California debt law
Wage garnishment in California
A creditor can only garnish wages in California after it wins a court judgment, and the state cap is lower than the federal one. The formula, some illustrative paychecks, and how to ask for more of your pay to be protected.
How much of your pay can be garnished in California?
California uses two tests and applies the smaller result. Since the second test starts at 48 hours of minimum wage pay, lower earners keep more than the federal rule alone would leave them.
What could be withheld from a weekly paycheck?
These are illustrative weekly paychecks, calculated with the § 706.050 formula (California Legislature, opens in a new tab) at the 2026 state minimum wage. Forty-eight hours at $16.90 is $811.20, so only pay above that amount counts in the second test.
| Disposable pay a week | 20% test | 40% above $811.20 | Most that can be withheld |
|---|---|---|---|
| $700 | $140.00 | $0.00 | $0.00 |
| $1,000 | $200.00 | $75.52 | $75.52 |
| $1,500 | $300.00 | $275.52 | $275.52 |
| $2,500 | $500.00 | $675.52 | $500.00 |
Illustrative only. Disposable pay is what is left after deductions the law requires, such as taxes. A higher local minimum wage lowers every figure in the last column.
How do you ask to keep more of your wages?
If what is left after withholding does not cover your family's basic needs, the courts' guide explains how to file a Claim of Exemption (California Courts Self-Help Guide, opens in a new tab). It goes to the levying officer named on the order, usually a sheriff, not to the judge.
- Step 1
Fill in two forms
The Claim of Exemption and a Financial Statement (form WG-007/EJ-165) showing your income and expenses.
- Step 2
Deliver them
Take or mail the original and a copy to the levying officer shown on the Earnings Withholding Order. Keep a copy.
- Step 3
The creditor answers
The creditor has 10 days to oppose. If it does not, the claim is granted and extra money taken after you filed comes back.
- Step 4
A hearing if opposed
A judge decides. Any reply must be filed at least five court days before the hearing.
A decision
Withholding may continue while you wait. A legal aid office can help you complete the Financial Statement.
Can a creditor also take money from your bank account?
With a judgment, yes, but not all of it. From July 1, 2026 the first $2,325 (Judicial Council of California, opens in a new tab) is protected without a claim, and that amount applies per debtor, not per account (California Legislature, opens in a new tab). Directly deposited Social Security and public benefits have their own automatic amounts.
Wages already paid into your account may also be exempt, so bring pay stubs if you talk to a lawyer.
Do the same limits apply to support and tax orders?
No. The support exemption does not apply to a withholding order for child or spousal support or to a state tax order (California Legislature, opens in a new tab), which follow their own rules. The limits described here apply to orders for ordinary consumer debts such as credit cards, medical bills and personal loans.
When does a California wage garnishment end?
An earnings withholding order runs until the full amount is withheld (California Legislature, opens in a new tab), a court order or a notice from the levying officer ends it, or the judgment can no longer be enforced. A judgment lasts 10 years (California Legislature, opens in a new tab) unless it is renewed.
A creditor can also agree to release the order as part of a settlement of the judgment; get any such agreement in writing.
Filing for bankruptcy triggers an automatic stay (Cornell LII, opens in a new tab) that halts most collection, including wage garnishment. It has real costs as well as benefits, so talk to a bankruptcy attorney or legal aid before you decide.
Where to get legal help
Free and low-cost legal help.
We are not a law firm and cannot give legal advice. These are the people who can, many of them free. None of them pays us, and we do not pay them.
-
A lawyer
A State Bar certified lawyer referral service
The State Bar of California certifies referral services by region. Lawyers they refer must be in good standing and carry professional liability insurance.
Open the State Bar list (opens in a new tab) -
Legal aid
LawHelpCA
Maintained by the Legal Aid Association of California: plain-language legal information and a finder for free legal services near you.
Open LawHelpCA (opens in a new tab) -
Court self-help
California Courts Self-Help Guide
The California courts' own guide to debt lawsuits: your options, and step-by-step instructions for responding by type of debt.
Open the Self-Help Guide (opens in a new tab) -
Legal aid
Free legal aid near you
Legal aid offices give free civil legal help, including with debt lawsuits, to people who qualify. The Legal Services Corporation finder lists the office for your area.
Find legal aid (LSC) (opens in a new tab) -
A lawyer
How to find a consumer lawyer
The CFPB explains where to look for a lawyer who handles debt collection cases, and what experience to look for.
Read the CFPB guide (opens in a new tab)
Things you should know
The downsides, stated plainly.
Read these before you enroll anywhere, including with us. They apply to every debt settlement program.
- Your credit score will drop during the program, and late payments stay on your credit report.
- Creditors may keep collecting while you save, and they can sue. The program does not stop legal action.
- Interest and late fees can keep adding to your balances until each account settles.
- Forgiven debt may be taxable income. A creditor may send you IRS Form 1099-C.
- Fees apply. The fee is a percentage of your enrolled debt, set individually, and charged only after a settlement is reached.
- Not all creditors agree to settle, and not everyone completes the program.
- We do not guarantee any amount, percentage or timeline.
- Debt settlement is not available in all states. We are not a nonprofit or a credit counseling service, and we do not lend money.
- We do not give legal or tax advice. Talk to an attorney or a tax professional about your situation.
What percentage of wages can be garnished in California?
At most 20% of your weekly disposable earnings, and less if 40% of your pay above 48 times the minimum wage is smaller. Pay at or below 48 times the minimum wage cannot be withheld for an ordinary consumer debt.
Can my wages be garnished without a court judgment in California?
For an ordinary consumer debt, a creditor needs a court judgment first. Some government debts, taxes and support follow different rules.
How do I reduce a wage garnishment in California?
You can file a Claim of Exemption with a Financial Statement with the levying officer, asking to keep the pay you need to support yourself and your family. The creditor can oppose it, and then a judge decides.
Can I be fired for having my wages garnished in California?
The California courts say your employer cannot fire you for a single wage garnishment.
Sources
Where the facts on this page come from. Each link opens the original in a new tab.
- 01 California Legislature Cal. Code Civ. Proc. § 706.050: the most that can be withheld from wages (operative Sept. 1, 2023) (opens in a new tab)
- 02 California Department of Industrial Relations Minimum wage FAQ ($16.90 an hour from January 1, 2026) (opens in a new tab)
- 03 California Legislature Cal. Code Civ. Proc. § 706.051: earnings needed to support you and your family are exempt (opens in a new tab)
- 04 California Legislature Cal. Code Civ. Proc. § 706.022: when an earnings withholding order starts and ends (opens in a new tab)
- 05 California Courts Self-Help Guide Wage garnishment and the Claim of Exemption (opens in a new tab)
- 06 California Legislature Cal. Code Civ. Proc. § 704.220: money in a deposit account exempt without a claim (opens in a new tab)
- 07 Judicial Council of California Form EJ-156: Current dollar amounts of exemptions from enforcement of judgments (rev. July 20, 2026) (opens in a new tab)
- 08 California Legislature Cal. Code Civ. Proc. § 704.115: retirement plans and IRAs (opens in a new tab)
- 09 California Legislature Cal. Code Civ. Proc. § 683.020: a money judgment can be enforced for 10 years (opens in a new tab)
- 10 Cornell LII 15 U.S. Code 1673: Restriction on garnishment (25% of disposable earnings or 30 times the federal minimum wage) (opens in a new tab)
- 11 U.S. Department of Labor Fact Sheet #30: Wage garnishment protections of the Consumer Credit Protection Act (December 2024) (opens in a new tab)
- 12 Cornell LII 11 U.S. Code 362: Automatic stay (opens in a new tab)
Next step
No judgment yet? Look at the numbers.
If no court has ruled against you, run an illustrative estimate on your unsecured debt, with the fee shown on its own line.
Four short steps
Your estimate first. Contact details last.
- 1How much you owea close guess is fine
- 2What kinds of debtpick all that apply
- 3Which state you live inchecked before anything else
- 4Your estimate, then a real person if you want one