California Code of Civil Procedure 706.121 – The “application for issuance of earnings withholding order” shall be …
The “application for issuance of earnings withholding order” shall be executed under oath and shall include all of the following:
(a) The name, the last known address, and, if known, the social security number of the judgment debtor.
Terms Used In California Code of Civil Procedure 706.121
- County: includes "city and county. See California Code of Civil Procedure 17
- creditor: means the state or the department or agency of the state seeking to collect the liability. See California Code of Civil Procedure 688.040
- debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
- Dependent: A person dependent for support upon another.
- 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
- Person: includes an individual, a corporation, a partnership or other unincorporated association, a limited liability company, and a public entity. See California Code of Civil Procedure 706.011
- Will: includes codicil. See California Code of Civil Procedure 17
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ: means an order or precept in writing, issued in the name of the people, or of a court or judicial officer. See California Code of Civil Procedure 17
(b) The name and address of the judgment creditor.
(c) The court where the judgment was entered and the date the judgment was entered.
(d) Whether the judgment is based in whole or in part on a claim for elder or dependent adult financial abuse and, if in part, how much of the judgment arises from that claim.
(e) The date of issuance of a writ of execution to the county where the earnings withholding order is sought.
(f) The total amount required to satisfy the order on the date of issuance (which may not exceed the amount required to satisfy the writ of execution on the date of issuance of the order plus the levying officer’s statutory fee for service of the order).
(g) The name and address of the employer to whom the order will be directed.
(h) The name and address of the person to whom the withheld money is to be paid by the levying officer.
(Amended by Stats. 2010, Ch. 64, Sec. 3. (AB 2619) Effective January 1, 2011. Operative January 1, 2012, by Sec. 6 of Ch. 64.)