The "earnings withholding order" shall include all of the following:
§ 706.125.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 706.125 lists everything the earnings withholding order itself must state, including the debtor's and employer's identifying information, the judgment's origin and amount, the elder-abuse disclosure, the withholding period and amount, and deadlines for the employer's return and delivery to the employee.
Full Text of § 706.125
(a) The name, address, and, if known, the social security number of the judgment debtor.
(b) The name and address of the employer to whom the order is directed.
(c) The court where the judgment was entered, the date the judgment was entered, and the name of the judgment creditor.
(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 the claim.
(e) The date of issuance of the 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) A description of the withholding period and an order to the employer to withhold from the earnings of the judgment debtor for each pay period the amount required to be withheld under Section 706.050 or the amount specified in the order subject to Section 706.024, as the case may be, for the pay periods ending during the withholding period.
(h) An order to the employer to pay over to the levying officer at a specified address the amount required to be withheld and paid over pursuant to the order in the manner and within the times provided by law.
(i) An order that the employer fill out the "employer's return" and return it by first-class mail, postage prepaid, to the levying officer at a specified address within 15 days after service of the earnings withholding order.
(j) An order that the employer deliver to the judgment debtor a copy of the earnings withholding order and the "notice to employee of earnings withholding order" within 10 days after service of the earnings withholding order; but, if the judgment debtor is no longer employed by the employer and the employer does not owe the employee any earnings, the employer is not required to make the delivery.
(k) The name and address of the levying officer.
Plain-English Summary
This section is the order's blueprint. It must identify the debtor and the employer, state the court and date of the underlying judgment and the creditor's name, and disclose whether the judgment involves elder or dependent adult financial abuse and how much of it does. It must also state the writ's issuance date and the total amount needed to satisfy the order, capped the same way the application is under § 706.121.
The operative commands follow. The order describes the withholding period and directs the employer to withhold, each pay period, the amount § 706.050 sets or whatever different amount the order specifies subject to § 706.024. It orders the employer to pay that amount over to the levying officer, to complete and mail the employer's return within 15 days, and to deliver a copy of the order and the notice to employee within 10 days, except when the debtor no longer works there and no further earnings are owed.
Finally, the order has to give the levying officer's name and address, so the employer and employee both know where documents, questions, and future filings need to go.
Frequently Asked Questions
What deadlines does the earnings withholding order itself set for the employer?
15 days to complete and mail the employer's return, and 10 days to deliver a copy of the order and the notice to employee to the employee.
Does the order state how much must be withheld each pay period?
Does the order disclose whether the judgment involves elder financial abuse?
Yes, § 706.125(d) requires that disclosure and, if applicable, how much of the judgment arises from that claim.
Amendment History
Amended by Stats 2010 ch 64 (AB 2619),s 4, 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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