The "judgment debtor's claim of exemption" shall be executed under oath. The claim of exemption shall indicate how much the judgment debtor believes should be withheld from the judgment debtor's earnings each pay period by the employer pursuant to the earnings withholding order and shall state the judgment debtor's present mailing address.
§ 706.123.Judgment Debtor's Claim of Exemption
Title 9. Enforcement of Judgments · Division 2 · Chapter 5. Wage Garnishment · Article 6. Forms; Employer's Instructions · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 706.123 requires the judgment debtor's claim of exemption to be sworn, to state how much the debtor believes should be withheld from earnings each pay period, and to give the debtor's current mailing address.
Full Text of § 706.123
Plain-English Summary
This is the form a debtor files to start the exemption process. It has to be executed under oath, and it needs two pieces of substantive content: how much the debtor believes the employer should withhold each pay period under the order, and where the debtor currently receives mail.
That mailing address matters beyond bureaucratic tidiness; it's the address the levying officer and creditor use to serve later notices, including the notice of hearing if the creditor opposes the claim under § 706.105.
Frequently Asked Questions
Does the claim of exemption have to be notarized or sworn?
Yes. Section 706.123 requires it be executed under oath.
What must the claim of exemption say about the withholding amount?
How much the debtor believes should be withheld from earnings each pay period under the earnings withholding order.
Why does the form ask for a current mailing address?
Because that address is where later notices, including any hearing notice under § 706.105, get served on the debtor.
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: judgment debtor's claim of exemption form california