§ 706.022.Withholding Period Defined; Withholding For Pay Period Ending During Withholding Period
Title 9. Enforcement of Judgments · Division 2 · Chapter 5. Wage Garnishment · Article 2. General Provisions · Last amended 2026 · Last verified July 28, 2026
In one sentenceSection 706.022 defines the withholding period that begins 30 days after an earnings withholding order is served on the employer (45 days if a timely exemption claim is filed), lasts until the order is satisfied or terminated, and shields the employer from liability for amounts already withheld before a termination notice arrives.
(a)A judgment creditor shall not enforce an earnings withholding order beyond the period of enforceability as defined in Section 683.020 or, if renewed, as provided for in subdivision (c) of Section 683.120. As used in this section, "withholding period" means the period which commences on the 30th day after service of an earnings withholding order upon the judgment debtor's employer. If a claim of exemption is filed with the levying officer, and the employer is given actual notice before the close of business on the 29th day after the service of the earnings withholding order on the judgment debtor's employer, the withholding period commences on the 45th day after service of the earnings withholding order on the judgment debtor's employer. The withholding period shall continue until the earliest of the following dates:
(1)The date the employer has withheld the full amount required to satisfy the order.
(2)The date of termination specified in a court order served on the employer.
(3)The date of termination specified in a notice of termination served on the employer by the levying officer.
(4)The date of termination of a dormant or suspended earnings withholding order as determined pursuant to Section 706.032.
(b)Except as otherwise provided by statute, an employer shall withhold the amounts required by an earnings withholding order from all earnings of the employee payable for any pay period of the employee which ends during the withholding period.
(c)An employer is not liable for any amounts withheld and paid over to the levying officer pursuant to an earnings withholding order prior to service upon the employer pursuant to paragraph (2) or (3) of subdivision (a).
Plain-English Summary
The "withholding period" is the clock that governs how long an employer must keep withholding under an earnings withholding order. It ordinarily starts on the 30th day after service on the employer. But if a claim of exemption is filed with the levying officer and the employer gets actual notice of it by the close of business on the 29th day after service, the start date pushes back to the 45th day — giving the exemption process room to play out before withholding locks in.
That period runs until whichever comes first: the employer has withheld the full amount the order requires, a court order served on the employer sets a termination date, the levying officer serves a notice of termination, or the order terminates automatically as a dormant or suspended order under § 706.032.
Once the period is running, the employer must withhold from every paycheck for a pay period that ends during that window — not just paychecks issued after the 30- or 45-day mark. And subdivision (c) protects the employer from liability for amounts it already withheld and paid over before it was properly served with a court order or notice of termination under paragraph (2) or (3) of subdivision (a).
Frequently Asked Questions
When must an employer start withholding after being served an earnings withholding order?
Generally 30 days after service. If a claim of exemption is filed and the employer is timely notified of it, the start date moves to 45 days after service.
What ends the withholding period?
Whichever happens first: the full amount owed is withheld, a court order sets a termination date, the levying officer serves a notice of termination, or the order automatically terminates as dormant or suspended under § 706.032.
Is the employer liable for withholding made before receiving a termination notice?
No. Section 706.022(c) protects the employer from liability for amounts already withheld and paid over to the levying officer before proper service of a termination order or notice.
Amendment History
Amended by Stats 2025 ch 708 (AB 774),s 7, eff. 1/1/2026. Amended by Stats 2024 ch 514 (AB 2837),s 10, eff. 1/1/2025. Amended by Stats. 1992, Ch. 283, Sec. 5. Effective July 21, 1992.
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
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