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California Employer's Return - Wage Garnishment - F.R.C.P. Rule 64

State:
California
Control #:
CA-CV-88B-FED
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This form is an official United States District Court - California Central District form which complies with all applicable state codes and statutes. USLF updates all state forms as is required by state statutes and law.

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FAQ

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.

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.

If a judgment creditor is garnishing your wages, federal law provides that it can take no more than: 25% of your disposable income, or. the amount that your income exceeds 30 times the federal minimum wage, whichever is less.

A.) The amount by which disposable earnings exceed 30 times the federal minimum hourly wage (currently $7.25 an hour), or. b.) 25 percent of disposable earnings (after federal, state, and local taxes and retirement contributions).

Determine disposable earnings by subtracting legally required deductions from the employee's gross wages. Legally required deductions are those that the government requires, such as federal income tax, Social Security tax and Medicare tax. The result is the disposable earnings, which are subject to wage garnishment.

A.) The amount by which disposable earnings exceed 30 times the federal minimum hourly wage (currently $7.25 an hour), or. b.) 25 percent of disposable earnings (after federal, state, and local taxes and retirement contributions).

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.

The journal entry will be Debit Gross Wages, and Credit "Child Support Liability account." When you write the check to pay the garnishment, on the Expenses tab, you list the Child Support Liability account.

Call the Creditor There is nothing lost in trying to talk to the creditor and work out a different arrangement to repay the debt back. File an Exemption In California you may be able to stop the Wage Garnishment through filing an exemption.

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California Employer's Return - Wage Garnishment - F.R.C.P. Rule 64