As used in this chapter:
§ 706.011.Definitions
Title 9. Enforcement of Judgments · Division 2 · Chapter 5. Wage Garnishment · Article 1. Short Title; Definitions · Last amended 2013 · Last verified July 28, 2026
In one sentenceSection 706.011 defines the core vocabulary of the Wage Garnishment Law, including disposable earnings, earnings, employee, employer, and specialized terms for elder-abuse withholding orders, support assignment orders, and the state's role as a judgment creditor or tax collector.
Full Text of § 706.011
(a) "Disposable earnings" means the portion of an individual's earnings that remains after deducting all amounts required to be withheld by law.
(b) "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.
(c) "Earnings withholding order for elder or dependent adult financial abuse" means an earnings withholding order, made pursuant to Article 5 (commencing with Section 706.100) and based on a money judgment in an action for elder or adult dependent financial abuse under Section 15657.5 of the Welfare and Institutions Code.
(d) "Earnings assignment order for support" means an order, made pursuant to Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code or Section 3088 of the Probate Code, which requires an employer to withhold earnings for support.
(e) "Employee" means a public officer and any individual who performs services subject to the right of the employer to control both what shall be done and how it shall be done.
(f) "Employer" means a person for whom an individual performs services as an employee.
(g) "Judgment creditor," as applied to the state, means the specific state agency seeking to collect a judgment or tax liability.
(i) "Person" includes an individual, a corporation, a partnership or other unincorporated association, a limited liability company, and a public entity.
Plain-English Summary
Nearly every later section in this chapter leans on the terms this section defines. "Disposable earnings" means what's left of an employee's pay after legally required deductions — the base figure the withholding caps in § 706.050 apply to. "Earnings" covers any compensation for personal services, whatever it's called: wages, salary, commission, or bonus.
Several definitions exist to keep different tracks of this chapter straight. An "earnings withholding order for elder or dependent adult financial abuse" is a specific order tied to a judgment under the elder-abuse statute, given special priority in § 706.023. An "earnings assignment order for support" is a distinct family-law mechanism, not issued under this chapter's own procedure, that § 706.031 folds into the priority scheme. And "employee" and "employer" are defined broadly enough to reach public officers and anyone with the right to control how work gets done.
The definitions of "judgment creditor" and "judgment debtor" do extra work for Article 4's tax-collection track. For the state, "judgment creditor" means the specific state agency pursuing the debt, and "judgment debtor" reaches a taxpayer even before any judgment exists — recognizing that a state tax withholding order under § 706.070 doesn't require the state to have sued anyone first.
Frequently Asked Questions
What does "disposable earnings" mean under California's wage garnishment law?
The portion of an employee's earnings left after deducting all amounts required to be withheld by law — the figure used to calculate the withholding limits in § 706.050.
Does "earnings" cover more than a regular hourly wage?
Yes. Section 706.011(b) defines it to include wages, salary, commissions, bonuses, or any other compensation for personal services performed as an employee.
Why does the state count as a "judgment creditor" without necessarily having a judgment?
Because Article 4 lets the state collect a state tax liability through a withholding order for taxes even when the debt hasn't been reduced to judgment, so § 706.011(h) extends "judgment debtor" to a taxpayer in that situation.
Is an earnings assignment order for support the same as an earnings withholding order?
No. Section 706.011(d) defines it as a separate family-law order that requires an employer to withhold support, distinct from the withholding order for support issued under § 706.030.
Amendment History
Amended by Stats 2012 ch 474 (AB 1775),s 1, eff. 1/1/2013, op. 7/1/2013. Amended by Stats 2010 ch 64 (AB 2619),s 1, eff. 1/1/2011, op. 1/1/2012.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: disposable earnings definition californiawage garnishment terms defined