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California Claim of Exemption

File a California claim of exemption to protect wages from garnishment. Learn the WG-006 form, what pay is exempt, and how the levying officer process works.

Introduction

A California claim of exemption is a form you file to protect some or all of your wages or bank funds from a garnishment. An exemption is money the law says a creditor cannot take. After a creditor wins a judgment, it can serve an earnings withholding order on your employer and take a capped share of each paycheck. In California you file the Claim of Exemption, form WG-006, with the levying officer, usually the sheriff, and you can file it at any time. The creditor then has 10 days to oppose it. If they do not, your exemption is granted; if they do, the court sets a hearing. California protects more of your pay than federal law does, and earnings you need to support your family can be fully exempt. Money is held while the claim is decided, so file as soon as the garnishment starts. DocDraft prepares a California claim of exemption from your details, and attorney review is available before you file.

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Key Things to Know

  1. 1

    A California claim of exemption is a form you file to protect some or all of your wages or bank funds from garnishment. It tells the levying officer and the court that the money is exempt, meaning a creditor cannot take it.

  2. 2

    You file the Claim of Exemption, form WG-006, with the levying officer, not the court. Under Code of Civil Procedure section 706.105 the creditor then has 10 days to oppose it, and if no one opposes, the exemption is granted.

  3. 3

    California protects more of your pay than federal law. Under section 706.050 the amount that can be taken is the lesser of 20 percent of your weekly disposable earnings, or 40 percent of the amount above 48 times the state minimum hourly wage.

  4. 4

    Earnings you need to support yourself or your family can be fully exempt. Section 706.051 lets you claim the portion of wages necessary for support, which you back up with a financial statement on form WG-007.

  5. 5

    Some money is exempt no matter the debt. Social Security, disability, veterans benefits, and many public benefits are protected, and a claim of exemption is how you free those funds if a bank has frozen them.

  6. 6

    Money is withheld while the claim is decided. Because each paycheck is garnished until the levying officer or the court resolves your claim, filing the Claim of Exemption quickly limits what you lose.

  7. 7

    A hearing happens only if the creditor opposes. If the creditor files an opposition, the court sets a hearing where you show the earnings are needed for support and the creditor must justify the levy.

Key decisions before you file

Before you file a Claim of Exemption in California, a few decisions shape the document: which option to choose and what each one means. The Claim of Exemption guide walks through them.

Open the Claim of Exemption guide

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CLAIM OF EXEMPTION (CALIFORNIA - WAGE GARNISHMENT)

Filed under California Code of Civil Procedure sections 706.050, 706.051, and 706.105. The judgment debtor claims that some or all of the earnings being withheld are exempt and asks that they be released.

  1. LEVYING OFFICER AND CASE Levying officer (from the Earnings Withholding Order): [SHERIFF / LEVYING OFFICER] Court: [COURT NAME] Case number: [CASE NUMBER] Levying officer file number: [FILE NUMBER, IF ANY]

  2. PARTIES Judgment creditor: [CREDITOR NAME] Judgment debtor (you): [DEBTOR NAME] Debtor address: [DEBTOR ADDRESS] Employer served with the Earnings Withholding Order: [EMPLOYER NAME]

  3. EXEMPTION CLAIMED I claim that my earnings are exempt for the following reason(s): [ ] The earnings are needed to support me or my family (Code Civ. Proc. section 706.051). [ ] The amount withheld is more than the law allows under Code Civ. Proc. section 706.050. [ ] The funds come from an exempt source: [SOCIAL SECURITY / DISABILITY / VETERANS BENEFITS / PENSION / OTHER]. Amount I ask to be released each pay period: $[AMOUNT]

  4. FINANCIAL STATEMENT (form WG-007 / EJ-165, attach) Monthly take-home pay: $[INCOME] Monthly necessary expenses: $[EXPENSES] People I support: [NUMBER OF DEPENDENTS]

  5. WHAT I AM ASKING I ask the levying officer and, if the creditor opposes, the court, to find that the earnings above are exempt and to stop or reduce the withholding.

  6. VERIFICATION I declare under penalty of perjury under the laws of the State of California that the statements above are true and correct.

Debtor signature: [SIGNATURE] Printed name: [NAME] Date: [DATE]

Note: File this Claim of Exemption (Judicial Council form WG-006) with the levying officer named on your Earnings Withholding Order, together with the Financial Statement (WG-007). The creditor has 10 days to oppose. Confirm the current forms and procedure, or have this reviewed by an attorney, before you file.

California Requirements for Claim of Exemption

California Filing Deadline and Office

File the California claim of exemption with the correct office, the court or the levying officer as California directs, within the state's window after the garnishment is served. Money is usually held until the claim is decided, so filing late can forfeit wages the law would otherwise protect.

Frequently Asked Questions

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.

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.

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.

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.

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.

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.

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.

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.