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§ 706.100.Rule For Practice and Procedure In Proceedings

Title 9. Enforcement of Judgments · Division 2 · Chapter 5. Wage Garnishment · Article 5. Procedure for Earnings Withholding Orders and Exemption Claims · Enacted 1982 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 706.100 authorizes the Judicial Council to write rules governing the practice and procedure for wage garnishment proceedings under this chapter, though that rulemaking power stops short of the state's own administrative hearings for collecting tax debts under Article 4, beginning at Section 706.070.

Full Text of § 706.100

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Notwithstanding any other provision of law, the Judicial Council may provide by rule for the practice and procedure in proceedings under this chapter except for the state's administrative hearings provided by Article 4 (commencing with Section 706.070).

Plain-English Summary

This section hands the Judicial Council a wide grant of authority: it may set the practice and procedure rules that govern wage garnishment proceedings under this chapter, filling gaps that the statutes themselves leave open. That authority covers matters like how documents get filed and how hearings are scheduled, working alongside whatever the Legislature has already spelled out in the sections that follow.

The grant has one carve-out. It doesn't reach the state's own administrative hearings for collecting tax debts under Article 4, beginning at § 706.070. Those hearings run on rules the tax-collecting agencies set for themselves, separate from the court-centered procedure the Judicial Council oversees for everything else in this chapter.

In practice, this section is why California's wage garnishment forms and procedural rules look uniform statewide. Articles 5 through 7 rely on rules the Judicial Council adopts under this authority to fill in the mechanics of service, exemption claims, and administration.

Frequently Asked Questions

Who sets the procedural rules for California wage garnishment cases?

The Judicial Council, acting under the authority § 706.100 grants for proceedings under this chapter.

Does the Judicial Council control the state's tax garnishment hearings too?

No. Section 706.100 excludes the state's own administrative hearings for collecting tax debts under Article 4 (§ 706.070 and following).

Amendment History

Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.

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: wage garnishment rules californiajudicial council garnishment procedure rulemaking