Question 1

What is a claim of exemption in California?

Accepted Answer

A California claim of exemption is a form, WG-006, that you file to protect wages or bank funds from a garnishment. It tells the levying officer that some or all of the money is exempt, meaning the law does not let a creditor take it. You file it with the levying officer named on the earnings withholding order, and if the creditor does not oppose it within 10 days, the exemption is granted.

Question 2

What is the difference between a claim of exemption and an objection to a garnishment in California?

Accepted Answer

An objection challenges whether the garnishment is proper, such as a wrong amount or a defect in the earnings withholding order. A California claim of exemption accepts the judgment but says the specific wages are protected, for example because you need them to support your family. The Claim of Exemption form and its financial statement are how you raise the exemption, and you can also point out a defect at the same time.

Question 3

How much of my paycheck can be garnished in California?

Accepted Answer

Under Code of Civil Procedure section 706.050 a creditor can take the lesser of 20 percent of your weekly disposable earnings, or 40 percent of the amount by which your weekly disposable earnings exceed 48 times the state minimum hourly wage. Disposable earnings are what is left after legally required deductions. This protects more of your pay than the federal limit does.

Question 4

How long do I have to file a claim of exemption in California?

Accepted Answer

You can file the Claim of Exemption at any time after the earnings withholding order takes effect, but you should file quickly because money is withheld from each paycheck until the claim is resolved. Once you file with the levying officer, the creditor has 10 days to oppose it. If the creditor does not oppose within that window, your exemption is granted.

Question 5

What income is exempt from garnishment in California?

Accepted Answer

Social Security, Supplemental Security Income, disability, veterans benefits, and many public benefits and pensions are exempt from garnishment for ordinary debts. A share of ordinary wages is also protected, and earnings needed to support you or your family can be fully exempt under section 706.051. If exempt benefits are frozen in a bank account, a claim of exemption is how you get them released.

Question 6

Can I protect my wages if I support my family in California?

Accepted Answer

Yes. Under Code of Civil Procedure section 706.051, the portion of your earnings needed to support you or your family is exempt from garnishment. You claim it on the WG-006 Claim of Exemption and support it with a financial statement, form WG-007, showing your income, expenses, and dependents. The court weighs that need if the creditor opposes your claim.

Question 7

Where do I file a California claim of exemption?

Accepted Answer

You file the Claim of Exemption, form WG-006, with the levying officer identified on the earnings withholding order, which is usually the county sheriff, not directly with the court. The levying officer notifies the creditor, who has 10 days to oppose. The court only gets involved if the creditor files an opposition and asks for a hearing.

Question 8

What happens after I file a claim of exemption in California?

Accepted Answer

The levying officer notifies the creditor, who has 10 days to file an opposition. If the creditor does nothing, your exemption is granted and the protected wages are released. If the creditor opposes, it must file a motion and the court sets a hearing, where you show the earnings are needed for support. Until the claim is decided, the garnished money is held rather than paid out.

California Claim of Exemption

Introduction

Key Things to Know

Key decisions before you file

Customize your Claim of Exemption Template with DocDraft

California Requirements for Claim of Exemption

California Filing Deadline and Office

Frequently Asked Questions