RulesofCivilProcedure.com Civil Procedure · Every State

§ 706.152.Employer's Failure to Pay Earnings Over to Levying Office With Intent to Defraud

Title 9. Enforcement of Judgments · Division 2 · Chapter 5. Wage Garnishment · Article 7. Administration and Enforcement · Enacted 1982 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 706.152 makes it a misdemeanor for an employer to withhold a debtor's earnings under this chapter and then, intending to defraud the creditor or the debtor, fail to pay those withheld earnings over to the levying officer.

Full Text of § 706.152

Text size

If an employer withholds earnings pursuant to this chapter and, with the intent to defraud either the judgment creditor or the judgment debtor, fails to pay such withheld earnings over to the levying officer, the employer is guilty of a misdemeanor.

Plain-English Summary

Withholding money from a paycheck under a garnishment order is only half the job; the employer also has to pay it over. This section makes deliberately failing at that second step a crime: if an employer withholds earnings under this chapter and, intending to defraud either the creditor or the debtor, keeps the money instead of forwarding it, the employer is guilty of a misdemeanor.

Intent to defraud is the key element. An employer who withholds correctly but misses the payment deadline through error or oversight hasn't committed the crime this section defines; that's a compliance failure addressed elsewhere, including through the civil remedy in § 706.154. This section targets the employer who takes the money and means to keep it from whoever it belongs to.

Frequently Asked Questions

Is it a crime for an employer to keep garnished wages instead of turning them over?

Yes, if the employer withholds the earnings and then fails to pay them over to the levying officer with intent to defraud the creditor or the debtor, that's a misdemeanor under § 706.152.

Does an honest mistake in sending garnished wages count as this crime?

No. Section 706.152 requires intent to defraud; an employer who errs or delays without that intent isn't guilty under this section, though civil remedies may still apply.

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: employer keeps garnished wages california crimewage garnishment fraud misdemeanor