Title 9. Enforcement of Judgments · Division 2 · Chapter 5. Wage Garnishment · Article 5. Procedure for Earnings Withholding Orders and Exemption Claims · Last amended 2026 · Last verified July 28, 2026
In one sentenceSection 706.105 lays out how a judgment debtor claims a wage garnishment exemption for financial hardship, covering when the claim is available, how to file it, how the creditor can oppose it, how the court resolves a contested claim, and what happens to money withheld before an order is modified or terminated.
(a)A judgment debtor may claim an exemption under Section 706.051 under either of the following circumstances:
(1)No prior hearing has been held with respect to the earnings withholding order.
(2)There has been a material change in circumstances since the time of the last prior hearing on the earnings withholding order.
(b)A claim of exemption shall be made by filing with the levying officer an original and one copy of (1) the judgment debtor's claim of exemption and (2) the judgment debtor's financial statement.
(c)Upon filing of the claim of exemption, the levying officer shall promptly send to the judgment creditor, at the address stated in the application for the earnings withholding order, by first-class mail, postage prepaid, all of the following:
(1)A copy of the claim of exemption.
(2)A copy of the financial statement.
(3)A notice of claim of exemption. The notice shall state that the claim of exemption has been filed and that the earnings withholding order will be terminated, or modified to reflect the amount of earnings claimed to be exempt in the claim of exemption, unless a notice of opposition to the claim of exemption is filed with the levying officer by the judgment creditor within 10 days after the date of the mailing of the notice of claim of exemption.
(d)A judgment creditor who desires to contest a claim of exemption shall, within 10 days after the date of the mailing of the notice of claim of exemption, file with the levying officer a notice of opposition to the claim of exemption.
(1)If a notice of opposition to the claim of exemption is filed with the levying officer within the 10-day period, the judgment creditor is entitled to a hearing on the claim of exemption. If the judgment creditor desires a hearing on the claim of exemption, the judgment creditor shall file a notice of motion for an order determining the claim of exemption with the court within 10 days after the date the levying officer mailed the notice of claim of exemption. If the notice of motion is so filed, the hearing on the motion shall be held not later than 30 days from the date the notice of motion was filed unless continued by the court for good cause. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, if the hearing is delayed by the court and cannot be set within 30 days of notice of the motion, a party may seek by ex parte application, and the court shall issue, an order staying any levy or garnishment with respect to the property subject to the claim of exemption until the hearing occurs. At the time prescribed by subdivision (b) of Section 1005, the judgment creditor shall give written notice of the hearing to the levying officer and shall serve a notice of the hearing and a copy of the notice of opposition to the claim of exemption on the judgment debtor and, if the claim of exemption so requested, on the attorney for the judgment debtor. Service is deemed made when the notice of the hearing and a copy of the notice of opposition to the claim of exemption are deposited in the mail, postage prepaid, addressed to the judgment debtor at the address stated in the claim of exemption and, if service on the attorney for the judgment debtor was requested in the claim of exemption, to the attorney at the address stated in the claim of exemption. The judgment creditor shall file proof of the service with the court. After receiving the notice of the hearing and before the date set for the hearing, the levying officer shall file the claim of exemption and the notice of opposition to the claim of exemption with the court.
(2)The filing of an ex parte application under this section is not a general appearance and shall not constitute a waiver of the right to bring a motion under Section 418.10.
(f)If the levying officer does not receive a notice of opposition to the claim of exemption within the 10-day period after the date of mailing of the notice of claim of exemption and a notice of the hearing not later than 10 days after the filing of the notice of opposition to the claim of exemption, the levying officer shall serve on the employer one of the following:
(1)A notice that the earnings withholding order has been terminated if all of the judgment debtor's earnings were claimed to be exempt.
(2)A modified earnings withholding order that reflects the amount of earnings claimed to be exempt in the claim of exemption if only a portion of the judgment debtor's earnings was claimed to be exempt.
(g)If, after hearing, the court orders that the earnings withholding order be modified or terminated, the clerk shall promptly transmit a certified copy of the order to the levying officer who shall promptly serve on the employer of the judgment debtor (1) a copy of the modified earnings withholding order or (2) a notice that the earnings withholding order has been terminated.
(1)Where the judgment debtor's wages are exempt without making a claim, the court shall terminate or modify the earnings withholding order, and shall order the return by a date certain of all of the judgment debtor's exempt wages. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, the court shall order the return by a date certain of any wages that were exempt without the need for a claim and that were garnished for up to 12 months preceding the date of the order on the claim of exemption. This paragraph does not limit a judge's authority to order, for good cause, the return of any exempt property taken more than 12 months preceding the date of the order on the claim of exemption.
(2)Where the judgment debtor's wages are exempt as the result of a claim of exemption, the court shall terminate or modify the earnings withholding order, and shall order the return by a date certain of all of the judgment debtor's exempt wages. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, the court shall order the return by a date certain any wages that the debtor has demonstrated would have been exempt by claim of exemption and that were garnished for up to six months preceding the date of the order on the claim of exemption. This paragraph does not limit a judge's authority to order, for good cause, the return of any exempt property taken more than six months preceding the date of the order on the claim of exemption.
(3)If the court determines that any amount withheld pursuant to the earnings withholding order should be paid to the judgment debtor, the court shall order the levying officer, judgment creditor, or other person, who is in possession of the property, to return the exempt property to the judgment debtor. A levying officer shall return the exempt property within 20 business days of receipt of notice of the order. A judgment creditor shall return the exempt property within 10 business days of entry of the order.
(h)If the earnings withholding order is terminated by the court, unless the court otherwise orders or unless there is a material change of circumstances since the time of the last prior hearing on the earnings withholding order, the judgment creditor may not apply for another earnings withholding order directed to the same employer with respect to the same judgment debtor for a period of 100 days following the date of service of the earnings withholding order or 60 days after the date of the termination of the order, whichever is later. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, the judgment creditor may not apply for another earnings withholding order directed to the same employer with respect to the same judgment debtor for a period of 100 days following the date of service of the earnings withholding order or 60 days after the date of the termination of the order, whichever is later.
(i)If an employer has withheld and paid over amounts pursuant to an earnings withholding order after the date of termination of the order but prior to the receipt of notice of its termination, the judgment debtor may recover those amounts only from the levying officer if the levying officer still holds those amounts or, if those amounts have been paid over to the judgment creditor, from the judgment creditor. If the employer has withheld amounts pursuant to an earnings withholding order after termination of the order but has not paid over those amounts to the levying officer, the employer shall pay those amounts to the judgment debtor within five business days of the end of the next pay period.
(j)An appeal lies from any court order under this section denying a claim of exemption or modifying or terminating an earnings withholding order. An appeal by the judgment creditor from an order modifying or terminating the earnings withholding order does not stay the order from which the appeal is taken. Notwithstanding the appeal, until the order modifying or terminating the earnings withholding order is set aside or modified, the order allowing the claim of exemption in whole or in part shall be given the same effect as if the appeal had not been taken.
(k)This section does not apply to a withholding order for support or a withholding order for taxes.
Plain-English Summary
This section is the engine behind California's financial-hardship exemption from wage garnishment. A debtor can invoke it under § 706.051 in one of two situations: no hearing has ever been held on this particular earnings withholding order, or circumstances have materially changed since the last hearing. Either way, the debtor files an original and a copy of the claim of exemption and the financial statement with the levying officer, not the court.
Filing sets off a countdown. The levying officer forwards copies of the claim and statement to the creditor along with a notice explaining the stakes: unless the creditor files a notice of opposition within 10 days, the order will be terminated or scaled back to match what the debtor claims is exempt. If the creditor lets that window close, the levying officer notifies the employer that the order is terminated or modified, no judge ever gets involved.
If the creditor does oppose, the fight moves to court. The creditor has to file a notice of motion within 10 days of the levying officer's mailing, and the hearing must happen within 30 days of that filing absent a good-cause continuance. Because delay can mean months of garnished wages the debtor may never see again, the statute lets a party seek an emergency stay of the garnishment when the judgment is for a personal debt and the court can't get to the hearing within 30 days.
Whichever way the hearing comes out, the statute is specific about the aftermath. A debtor who wins gets a return of wrongly withheld wages, going back up to 12 months for wages exempt without any claim at all, or up to six months for wages exempt because of the claim itself, when the underlying judgment is for a personal debt. A losing creditor can't reapply for a new order against the same employer and debtor for at least 100 days from service or 60 days from termination, whichever comes later. And either side can appeal, though an appealing creditor doesn't get to pause the exemption in the meantime.
Frequently Asked Questions
How does a debtor claim a financial hardship exemption from wage garnishment?
By filing an original and a copy of the judgment debtor's claim of exemption and financial statement with the levying officer, either because no hearing has been held on this order or because circumstances have materially changed since the last one.
What happens after the debtor files the claim of exemption?
The levying officer mails the creditor copies of the claim and statement along with notice that the order will be terminated or scaled back to the exempt amount unless the creditor files a notice of opposition within 10 days.
What if the creditor doesn't respond to the claim of exemption?
The levying officer notifies the employer that the order is terminated, if all earnings were claimed exempt, or sends a modified order reflecting the exempt amount, if only part was claimed.
How quickly does a contested exemption claim get to a hearing?
The creditor must file a notice of motion within 10 days of the levying officer's mailing, and the hearing must be held within 30 days of that filing unless the court continues it for good cause.
Can a debtor get back wages that were garnished before the exemption was granted?
Yes. For a personal-debt judgment, the court can order the return of wages exempt without a claim going back up to 12 months, or wages exempt because of the claim going back up to six months, and the property has to be returned within set business-day deadlines.
Amendment History
Amended by Stats 2025 ch 708 (AB 774),s 8, eff. 1/1/2026. Amended by Stats 2024 ch 514 (AB 2837),s 12, eff. 1/1/2025. Amended by Stats. 1998, Ch. 931, Sec. 94. Effective September 28, 1998.
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 financial hardship exemption californiahow to claim exemption from wage garnishmentclaim of exemption earnings withholding order