California Code of Civil Procedure 706.024 – (a) The amount required to satisfy an earnings withholding order …
(a) The amount required to satisfy an earnings withholding order is the total amount required to satisfy the writ of execution on the date the order is issued, with the following additions and subtractions:
(1) The addition of the statutory fee for service of the order and any other statutory fees for performing duties under the order.
Terms Used In California Code of Civil Procedure 706.024
- debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
- Earnings: means compensation payable by an employer to an employee for personal services performed by such employee, whether denominated as wages, salary, commission, bonus, or otherwise. See California Code of Civil Procedure 706.011
- Employer: means a person for whom an individual performs services as an employee. See California Code of Civil Procedure 706.011
(2) The addition of costs added to the order pursuant to Section 685.090.
(3) The subtraction of the amount of any partial satisfactions.
(4) The addition of daily interest accruing after issuance of the order, as adjusted for partial satisfactions.
(b) From time to time the levying officer, in the levying officer’s discretion, may give written notice to the employer of the amount required to satisfy the earnings withholding order and the employer shall determine the total amount to withhold based upon the levying officer’s notice, notwithstanding a different amount stated in the order originally served on the employer.
(c) If the full amount required to satisfy the earnings withholding order as stated in the order or in the levying officer’s notice under subdivision (b) is withheld from the judgment debtor‘s earnings, interest ceases to accrue on that amount.
(Added by Stats. 1992, Ch. 283, Sec. 6. Effective July 21, 1992.)