If a debtor doesn't pay back his debts, the creditor can take him to court. After winning a judgment, the creditor can ask the court to garnish the debtor's wages or require the debtor's employer to withhold a certain amount of wages each pay period to repay the debt. California law allows the debtor to request an exemption from wage garnishment if he needs his entire paycheck to support himself and his family.
Limitations on Garnishment
California adheres to federal limitations on wage garnishment. Creditors may not garnish more than the smaller of 25 percent of the garnishee's disposable earnings for that week or 30 times the federal minimum wage. Disposable earnings are the amount of income the garnishee receives after his employer withholds payroll taxes and other pretax deductions.
Applying for Exemptions
Any debtor can request an exemption in California. The debtor fills out a form requesting that she keep some or all of her wages despite a judgment against her. The debtor must demonstrate financial necessity by attaching a form detailing her finances to the request. If the creditor agrees, the court accepts the revised garnishment plan. If the creditor objects, the court schedules a hearing to determine whether there's adequate cause for an exemption.
Restrictions
Debtors in California can claim exemptions if they need the money to support themselves and their families. However, debtors can't qualify for exemptions if they owe money for medical care, housing, food or clothing. In addition, a debtor doesn't qualify for an exemption if he owes money to a former employee or uses his earnings to buy unnecessary items. Finally, debtors can't get an exemption if they owe money for child support or alimony.
How to Apply
Obtain a copy of the claim of exemption and financial statement forms. Fill out each form. Indicate how much of your money you're requesting an exemption on and provide details of your financial situation. Sign and date the forms. Make two copies of each form. Give the original and one copy to the levying officer and keep one for your records. If the creditor doesn't object to the exemption, the levying officer orders the garnishment to be modified within 10 days. If the creditor objects, you receive a notice of opposition and a hearing date and time. Bring proof of your financial situation, such as pay stubs, to the hearing.
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