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EMPLOYEE INSTRUCTIONS
WG-003
-NOTICE-
-NOTICIA-
IMPORTANT LEGAL NOTICE TO EMPLOYEE
ABOUT EARNINGS WITHHOLDING ORDERS
(Wage Garnishment)
The Earnings Withholding Order requires your
employer to pay part of your earnings to the sheriff or
other levying officer. The levying officer will pay the
money to a creditor who has a court judgment against
you. The information below may help you protect the
money you earn.
NOTICIA LEGAL IMPORTANTE RESPECTO
A LAS ÓRDENES DE RETENCIÓN DE SUELDO
La Orden de Retención de Sueldo requiere que su
empleador pague una parte de su sueldo a un oficial
de embargo. El oficial le pagará el dinero retenido a
su acreedor que ha conseguido una decisión judicial
en contra de usted. Pida usted que un amigo o su
abogado le lea este papel oficial. Esta información le
puede ayudar a proteger su sueldo.
CAN YOU BE FIRED BECAUSE OF THIS?
NO. You cannot be fired unless your earnings have been withheld before for a different court judgment. If this is the first
judgment for which your wages will be withheld and your employer fires you because of this, the California Labor
Commissioner, listed in the phone book of larger cities, can help you get your job back.
HOW MUCH OF YOUR PAY WILL BE WITHHELD?
The reverse of the Earnings Withholding Order (abbreviated in this notice as EWO) that applies to you contains Employer
Instructions. These explain how much of your earnings can be withheld. Generally, the amount is about 25% of your take
home pay until the amount due has been withheld. The levying officer will notify the employee of an additional
assessment charged for paying out money collected under this order and that amount will also be withheld.
If you have trouble figuring this out, ask your employer for help.
YES. There are several possibilities.
IS THERE ANYTHING YOU CAN DO?
1. See an attorney. If you do not know an attorney, check with the lawyer referral service or the legal aid office in your
county (both are listed in the yellow pages under ''Attorneys'').
An attorney may be able to help you make an agreement with your creditor, or may be able to help you stop your
earnings from being withheld. You may wish to consider bankruptcy or asking the bankruptcy court to help you pay
your creditors. These possibilities may stop your wages from being withheld.
An attorney can help you decide what is best for you. Take your EWO to the attorney to help you get the best advice
and the fastest help.
2. Try to work out an agreement yourself with your creditor. Call the creditor or the creditor's attorney, listed on the
EWO. If you make an agreement, the withholding of your wages will stop or be changed to a smaller amount you
agree on. (See item 4 on the reverse for another way to make an offer to your creditor.)
3. You can ask for an EXEMPTION. An exemption will protect more, or maybe even all of your earnings. You can get an
exemption if you need your earnings to support yourself or your family, but you cannot get an exemption if:
a. You use some of your earnings for luxuries and they aren't really necessary for support; OR
b. You owe money OR
to an attorney because of a court order in a family law case;
c. You owe the debt for past due child support of spousal support (alimony); OR
d. You owe the debt to a former employee for wages.
HOW DO YOU ASK FOR AN EXEMPTION?
(See the other side of this form for instructions about claiming an exemption.)
Form Adopted for Mandatory Use
Judicial Council of California
WG-003 [Rev. January 2, 2012]
EMPLOYEE INSTRUCTIONS
(Wage Garnishment)
Page 1 of 2
Code of Civil Procedure, § 706.122
www.courts.ca.gov
HOW DO YOU ASK FOR AN EXEMPTION?
WG-003
1. Call or write the levying officer for three (3) copies each of the
forms called ''Claim of Exemption'' and ''Financial Statement.''
These forms are free. The name and address of the levying officer
are in the big box on the right at the top of the EWO.
2. Fill out both forms. On the forms are some sentences or words
which have boxes
words which follow may not apply to your case. If the words do
apply, put a check in the box.
in front of them. The box means the
Remember, it is your job to prove with the Financial Statement
form that your earnings are needed for support. Write down the
details about your needs.
3. For example, if your child has special medical expenses, tell which
child, what illnesses, who the doctor is, how often the doctor must
be visited, the cost per visit, and the costs of medicines. These
details should be listed in item 6. If you need more space, put ''See
attachment 6'' and attach a typed 8½ by 11 sheet of paper on which
you have explained your expenses in detail.
4. You can use the Claim of Exemption form to make an offer to the
judgment creditor to have a specified amount withheld each pay
period. Complete item 3 on the form to indicate the amount you
agree to have withheld each pay day during the withholding
period. (Be sure it's less than the amount to be withheld otherwise.)
If your creditor accepts your offer, he will not oppose your claim of
exemption. (See (1) below. )
5. Sign the Claim of Exemption and Financial Statement forms. Be
sure the Claim of Exemption form shows the address where you
receive mail.
6. Mail or deliver two (2) copies of each of the two forms to the levying
officer. Keep one copy for yourself in case a court hearing is
necessary.
Do not use the Claim of Exemption and Financial Statement forms to
seek a modification of child support or alimony payments. These
payments can be modified only by the family law court that ordered
them.
FILE YOUR CLAIM OF EXEMPTION AS SOON AS POSSIBLE FOR
THE MOST PROTECTION.
ONE OF TWO THINGS WILL HAPPEN NEXT
(1) The judgment creditor will not oppose (object to) your claim of
exemption. If this happens, after 10 days the levying officer will tell
your employer to stop withholding or withhold less from your
earnings. The part (or all) of your earnings needed for support will
be paid to you or paid as you direct. And you will get back earnings
the levying officer or your employer were holding when you asked
for the exemption.
—OR—
(2) The creditor will oppose (object to) your claim of exemption. If this
happens, you will receive a Notice of Opposition and Notice of
Hearing on Claim of Exemption, in which the creditor states why
your exemption should not be allowed. A box in the middle of the
Notice of Hearing tells you the time and place of the court hearing
which will be in about ten days. Be sure to go to the hearing if you
can.
If the judgment creditor has checked the box in item 3 on the Notice of
Hearing on Claim of Exemption, the creditor will not be in court. If you
are willing to have the court make its decision based on your Financial
Statement and the creditor's Notice of Opposition, you need not go to
the hearing.
The Notice of Opposition to Claim of Exemption will tell you why the
creditor thinks your claim should not be allowed. If you go to the
hearing, take any bills, paycheck stubs, cancelled checks, or other
evidence (including witnesses) that will help
you prove your Claim of Exemption and Financial Statement are correct
and your earnings are needed to support yourself or your family.
Perhaps you can even prove the Notice of Opposition is wrong. For
example, perhaps the Notice of Opposition states that the judgment
was for wages for a past employee.You may be able to provide
evidence that the person was not an employee or that the debt was
not for wages.
If the judge at the hearing agrees with you, your employer will be
ordered to stop withholding your earnings or withhold less money. The
judge can even order that the EWO end before the hearing (so you
would get some earnings back).
If the judge does not agree with you, the withholding will continue
unless you appeal to a higher court. The rules for appeals are
complex so you should see an attorney if you want to appeal.
If you have one court hearing, you should not file another Claim of
Exemption about the same EWO unless your finances have gotten
worse in an important way.
If your EWO is to be changed or ended, the levying officer must sign
the notice to your employer of the change. He may give you
permission to deliver it to the employer, or it can be mailed.
WHAT HAPPENS TO YOUR EARNINGS IF YOU FILE A CLAIM OF EXEMPTION?
Your employer must continue to hold back part of your earnings for the
EWO until he receives a notice signed by the levying officer to change
the order or end it early.
The levying officer will keep your withheld earnings until your Claim of
Exemption is denied or takes effect. At that time your earnings will be
paid according to the law that applies to your case.
REGARDING CHILD SUPPORT
If you are obligated to make child support payments, the local child
support agency may help you to have an Order Assigning Salary or
Wages entered. This order has the top priority claim on your earnings.
When it is in effect, little or no money may be
available to be withheld for an EWO. And, if the local child support
agency is involved in collecting this support from you, it may agree to
accept less money if this special order is entered.
WHAT IF YOU STILL HAVE QUESTIONS?
If you cannot see an attorney, or don't want to see an attorney, you
might be able to answer some of your questions by reading the law in a
law library. Ask the law librarian to help you find sections 706.050 and
706.105 of the California Code of Civil Procedure. Other sections of the
code, beginning with section 706.010 may also answer some of your
questions.
Also, the office of the Wage and Hour Division of the U.S. Department
of Labor may be able to answer some of your questions. Offices are
listed in the telephone directory under the U.S. Department of Labor in
the U.S. Government listing.
WG-003 [Rev. January 2, 2012]
EMPLOYEE INSTRUCTIONS (Wage Garnishment)
Page 2 of 2
