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SHC-CPJ-04 (Rev. 09/01/2020)
Please visit our Self-Help Portal at: https://selfhelp.occourts.org
LamoreauxJusticeCenter
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oom107,Self‐HelpWindow
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tralJusticeCenter
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viceCenter
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oom355
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st
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SUPERIOR COURT OF CALIFORNIA
COUNTY
OF ORANGE
SELF-HELP CENTER
www.occourts.org/self-help
WAGE GARNISHMENT
The Self-Help Center provides a free document review
service. To obtain an appointment to have your documents
reviewed, you must first fully complete the forms.
Pleaseuseblackink.
Self-Help Center Locations:
INFORMATION SHEET FOR CALCULATING INTEREST
AND AMOUNT OWED ON A JUDGMENT
Under California law, the amount recoverable by a judgment creditor includes:
Costs After Judgment
A judgment creditor is entitled to reimbursement for the “reasonable and necessary” costs of enforcing a judgment. These
costs must be reported to the court within two years of the date incurred. The judgment amount includes costs ordered by
the court after the judgment. (For information on recovering costs and a detailed list of costs that can be recovered see
Code of Civil Procedure sections 685.040, 685.050 et seq., 685.070(b), and 685.090; see also “Requesting Costs and
Interest” below).
Crediting Payments Received
MC-013-INFO
Form Approved for Optional Use
Judicial Council of California
MC-013-INFO [New January 1, 2018]
INFORMATION SHEET FOR CALCULATING INTEREST
AND AMOUNT OWED ON A JUDGMENT
MC-013-INFO
Page 1 of 2
The total amount of the judgment entered by the court (principal), plus costs;
What can the judgment creditor recover?
Accrued Interest (See Code Civ. Proc., §§ 685.010, 685.020(a), and Cal. Const., art. XV, § 1.)
Interest accrues on an unpaid judgment amount at the legal rate of 10% per year (7% if the judgment debtor is a state or
local government entity) generally from the date of entry of the judgment. Interest begins to accrue on the amount of costs
added to a judgment from the date ordered by the court or from the date costs are allowed following expiration of the time
to object. (Code Civ. Proc., § 685.070(d).) Also, upon renewal of a judgment, interest begins to accrue on the day the
renewed judgment is entered. If the judgment is payable in installments, interest accrues from the date each installment is
due.
Any payments received by the judgment creditor must be “credited” in a specific order. (Code Civ. Proc., § 695.220.)
After specific costs go directly to the levying officer and to the court for fees, the judgment creditor is required to credit
payments received first toward accrued interest and then toward the judgment principal (including costs approved by the
court after entry of the judgment).
Calculation of Interest on Judgment and Amount Due
Following are various formulas and examples to assist with the calculation of interest on a judgment using a 10% interest
rate:
Calculating Daily Interest on a Judgment Using 10% Interest Rate
Following is the formula for figuring out the amount of interest earned per day on a judgment.
Formula: Total amount of judgment owed x 10% (or 0.10) = interest earned per year.
Divide that number by 365 = daily interest earned.
Example: Judgment debtor owes the judgment creditor $5,000 (the “judgment principal”).
$5,000 x 0.10 = $500
$500/365 = $1.37 daily interest
The amount of interest earned will be $1.37 per day as long as the unpaid amount remains $5,000.
Calculating the Total Amount Due, Including Interest, on the date of payment
Step 1: Calculate the amount of interest owed on the date of payment. This amount will equal the daily interest rate
calculated above, multiplied by the number of days since the court entered the final judgment.
Figure out the total number of days that have passed since the court entered the final judgment up to the day of
payment.
Multiply the total days by the amount of daily interest. The result is the amount of interest owing on the day of
payment.
Costs after judgment under Code of Civil Procedure section 685.070; and
Requesting Costs and Interest
To have costs and interest added to the enforceable amount owed, the judgment creditor must file and serve a
Memorandum of Costs After Judgment (form MC-012). On this form, the judgment creditor must include the exact
amount of all costs and accrued interest. This means the judgment creditor is responsible for calculating the amount of
interest that accrues on the judgment. It is useful to update this calculation after receiving payments.
Accrued interest on the total amount.
1.
2.
MC-013-INFO [New January 1, 2018]
Page 2 of 2
MC-013-INFO
INFORMATION SHEET FOR CALCULATING INTEREST
AND AMOUNT OWED ON A JUDGMENT
The judgment debtor owes $137 in interest on the principal of $5,000 on the date of payment.
Step 2: Add the amount of interest that has accrued to the amount of the judgment.
$5,000 judgment amount + $137 interest = $5,137.
The judgment debtor owes a total of $5,137 on the 100th day after the court entered the judgment.
Crediting Partial Payments and Recalculating the Amount Due
If the judgment debtor does not pay all that is owed at one time, the partial payments the debtor makes are credited
to the interest first and then to the judgment amount (the principal) owed.
Example: Judgment principal of $5,000.
Step 1: Calculate the amount of interest owed on the date of payment
Following the above example: $1.37 per day x 200 days. After 200 days, $274 in interest will have accrued
on the $5,000 judgment (200 days x $1.37 per day).
Step 2: Apply payment to interest
The debtor paid $1,000, which must first be used to credit the $274 of accrued interest.
That leaves a balance of $726 to be credited toward the $5,000 principal ($1,000 - $274 = $726).
Step 3: Apply remainder to principal
The remaining credit of $726 is applied to the $5,000 judgment principal ($5,000 - $726 = $4,274).
The judgment debtor now owes $4,274 on the judgment principal.
Step 4: Calculate the new daily interest rate
Daily interest would then accrue at a rate of $1.17/day.
$4,274 x 10% = $427.40 interest earned per year.
$427.40/365 = $1.17 interest earned per day.
The amount of interest that accrues in the next 100 days:
100 days x $1.17 = $117.
The new daily interest would then accrue on the principal going forward at a rate of $1.07/day:
$3,891 x 10% = $389.10/365.
Example: Assume a $5,000 judgment was entered on June 1 and paid on September 8; 100 days from the entry of
the judgment have passed.
The daily interest is $1.37 (see above calculation).
$1.37 per day x 100 days = $137 interest owed on the date of payment.
First Payment: After 200 days, the judgment debtor pays $1,000
Second Payment: After 100 days, a payment of $500 is made (calculate using steps 1–4)
1.
2.
3.
The credit of $383 is then subtracted from the judgment principal of $4,274, leaving an unpaid balance of
$3,891.
The payment of $500 must first be credited towards the interest of $117, leaving a balance of $383 to be
credited against the principal ($500 - $117 = $383).
4.
Form Adopted for Mandatory Use
Judicial Council of California
MC-012 [Rev. September 1, 2018]
MEMORANDUM OF COSTS AFTER JUDGMENT,
ACKNOWLEDGMENT OF CREDIT, AND DECLARATION
OF ACCRUED INTEREST
Code of Civil Procedure,
§§ 685.040, 685.070, 695.220
www.courts.ca.gov
Page 1 of 2
ATTORNEY OR PARTY WITHOUT ATTORNEY
STATE BAR NUMBER:
NAME:
FIRM NAME:
STREET ADDRESS:
CITY: STATE: ZIP CODE:
TELEPHONE NO.: FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF:
DEFENDANT:
MEMORANDUM OF COSTS AFTER JUDGMENT, ACKNOWLEDGMENT OF
CREDIT, AND DECLARATION OF ACCRUED INTEREST
FOR COURT USE ONLY
CASE NUMBER:
MC-012
Accrued interest remaining due: I declare interest accruing (at the legal rate) from the date of entry or renewal and on
balances from the date of any partial satisfactions (or other credits reducing the principal) remaining due in the amount
of .
NOTICE TO THE JUDGMENT DEBTOR
If this memorandum of costs is filed at the same time as an application for a writ of execution, any statutory costs, not exceeding
$100 in aggregate and not already allowed by the court, may be included in the writ of execution. The fees sought under this
memorandum may be disallowed by the court upon a motion to tax filed by the debtor, notwithstanding the fees having been
included in the writ of execution. (Code Civ. Proc., § 685.070(e).) A motion to tax costs claimed in this memorandum must be filed
within 10 days after service of the memorandum. (Code Civ. Proc., § 685.070(c).)
I claim the following costs after judgment incurred within the last two years (indicate if there are multiple items in any category):
All previously allowed postjudgment costsb.
I acknowledge total payments to date in the amount of: (including returns on levy process and direct payments).
The payments received are applied first to the amount of accrued interest, and then to the judgment principal (including
postjudgment costs allowed) as follows: credit to accrued interest: ; credit to judgment principal .
$
$
$
1.
a.
Amount
Dates Incurred
$
$
$
Approved fee on application for order for appearance of judgment
debtor, or other approved costs under Code Civ. Proc., § 708.110
et seq.
$
$
$
Total of all postjudgment costs (add items a and b)
c. $
Preparing and issuing abstract of judgment
Recording and indexing abstract of judgment
Filing notice of judgment lien on personal property
Issuing writ of execution, to extent not satisfied by Code Civ. Proc.,
§ 685.050
Levying officers fees, to extent not satisfied by Code Civ. Proc.,
§ 685.050 or wage garnishment
(1)
(2)
(3)
(4)
(5)
(specify county):
Attorney fees, if allowed by Code Civ. Proc., § 685.040
(6)
(7)
(8)
Total of claimed costs for current memorandum of costs (add items (1)–(8))
(9)
Other:
$
$
(Statute authorizing cost):
2.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
(SIGNATURE OF DECLARANT)
Date:
(TYPE OR PRINT NAME)
Principal remaining due: The amount of judgment principal remaining due is . (See Code Civ. Proc., § 680.300)
b.
$
3.
I am the:4.
$
judgment creditor agent for the judgment creditor attorney for the judgment creditor.
I have knowledge of the facts concerning the costs claimed above. To the best of my knowledge and belief, the costs claimed are
correct, reasonable, and necessary, and have not been satisfied.
$
$
Postjudgment costs
a.
Credits to interest and principal
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
MC-012 [Rev. September 1, 2018]
Page 2 of 2
MEMORANDUM OF COSTS AFTER JUDGMENT,
ACKNOWLEDGMENT OF CREDIT, AND DECLARATION
OF ACCRUED INTEREST
(SIGNATURE OF DECLARANT)
Date:
(TYPE OR PRINT NAME)
CASE NUMBER:
Short Title:
PROOF OF SERVICE
1.
3.
I mailed or personally delivered a copy of the Memorandum of Costs After Judgment, Acknowledgment of Credit, and
My residence or business address is:
At the time of service I was at least 18 years of age and not a party to this legal action.
Declaration of Accrued Interest as follows (complete either a or b):
a.
Mail. I am a resident of or employed in the county where the mail occurred.
(1) I enclosed a copy in an envelope AND
(a)
deposited the sealed envelope with the United States Postal Service with the postage fully prepaid.
(b)
placed the envelope for collection and mailing on the date and at the place shown in items below following our
ordinary business practices. I am readily familiar with this business's practice for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is
deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with
postage fully prepaid.
(2) The envelope was addressed and mailed as follows:
(b)
(c)
Address on envelope:
Name of person served:(a)
Date of mailing:
(d)
Place of mailing (city and state):
(2)
(3)
Address where delivered:
Name of person served:(1)
Date delivered:
(4) Time delivered:
b.
Personal delivery. I personally delivered a copy as follows.
2.
Mail
Personal Service
MC-012
Form Approved for Optional Use
Judicial Council of California
EJ-130 [Rev. September 1, 2020]
1.
You are directed to enforce the judgment described below with daily interest and your costs as provided by law.
2.
To any registered process server: You are authorized to serve this writ only in accordance with CCP 699.080 or CCP 715.040.
is the
9. Writ of Possession/Writ of Sale information on next page.
10.
Total judgment (as entered or renewed)
Costs after judgment (CCP 685.090)
5.
Fee for issuance of writ (per GC 70626(a)(l))
6.
TotaI amount due (add 15, 16, and 17)
Levying officer:
7. Notice of sale under this writ:
a.
b.
8.
[SEAL]
20.
Clerk, by
, Deputy
NOTICE TO PERSON SERVED: SEE PAGE 3 FOR IMPORTANT INFORMATION.
Page 1 of 3
WRIT OF EXECUTION
Code of Civil Procedure, §§ 699.520, 712.010, 715.010
Government Code, § 6103.5
www.courts.ca.gov
Add daily interest from date of writ (at
the legal rate on 15) (not on
GC 6103.5 fees) . . . . . . . . . . . . . . . .
3.
4.
To the Sheriff or Marshal of the County of:
(Name):
original judgment creditor assignee of record
Additional judgment debtors on next page
Judgment renewed on
(dates):
has not been requested.
has been requested (see next page).
Joint debtor information on next page.
This writ is issued on a sister-state judgment.
$
The amounts called for in items 11–19 are different for each
debtor. These amounts are stated for each debtor on
Attachment 20.
EJ-130
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
BRANCH NAME:
CITY AND ZIP CODE:
STREET ADDRESS:
MAILING ADDRESS:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
FOR COURT USE ONLY
CASE NUMBER:
WRIT OF
EXECUTION (Money Judgment)
Personal Property
Real Property
POSSESSION OF
SALE
ATTORNEY OR PARTY WITHOUT ATTORNEY:
STATE: ZIP CODE:CITY:
STREET ADDRESS:
FIRM NAME:
NAME:
STATE BAR NO.:
TELEPHONE NO.: FAX NO.:
EMAIL ADDRESS:
ATTORNEY FOR (name):
ATTORNEY FOR
ORIGINAL JUDGMENT CREDITOR ASSIGNEE OF RECORD
Limited Civil Case
Unlimited Civil Case
(including Small Claims)
(including Family and Probate)
Judgment entered on (date):
whose address is shown on this form above the court’s name.
Judgment debtor (name, type of legal entity if not a
natural person, and last known address):
11.
12.
$
16.
17.
14.
$
$
18.
19.
a.
$
Credits to principal (after credit to interest)
$
Subtotal (add 11 and 12)
13.
$
Principal remaining due (subtract 14 from 13)
15.
$
Pay directly to court costs included in
11 and 17 (GC 6103.5, 68637;
CCP 699.520(j)) . . . . . . . . . . . . . . . .
b.
$
Accrued interest remaining due per
CCP 685.050(b) (not on GC 6103.5 fees)
For items 11–17, see form MC-012 and form MC-013-INFO.
$
(See type of judgment in item 22.)
Date:
23.
24.
c.
Page 2 of 3
WRIT OF EXECUTION
EJ-130
CASE NUMBER:
Defendant/Respondent:
Plaintiff/Petitioner:
name, type of legal entity if not a natural person, and
last known address of joint debtor:
a.
b. name, type of legal entity if not a natural person, and
last known address of joint debtor:
b.
a.
EJ-130 [Rev. September 1, 2020]
The judgment is for (check one):
22.
a.
b.
wages owed.
child support or spousal support.
other.
c.
Item 25 continued on next page
21.
Additional judgment debtor(s) (name, type of legal entity if not a natural person, and last known address):
Notice of sale has been requested by (name and address):
Joint debtor was declared bound by the judgment (CCP 989-994)
on (date):
on (date):
Additional costs against certain joint debtors are itemized: below on Attachment 24c.
25.
a.
(a)
(date):
The court will hear objections to enforcement of the judgment under CCP 1174.3 on the following dates (specify):
(b)
$The daily rental value on the date the complaint was filed was
(4)
If the unlawful detainer resulted from a foreclosure (item 25a(3)), or if the Prejudgment Claim of Right to Possession was
not served in compliance with CCP 415.46 (item 25a(2)), answer the following:
(Check (1) or (2). Check (3) if applicable. Complete (4) if (2) or (3) have been checked.)
(Writ of Possession or Writ of Sale) Judgment was entered for the following:
The Prejudgment Claim of Right to Possession was served in compliance with CCP 415.46. The
judgment includes all tenants, subtenants, named claimants, and other occupants of the premises.
The Prejudgment Claim of Right to Possession was NOT served in compliance with CCP 415.46.
The unlawful detainer resulted from a foreclosure sale of a rental housing unit. (An occupant not named in the
judgment may file a Claim of Right to Possession at any time up to and including the time the levying officer returns
to effect eviction, regardless of whether a Prejudgment Claim of Right to Possession was served.) (See CCP
415.46 and 1174.3(a)(2).)
(1)
(2)
(3)
Possession of real property: The complaint was filed on
EJ-130
CASE NUMBER:
Plaintiff/Petitioner:
Defendant/Respondent:
NOTICE TO PERSON SERVED
WRIT OF EXECUTION OR SALE. Your rights and duties are indicated on the accompanying Notice of Levy (form EJ-150).
WRIT OF POSSESSION OF PERSONAL PROPERTY. If the levying officer is not able to take custody of the property, the levying
officer will demand that you turn over the property. If custody is not obtained following demand, the judgment may be enforced as a
money judgment for the value of the property specified in the judgment or in a supplemental order.
WRIT OF POSSESSION OF REAL PROPERTY. If the premises are not vacated within five days after the date of service on the
occupant or, if service is by posting, within five days after service on you, the levying officer will remove the occupants from the real
property and place the judgment creditor in possession of the property. Except for a mobile home, personal property remaining on the
premises will be sold or otherwise disposed of in accordance with CCP 1174 unless you or the owner of the property pays the
judgment creditor the reasonable cost of storage and takes possession of the personal property not later than 15 days after the time
the judgment creditor takes possession of the premises.
EXCEPTION IF RENTAL HOUSING UNIT WAS FORECLOSED. If the residential property that you are renting was sold in a
foreclosure, you have additional time before you must vacate the premises. If you have a lease for a fixed term, such as for a year, you
may remain in the property until the term is up. If you have a periodic lease or tenancy, such as from month-to-month, you may remain
in the property for 90 days after receiving a notice to quit. A blank form Claim of Right to Possession and Notice of Hearing (form
CP10) accompanies this writ. You may claim your right to remain on the property by filling it out and giving it to the sheriff or levying
officer.
EXCEPTION IF YOU WERE NOT SERVED WITH A FORM CALLED PREJUDGMENT CLAIM OF RIGHT TO POSSESSION. If you
were not named in the judgment for possession and you occupied the premises on the date on which the unlawful detainer case was
filed, you may object to the enforcement of the judgment against you. You must complete the form Claim of Right to Possession and
Notice of Hearing (form CP10) and give it to the sheriff or levying officer. A blank form accompanies this writ. You have this right
whether or not the property you are renting was sold in a foreclosure.
EJ-130 [Rev. September 1, 2020]
Page 3 of 3
WRIT OF EXECUTION
The property is described
e.
below on Attachment 25e.
b.
c.
d.
25.
Possession of personal property.
If delivery cannot be had, then for the value (itemize in 25e) specified in the judgment or supplemental order.
Sale of personal property.
Sale of real property.
LEVYING OFFICER (Name and Address):
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
ATTORNEY FOR (Name):
:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
APPLICATION FOR EARNINGS WITHHOLDING ORDER
(Wage Garnishment)
TO THE SHERIFF OR ANY MARSHAL OR CONSTABLE OF THE COUNTY OF:
OR ANY REGISTERED PROCESS SERVER
The judgment creditor (name):
issuance of an Earnings Withholding Order directing the employer to withhold the earnings of the judgment debtor (employee).
Name and address of employee
The amounts withheld are to be paid to
a. The attorney (or party without an attorney)
named at the top of this page.
b. Other (name, address, and telephone):
Judgment was entered on (date):
Collect the amount directed by the Writ of Execution unless a lesser amount is specified here: $
The Writ of Execution was issued to collect delinquent amounts payable for the support of a child, former spouse, or
spouse of the employee.
Check any that apply:
The Writ of Execution was issued to collect a judgment based entirely on a claim for elder or dependent adult financial
abuse.
a.
I have not previously obtained an order directing this employer to withhold the earnings of this employee.
OR
b.
I have previously obtained such an order, but that order (check one):
was terminated by a court order, but I am entitled to apply for another Earnings Withholding Order under
the provisions of Code of Civil Procedure section 706.105(h).
(TYPE OR PRINT NAME)
(SIGNATURE OF ATTORNEY OR PARTY WITHOUT ATTORNEY)
Date:
(SIGNATURE OF DECLARANT)(TYPE OR PRINT NAME)
Code Civ. Procedure, § 706.121
APPLICATION FOR EARNINGS WITHHOLDING ORDER
(Wage Garnishment)
Name and address of employer
Check a or b:
was ineffective.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Form Adopted for Mandatory Use
Judicial Council of California
WG-001 [Rev. January 1, 2012]
WG-001
Page 1 of 1
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
E-MAIL ADDRESS:
TELEPHONE NO.:
FAX NO.:
5.
Special instructions (specify):
Social Security no.
unknown on form WG-035
b.
The Writ of Execution was issued to collect a judgment based in part on a claim for elder or dependent adult financial abuse.
c.
The amount that arises from the claim for elder or dependent adult financial abuse is (state amount): $
www.courts.ca.gov
a.
requests
LEVYING OFFICER FILE NUMBER:
COURT CASE NUMBER:
2.
1.
3. a.
b.
4.
6.
Code of Civil Procedure, §§ 706.022, 706.108, 706.125
www.courts.ca.gov
EARNINGS WITHHOLDING ORDER
(Wage Garnishment)
Form Adopted for Mandatory Use
Judicial Council of California
WG-002 [Rev. July 1, 2016]
Page 1 of 2
(Employer's Instructions on reverse)
(SIGNATURE)
(TYPE OR PRINT NAME)
Date:
The INSTRUCTIONS TO EMPLOYER on the reverse tell you how much of the employee's earnings to withhold each payday and
answer other questions you may have.
3.
2.
Social Security No. on form WG-035 unknown
4.
The judgment creditor (if different from the plaintiff) is (name):
The judgment was entered in the court on (date):
Continue withholding for all pay periods until you withhold the amount due. The levying officer will notify you of an assessment you
should withhold in addition to the amount due. Do not withhold more than the total of these amounts. Never withhold any earnings
payable before the beginning of the earnings withholding period.
Count 10 calendar days from the date when you received this order. If your employee's pay period ends before the 10th day, do
not withhold earnings payable for that pay period. Do withhold from earnings that are payable for any pay period ending on or after
that 10th day.
The total amount due is: $
Complete both copies of the form Employer's Return (form WG-005) and mail them to the levying officer within 15 days
after receiving this order, whether or not the employee works for you.
If the employee works for you now, you must give the employee a copy of this order and the Employee Instructions (form
WG-003) within 10 days after receiving this order.
A judgment creditor has obtained this order to collect a court judgment against your employee. You are directed to withhold part of
the earnings of the employee (see instructions on reverse of this form). Pay the withheld sums to the levying officer (name and
address above).
1.
TO THE EMPLOYER REGARDING YOUR EMPLOYEE:
Date this order was received by employer (specify the date of personal delivery by levying officer
or registered process server or the date mail receipt was signed):
EMPLOYER: Enter the following date to assist your recordkeeping.
/(9<,1*2)),&(5 5(*,67(5('352&(666(59(5
Name and address of employer Name and address of employee
EMPLEADO: GUARDE ESTE PAPEL OFICIAL.EMPLOYEE: KEEP YOUR COPY OF THIS LEGAL PAPER.
LEVYING OFFICER FILE NO.:
EARNINGS WITHHOLDING ORDER
(Wage Garnishment)
COURT CASE NO.:
LEVYING OFFICER (Name and address):
WG-002
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
BRANCH NAME:
CITY AND ZIP CODE:
STREET ADDRESS:
MAILING ADDRESS:
ATTORNEY OR PARTY WITHOUT ATTORNEY:
STATE: ZIP CODE:CITY:
STREET ADDRESS:
FIRM NAME:
NAME:
STATE BAR NO.:
TELEPHONE NO.: FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
Oran
g
e
THESE COMPUTATION INSTRUCTIONS APPLY UNDER NORMAL
CIRCUMSTANCES. THEY DO NOT APPLY TO ORDERS FOR THE
SUPPORT OF A SPOUSE, FORMER SPOUSE, OR CHILD.
California law provides how much earnings to withhold, if any, for different
amounts of disposable earnings and different pay periods, and takes into
consideration different minimum wage amounts. The method of calculation
is at Code of Civil Procedure section 706.050 and is described in the
column to the right. You may also look on the California Courts Self-Help
website for assistance in determining the maximum withholding amounts
for different amounts of disposable income, for different pay periods, and
with different minimum wage amounts. The information is at
www.courts.ca.gov/self-help-employerwagecivil.htm.
Page 2 of 2
EARNINGS WITHHOLDING ORDER
(Wage Garnishment)
WG-002 [Rev. July 1, 2016]
The Federal Wage Garnishment Law and federal rules provide the basic
protections on which the California law is based. Inquiries about the
federal law will be answered by mail, telephone, or personal interview at
any office of the Wage and Hour Division of the U.S. Department of Labor.
Offices are listed in the telephone directory under the U.S. Department of
Labor in the U.S. Government listing.
The garnishment law is contained in the Code of Civil Procedure
beginning with section 706.010. Sections 706.022, 706.025, 706.050, and
706.104 explain the employer's duties.
WHAT IF YOU STILL HAVE QUESTIONS?
Be sure to mark each check with the case number, the levying officer's file
number, if different, and the employee's name so the money will be
applied to the correct account.
Occasionally, the employee's earnings will also be subject to a Wage
and Earnings Assignment Order, an order available from family law
courts for child, spousal, or family support. The amount required to be
withheld for that order should be deducted from the amount to be
withheld for this order.
The amounts withheld during the withholding period must be paid to the
levying officer by the 15th of the next month after each payday. If you wish
to pay more frequently than monthly, each payment must be made within
10 days after the close of the pay period.
WHAT TO DO WITH THE MONEY
(B) After the employee's disposable earnings are known, to determine
what amount should be withheld, you may look to the statute, follow the
directions below in (C), or seek assistance on the California Courts Self-
Help website at www.courts.ca.gov/self-help-employerwagecivil.htm.
Note that you also need to know the amount of the minimum wage in the
location where the employee works.
If the employee stops working for you, the Earnings Withholding Order
ends after no amounts are withheld for a continuous 180-day period. If
withholding ends because the earnings are subject to an order of higher
priority, the Earnings Withholding Order ends after a continuous two-year
period during which no amounts are withheld under the order. Return the
Earnings Withholding Order to the levying officer with a statement of
the reason it is being returned.
The Employer's Return (form WG-005) describes several situations that
could affect the withholding period for this order. If you receive more than
one Earnings Withholding Order during a withholding period, review that
form (Employer's Return) for instructions.
Disposable earnings are the earnings left after subtracting the part of the
earnings a state or federal law requires an employer to withhold. Generally
these required deductions are (1) federal income tax, (2) federal social
security, (3) state income tax, (4) state disability insurance, and
(5) payments to public employee retirement systems. Disposable earnings
will change when the required deductions change.
You are entitled to rely on and must obey all written notices signed by the
levying officer.
Earnings include any money (whether called wages, salary,
commissions, bonuses, or anything else) that is paid by an employer to an
employee for personal services. Vacation or sick pay is subject to
withholding as it is received by the employee. Tips are generally not
included as earnings because they are not paid by the employer.
It may end sooner if (1) you receive a written notice signed by the
levying officer specifying an earlier termination date, or (2) an order of
higher priority (explained on the reverse of the Employer's Return (form
WG-005) is received.
(A) To determine the CORRECT AMOUNT OF EARNINGS TO BE WITH-
HELD (if any), first compute the employee's disposable earnings.
The withholding period is the period covered by the Earnings With-
holding Order (this order). The withholding period begins 10 calendar days
after you receive the order and continues until the total amount due, plus
additional amounts for costs and interest (which will be listed in a levying
officer's notice), is withheld.
State law limits the amount of earnings that can be withheld. The
limitations are based on the employee's disposable earnings, which are
different from gross pay or take-home pay.
Your other duties are TO WITHHOLD THE CORRECT AMOUNT OF
EARNINGS (if any) and PAY IT TO THE LEVYING OFFICER during the
withholding period.
COMPUTATION INSTRUCTIONS
The instructions in paragraph 1 on the reverse of this form describe your
early duties to provide information to your employee and the levying
officer.
WG-002
INSTRUCTIONS TO EMPLOYER ON
EARNINGS WITHHOLDING ORDERS
(C) Calculate the maximum amount that may be withheld from the
employee's disposable earnings, which is the lesser of the following two
amounts:
• 25 percent of disposable earnings for that week; or
• 50 percent of the amount by which the employee's disposable
earnings that week exceed the applicable minimum wage. If there is a
local minimum wage in effect in the location where the employee works
that exceeds the state minimum wage at the time the earnings are
payable, the local minimum wage is the applicable minimum wage.
To calculate the correct amount, follow the steps below:
Step 1: Determine the applicable minimum wage per pay period.
• For a daily or weekly pay period, multiply the applicable hourly
minimum wage by 40.
• For a biweekly pay period, multiply the applicable hourly minimum
wage by 80.
• For a semimonthly pay period, multiply the applicable hourly
minimum wage by 86 2/3.
• For a monthly pay period, multiply the applicable hourly minimum
wage by 173 1/3.
Step 2: Subtract the amount from Step 1 from the employee's disposable
earnings during that pay period.
Step 3: If the amount from Step 2 is less than zero, do not withhold any
money from the employee's earnings.
Step 4: If the amount from Step 2 is greater than zero, multiply that
amount by one-half.
Step 5: If the amount from Step 4 is lower than 25 percent of the
employee's disposable earnings, withhold this amount. If it is greater than
25 percent of the employee's disposable earnings, withhold 25 percent of
the disposable earnings.
IF YOU VIOLATE ANY OF THESE LAWS YOU MAY BE HELD LIABLE TO PAY CIVIL DAMAGES AND YOU MAY BE SUBJECT TO CRIMINAL
PROSECUTION!
IT IS ILLEGAL NOT TO PAY AMOUNTS WITHHELD FOR THE EARNINGS WITHHOLDING ORDER TO THE LEVYING OFFICER. Your duty is
to pay the money to the levying officer who will pay the money in accordance with the law that applies to this case.
IT IS ILLEGAL TO AVOID AN EARNINGS WITHHOLDING ORDER BY POSTPONING OR ADVANCING THE PAYMENT OF EARNINGS. The
employee's pay period must not be changed to prevent the order from taking effect.
2.
IT IS AGAINST THE LAW TO FIRE THE EMPLOYEE BECAUSE OF EARNINGS WITHHOLDING ORDERS FOR THE PAYMENT OF ONLY ONE
INDEBTEDNESS. No matter how many orders you receive, so long as they all relate to a single indebtedness (no matter how many debts are
represented in that judgment), the employee may not be fired.
1.
IMPORTANT WARNINGS
3.
(Insert name above)
I received the Earnings Withholding Order on
The employee is
a.
b.
The employee's pay period is
a. b. c.
e.d.
(IF YOU HAVE RECEIVED NO OTHER ORDERS THAT PRESENTLY AFFECT THIS EMPLOYEE'S EARNINGS, OMIT ITEMS 4, 5
AND 6, AND PROCEED TO THE DECLARATION AT THE END OF THIS FORM.)
(Continued on reverse)
EMPLOYER'S RETURN
(Wage Garnishment)
Form Adopted for Mandatory Use
Judicial Council of California
WG-005 [Rev. September 1, 2017]
Code of Civil Procedure, § 706.126
www.courts.ca.gov
Page 1 of 2
Social Security No.
The Federal Wage Garnishment Law and federal rules provide the basic protections on which the California law is based.
EMPLOYER: You must complete both copies of this form and mail them to the levying officer within 15 days.
Please correct any errors in the mailing information below and provide any missing information, including the
name of the person to whom notices should be directed.
FAILURE TO COMPLETE AND RETURN THESE FORMS MAY SUBJECT YOU TO PAYMENT OF ATTORNEY FEES
AND OTHER CIVIL PENALTIES.
Attn:
(date):
$
now employed by this employer and in the last pay period had gross earnings of:
(specify):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
BRANCH NAME:
CITY AND ZIP CODE:
STREET ADDRESS:
MAILING ADDRESS:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
LEVYING OFFICER (name and address):
LEVYING OFFICER FILE NUMBER:
COURT CASE NUMBER:
EMPLOYER'S RETURN
(Wage Garnishment)
ATTORNEY OR PARTY WITHOUT ATTORNEY
STATE: ZIP CODE:CITY:
STREET ADDRESS:
FIRM NAME:
NAME:
TELEPHONE NO.: FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
STATE BAR NUMBER:
WG-005
Name and address of employer Name and address of employee
on form WG-035 unknown
1.
2.
not employed by this employer (if not employed, omit items 2b through 6 and proceed to the declaration at the end of this
form).
3.
daily weekly every two weeks
twice a month monthly otherf.
If you have received other orders that presently affect this employee's earnings, another order may have priority over this
one. The following list indicates the priority of orders:
Wage and Earnings Assignment Order (for Support)
First priority
Second priorityEarnings Withholding Order for Support
Third priorityEarnings Withholding Order for Taxes
Fourth priority
Earnings Withholding Order
If two or more orders have the same priority, comply with the one received first. If both were received on the same date,
comply with the one with the earlier date of judgment. If the dates of judgment are the same, you may select which order you
choose to comply with.
4.
5.
a.
b.
c.
d.
6.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
(SIGNATURE OF DECLARANT)
If an Earnings Withholding Order is not effective when served, for any reason, do not hold it. Return it to the levying officer
with this return.
FAILURE TO COMPLETE AND RETURN THIS FORM MAY SUBJECT AN EMPLOYER TO CIVIL PENALTIES
AND ATTORNEY FEES.
EMPLOYER'S RETURN
(Wage Garnishment)
WG-005 [Rev. September 1, 2017] Page 2 of 2
Earnings Withholding Order for Elder or Dependent Adult Financial Abuse
Fifth priority
Court name, address, and case number:
Total amount to be withheld: $
Date:
(TYPE OR PRINT NAME)
COURT CASE NUMBER:SHORT TITLE:
WG-005
LEVYING OFFICER FILE NUMBER:
This order appears to have higher priority than any other order. Earnings will be withheld for this order in accord with the
EMPLOYER'S INSTRUCTIONS (on reverse of Earnings Withholding Order).
The employer has received another order affecting the employee's earnings and earnings are being withheld for the other
order because:
The other order was received on (date):
The other order was received first.
This order does not have higher priority.
A copy of the other order is attached. (Retain original for your records. If a copy is not attached, complete item d.)
A copy of the other order is NOT attached. Describe the other order by providing the following information:
(1)
(2) Levying officer name, address, and file number:
(3)
This order is not effective for the reason shown in item 5. It is returned to the levying officer with this return.
OCSD (Rev. 6/2019) Page 1 of 2
LEVY/GARNISHMENT INSTRUCTIONS
DO NOT USE FOR EVICTIONS
Sheriff File Number:
Court Case Number:
Issue Date of Writ:
Total Amount of Judgment: $
List ALL named parties on the Writ.
Judgment Creditor(s):
Judgment Debtor(s):
Who will perform the service?
 Sheriff to serve
 Registered Process Server to serve
The Writ accompanying the instructions is:
 An Original Writ, or a Copy of the Original Writ
issued by the court as an Electronic Writ, NOT
already in possession of the levying officer
 A Copy of the Original Writ already in possession
of the levying officer
 An Original Writ (Non Electronic)
Must be marked for Registered Process Servers only.
 A copy of the Original Writ for sole purpose of
opening a Sheriff file prior to the levy
Property is a dwelling.  Yes  No
 Property is Real Property (ex. House or Apartment)
 Property is Personal Property (ex. Mobile Home or Boat)
YOU ARE HEREBY INSTRUCTED TO: (Check Appropriate Box)
 Levy on bank account of Judgment Debtor(s)
 Place Keeper in Judgment Debtor’s business  8 Hours  Open End
 Till Tap
 Vehicle Levy
 Personal Property Levy
 Garnishment
 Earnings (Wage) Levy – Application for Earnings Withholding Order must be included.
Other Levy:
ENTER COMPLETE INSTRUCTIONS BELOW: (name and address of bank; Judgment Debtor’s place of business; license
number of vehicle and address where vehicle is located, description of property to be levied, if applicable)
Debtor(s) Name
Garnishee Name
Garnishee Address
BANK LEVIES ONLY – Account Number (if known):
LEVY AMOUNT – To instruct the Sheriff to levy on LESS THAN the amount shown on the Writ, plus interest and costs,
indicate ONLY the amount to reduce the levy by: $
SEE PAGE 2 OF THIS FORM FOR ADDITIONAL REQUIRED INFORMATION.
OCSD (Rev. 6/2019) Page 2 of 2
LEVY/GARNISHMENT INSTRUCTIONS
DO NOT USE FOR EVICTIONS
DISBURSEMENT INFORMATION
ALL COLLECTIONS WILL BE DIRECTED TO THE NAME AND ADDRESS LISTED BELOW: (Print Clearly)
Name:
Address
City State Zip Code
SPECIAL INSTRUCTIONS:
The Sheriff’s Department DOES NOT guarantee service.
The Sheriff’s Department is entitled to its fees whether the service is completed or not. (California Government Code 26738)
X Signature Date
Name of Attorney (Or Party Without Attorney) Requesting Service
Address Email Address
City State Zip Code Phone Number
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SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE SELF-HELP (The Superior Court of California - County of Orange)

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Completed 4 January 2021

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