The "notice to employee of earnings withholding order" shall contain a statement that informs the employee in simple terms of the nature of a wage garnishment, the right to an exemption, the procedure for claiming an exemption, and any other information the Judicial Council determines would be useful to the employee and appropriate for inclusion in the notice, including all of the following:
§ 706.122.Notice to Employee of Earnings Withholding Order
Title 9. Enforcement of Judgments · Division 2 · Chapter 5. Wage Garnishment · Article 6. Forms; Employer's Instructions · Last amended 2014 · Last verified July 28, 2026
In one sentenceSection 706.122 requires the notice given to the employee to explain wage garnishment in plain language, describe how withholding amounts are calculated, and tell the employee how to claim that a larger share of earnings is necessary for the support of the employee or the employee's family.
Full Text of § 706.122
(a) The named employer has been ordered to withhold from the earnings of the judgment debtor the amounts required to be withheld under Section 706.050, or such other amounts as are specified in the earnings withholding order, and to pay these amounts over to the levying officer for transmittal to the person specified in the order in payment of the judgment described in the order.
(c) The judgment debtor may be able to keep more or all of the judgment debtor's earnings if the judgment debtor proves that the additional earnings are necessary for the support of the judgment debtor or the judgment debtor's family supported in whole or in part by the judgment debtor.
(d) If the judgment debtor wishes a court hearing to prove that amounts should not be withheld from the judgment debtor's earnings because they are necessary for the support of the judgment debtor or the judgment debtor's family supported in whole or in part by the judgment debtor, the judgment debtor shall file with the levying officer an original and one copy of the "judgment debtor's claim of exemption" and an original and one copy of the "judgment debtor's financial statement."
Plain-English Summary
This is the document meant to reach an employee who may have no legal training and no warning that a paycheck is about to shrink. The statute requires it be written in simple terms, covering the nature of wage garnishment, the right to an exemption, and how to claim one.
Substantively, the notice has to tell the employee that the employer has been ordered to withhold the amount § 706.050 sets, or whatever different amount the order specifies, explain how that amount gets calculated, and tell the employee that more or all of the earnings might be protected if the employee can show they're necessary to support the employee or the employee's family.
If the employee wants that protection, the notice explains the mechanics: file an original and a copy of the judgment debtor's claim of exemption and financial statement with the levying officer to get a court hearing. That filing is what triggers the procedure § 706.105 governs in full.
Frequently Asked Questions
What must the notice to employee explain in plain language?
The nature of wage garnishment, the right to an exemption, and the procedure for claiming one, along with how the withheld amount is calculated.
How does an employee ask to keep more of their paycheck?
By filing an original and a copy of the judgment debtor's claim of exemption and financial statement with the levying officer, showing the additional earnings are necessary to support the employee or the employee's family.
Does the notice have to explain how the garnishment amount is figured?
Yes, § 706.122(b) requires the notice to describe the manner of computing the amounts withheld under § 706.050.
Amendment History
Amended by Stats 2013 ch 64 (SB 233),s 8, eff. 1/1/2014.
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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