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§ 706.121.Application For Issuance of Earnings Withholding Order

Title 9. Enforcement of Judgments · Division 2 · Chapter 5. Wage Garnishment · Article 6. Forms; Employer's Instructions · Last amended 2012 · Last verified July 28, 2026

In one sentenceSection 706.121 lists the sworn information a creditor's application for an earnings withholding order must contain, including the debtor's identifying information, the underlying judgment's court and date, the elder-financial-abuse status of the judgment, and the amount needed to satisfy the order.

Full Text of § 706.121

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h)

The "application for issuance of earnings withholding order" shall be executed under oath and shall include all of the following:
(a) The name, the last known address, and, if known, the social security number of the judgment debtor.
(b) The name and address of the judgment creditor.
(c) The court where the judgment was entered and the date the judgment was entered.
(d) Whether the judgment is based in whole or in part on a claim for elder or dependent adult financial abuse and, if in part, how much of the judgment arises from that claim.
(e) The date of issuance of a writ of execution to the county where the earnings withholding order is sought.
(f) The total amount required to satisfy the order on the date of issuance (which may not exceed the amount required to satisfy the writ of execution on the date of issuance of the order plus the levying officer's statutory fee for service of the order).
(g) The name and address of the employer to whom the order will be directed.
(h) The name and address of the person to whom the withheld money is to be paid by the levying officer.

Plain-English Summary

The application form ties an earnings withholding order back to the underlying judgment and spells out exactly what the creditor is asking for. It must identify the debtor by name, last known address, and Social Security number if known, along with the creditor's own name and address and the court and date where the judgment was entered.

Subdivision (d) requires disclosure of whether the judgment rests, in whole or part, on a claim for elder or dependent adult financial abuse, a flag that can matter for how the underlying debt is treated elsewhere in enforcement law. The application also has to state the writ's issuance date, the total amount needed to satisfy the order, capped at the amount owed on the writ plus the levying officer's fee, and the employer and payee to whom the order and withheld funds should go.

Frequently Asked Questions

What identifying information must the application include about the debtor?

The debtor's name, last known address, and Social Security number if known.

Does the application have to say whether the judgment involves elder financial abuse?

Yes. Section 706.121(d) requires disclosing whether the judgment is based in whole or part on an elder or dependent adult financial abuse claim, and how much of the judgment arises from it.

Is there a cap on the amount the application can seek?

Yes. The total may not exceed what's needed to satisfy the writ of execution on the date the order issues, plus the levying officer's statutory fee.

Amendment History

Amended by Stats 2010 ch 64 (AB 2619),s 3, 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
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