Wage Garnishment in California
How much of your paycheck can be garnished in California and how to claim an exemption.
Short answer: The lesser of 20% of weekly disposable earnings, or 40% of the amount by which weekly disposable earnings exceed 48 times the state minimum hourly wage (or the local minimum wage if higher where the debtor works). Cal. Code Civ. Proc. § 706.050
| Wage garnishment limit | The lesser of 20% of weekly disposable earnings, or 40% of the amount by which weekly disposable earnings exceed 48 times the state minimum hourly wage (or the local minimum wage if higher where the debtor works). This is stricter than the federal limit. Operative September 1, 2023 (SB 1477). Source: Cal. Code Civ. Proc. § 706.050 |
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| Claiming an exemption | File a Claim of Exemption, under oath, with the levying officer (usually the sheriff), not the court. The deadline is 15 days after the notice of levy is personally served, or 20 days if it was served by mail. For personal (consumer) debts, a claim may be filed after that deadline, but the levying officer may release the money to the creditor once the 20 days pass. Source: Cal. Code Civ. Proc. § 703.520 |
Where to get help in California
- California Department of Financial Protection and Innovation (DFPI), which licenses debt collectors and enforces the Rosenthal Act
- File a complaint or claim
More California debt & collections
- Statute of Limitations on Debt in California
- How to Respond to a Debt Collection Lawsuit in California
- What Creditors Can't Take in California
- Medical Debt Protections in California
- All California debt & collections rules
FAQ
How much of my wages can be garnished in California?
The lesser of 20% of weekly disposable earnings, or 40% of the amount by which weekly disposable earnings exceed 48 times the state minimum hourly wage (or the local minimum wage if higher where the debtor works). This is stricter than the federal limit.
How do I stop a garnishment or claim an exemption in California?
File a Claim of Exemption, under oath, with the levying officer (usually the sheriff), not the court. The deadline is 15 days after the notice of levy is personally served, or 20 days if it was served by mail. For personal (consumer) debts, a claim may be filed after that deadline, but the levying officer may release the money to the creditor once the 20 days pass.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.