California Code of Civil Procedure 706.050 – (a) Except as otherwise provided in this chapter, the maximum …
(a) Except as otherwise provided in this chapter, the maximum amount of disposable earnings of an individual judgment debtor for any workweek that is subject to levy under an earnings withholding order shall not exceed the lesser of the following:
(1) Twenty percent of the individual’s disposable earnings for that week.
Terms Used In California Code of Civil Procedure 706.050
- debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
- Disposable earnings: means the portion of an individual's earnings that remains after deducting all amounts required to be withheld by law. See California Code of Civil Procedure 706.011
- 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
- Judgment debtor: includes a person from whom the state is seeking to collect a tax liability under Article 4 (commencing with Section 706. See California Code of Civil Procedure 706.011
- State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
(2) Forty percent of the amount by which the individual’s disposable earnings for that week exceed 48 times the state minimum hourly wage in effect at the time the earnings are payable. If a judgment debtor works in a location where the local minimum hourly wage is greater than the state minimum hourly wage, the local minimum hourly wage in effect at the time the earnings are payable shall be used for the calculation made pursuant to this paragraph.
(b) For any pay period other than weekly, the following multipliers shall be used to determine the maximum amount of disposable earnings subject to levy under an earnings withholding order that is proportional in effect to the calculation described in paragraph (2) of subdivision (a), except as specified in paragraph (1):
(1) For a daily pay period, the amounts shall be identical to the amounts described in subdivision (a).
(2) For a biweekly pay period, multiply the applicable hourly minimum wage by 96 work hours.
(3) For a semimonthly pay period, multiply the applicable hourly minimum wage by 104 work hours.
(4) For a monthly pay period, multiply the applicable hourly minimum wage by 208 work hours.
(c) This section shall become operative on September 1, 2023.
(Repealed (in Sec. 1) and added by Stats. 2022, Ch. 849, Sec. 2. (SB 1477) Effective January 1, 2023. Operative September 1, 2023, by its own provisions.)