California Employer's Return - Wage Garnishment

State:
California
Control #:
CA-WG-005
Format:
PDF
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Description

Employer's Return: An Employer's Return involves the wage garnishment of an Employee. This form is to be filled out and signed by the Employer, or risk fines from the court for non-compliance. It lists the Employee's name, address and wages, among other things.

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FAQ

If you have your wages garnished to settle a debt, that pay is still legally yours, so you can't simply ask the Internal Revenue Service to deduct it from your income or ask for a refund of garnished wages on your taxes. It's effectively the same as if you received your paycheck and then paid your creditor.

Although your employer is not required to report wage garnishments on your W-2. you can manually insert this information on Box 14 of the form.

Fill out a Claim of Exemption (Form EJ-160 ) and a Financial Statement (Form EJ-165 ). Use the Exemptions From the Enforcement of Judgments (Form EJ-155.

For ordinary garnishments (i.e., those not for support, bankruptcy, or any state or federal tax), the weekly amount may not exceed the lesser of two figures: 25% of the employee's disposable earnings, or the amount by which an employee's disposable earnings are greater than 30 times the federal minimum wage (currently

If you have a garnish imposed on your earnings, money will be taken from your gross income rather than your net income in order to satisfy your debt obligations.

Garnishment applies to your net income. This is the amount of an employee's income left after required deductions such as taxes and Social Security contributions.

Unfortunately, by ignoring the proper Writ of Garnishment, your employer can get in trouble and Debbie may get fired.and the creditor finds out, your employer may end up going to court on an Order to Show Cause, where they have to explain to the judge why they ignored the court documents.

Unfortunately, by ignoring the proper Writ of Garnishment, your employer can get in trouble and Debbie may get fired.and the creditor finds out, your employer may end up going to court on an Order to Show Cause, where they have to explain to the judge why they ignored the court documents.

Call the county's levying officer. Ask the court clerk who the levying officer is. Typically, it is the sheriff's office. Call and ask what the fee is to cover the costs of garnishing the debtor's wages. Be prepared to have a check or money order made out in that amount.

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California Employer's Return - Wage Garnishment