(a) If a writ of execution has been issued to the county where the judgment debtor's employer is to be served and the time specified in subdivision (b) of Section 699.530 for levy on property under the writ has not expired, a judgment creditor may apply for the issuance of an earnings withholding order by filing an application with a levying officer in such county who shall promptly issue an earnings withholding order.
§ 706.102.Filing Application For Issuance of Order
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 706.102 lets a judgment creditor apply to a levying officer for an earnings withholding order once a writ of execution has issued to the county where the employer will be served and the levy period on that writ hasn't expired, though this route doesn't apply to tax withholding orders.
Full Text of § 706.102
(b) This section does not apply where the earnings withholding order is a withholding order for taxes.
Plain-English Summary
Before a creditor can garnish wages, a writ of execution has to be issued to the county where the employer sits, and the window for levying under that writ, set by § 699.530(b), has to still be open. Once both are true, the creditor files an application with a levying officer in that county, who must promptly issue the earnings withholding order.
This is the everyday path most wage garnishments take. It sits alongside § 706.108's alternative, which lets a registered process server issue the order instead of a levying officer, and it excludes withholding orders for taxes, which follow their own procedure under Article 4.
Frequently Asked Questions
What has to be true before a creditor can apply for an earnings withholding order?
A writ of execution must already have issued to the county where the debtor's employer will be served, and the time to levy under that writ, set by § 699.530(b), must not have expired.
Where does the creditor file the application?
With a levying officer in the county where the writ of execution issued and where the employer will be served, who must then promptly issue the order.
Does this procedure apply to state tax garnishments?
No. Section 706.102 doesn't apply when the order sought is a withholding order for taxes, which follows the separate procedure in Article 4.
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
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