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T OF CALIFORNIA, COUNTY OF : STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: COURT CASE NUMBER: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: LEVYING OFFICER FILE NUMBER: APPLICATION FOR EARNINGS WITHHOLDING ORDER (Wage Garnishment) TO THE SHERIFF OR ANY MARSHAL OR CONSTABLE OF THE COUNTY OF: OR ANY REGISTERED PROCESS SERVER 1. The judgment creditor (name): requests issuance of an Earnings Withholding Order directing the employer to withhold the earnings of the judgment debtor.
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Gov FAQ
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After you have a Writ of Execution, you will send it with more instructions to the sheriff so they can try to collect the money owed.
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Confidential Statement of Judgment Debtor's Social Security Number (WG-035) Tells the court, employer, and levying officer the Social Security Number of a person who owes money.
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Federal law places limits on how much judgment creditors can take. The garnishment amount is limited to 25% of your disposable earnings for that week (what's left after mandatory deductions) or the amount by which your disposable earnings for that week exceed 30 times the federal minimum hourly wage, whichever is less.
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Under both State (CCP § 706.050) and Federal (15 USC 1673) law, judgment creditors may garnish up to 25% of the debtor's disposable earnings (or more, if the debtor earns more than 40 times minimum wage).
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To collect money from the other side's bank account or their paycheck, you first need a filed Writ of Execution from the court. This tells the sheriff to go to the other side's bank or employer and have them give the sheriff money from the other side's bank account or paycheck to give to you.
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If you act quickly, you can stop it before it even starts. By law, your employer cannot fire you for a single wage garnishment.
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A writ of garnishment is a process by which the court orders the seizure or attachment of the property of a defendant or judgment debtor in the possession or control of a third party. The garnishee is the person or corporation in possession of the property of the defendant or judgment debtor.
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A writ of execution is a process issued by the court directing the U.S. Marshal to enforce and satisfy a judgment for payment of money. (Federal Rules of Civil Procedure 69).
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