How much of my wages can be garnished in California?

Question

Accepted Answer

California protects more wages than the federal Consumer Credit Protection Act minimum.

1. Federal Floor

The federal Consumer Credit Protection Act, 15 U.S.C. § 1673(a), caps ordinary garnishment at the lesser of (a) 25% of weekly disposable earnings, or (b) the amount by which disposable earnings exceed 30 times the federal minimum wage ($7.25 × 30 = $217.50/week). States may impose stricter (lower) limits but never higher.

2. California Rule

Cal. Civ. Proc. Code § 706.050 uses 40 times the state minimum wage as the floor — far stronger than the federal 30x rule. The maximum garnishable amount is the lesser of:

25% of disposable earnings for the week; OR

50% of the amount by which the employee's weekly disposable earnings exceed 40 × the state minimum hourly wage.

At California's 2026 minimum wage of $16/hr, the protected floor is $640/week. Local minimums (e.g., West Hollywood, San Francisco) raise the threshold further per § 706.050(c).

3. Special Categories

Child/spousal support: Up to 50-65% of disposable earnings under 15 U.S.C. § 1673(b) and Cal. Fam. Code § 5246 (earnings assignment).

Federal tax (IRS levy): Governed by 26 U.S.C. § 6334 — uses an exempt amount table, not the 25% cap.

Federal student loans: 15% of disposable pay under 20 U.S.C. § 1095a (Higher Education Act).

State tax (FTB): Cal. Rev. & Tax. Code § 18670 — Earnings Withholding Order for Taxes (EWOT) may take up to 25%.

4. Head-of-Household Exemption

California has no automatic head-of-household exemption like Florida. Debtors may file a Claim of Exemption (Form WG-006) showing the garnishment causes financial hardship under Cal. Civ. Proc. Code § 706.051.

5. Process

Creditor must obtain a money judgment, then apply for an Earnings Withholding Order (EWO) via the sheriff under § 706.020. Employer has 15 days to return the Employer's Return (Form WG-005). Debtor files Claim of Exemption within 10 days of service.

6. Multiple Garnishments

Only one EWO can be active at a time under § 706.023; later orders queue behind support orders and tax levies in priority.

7. Employer Anti-Retaliation

15 U.S.C. § 1674 and Cal. Lab. Code § 2929(b) forbid termination for a single garnishment.

8. Bank vs Wage Garnishment

Bank levies follow different exemptions — Cal. Civ. Proc. Code § 704.220 auto-protects a minimum balance (currently around $2,080, indexed) without the debtor filing anything.

This is legal information, not legal advice.