Code Section Group

Code of Civil Procedure - CCP

PART 2. OF CIVIL ACTIONS [307 - 1062.20]

  ( Part 2 enacted 1872. )


  ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. )


  ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

CHAPTER 5. Wage Garnishment [706.010 - 706.154]

  ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

ARTICLE 1. Short Title; Definitions [706.010 - 706.011]
  ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )


This chapter shall be known and may be cited as the “Wage Garnishment Law.”



As used in this chapter:

(a) “Disposable earnings” means the portion of an individual’s earnings that remains after deducting all amounts required to be withheld by law.

(b) “Earnings” means compensation payable by an employer to an employee for personal services performed by such employee, whether denominated as wages, salary, commission, bonus, or otherwise.

(c) “Earnings withholding order for elder or dependent adult financial abuse” means an earnings withholding order, made pursuant to Article 5 (commencing with Section 706.100) and based on a money judgment in an action for elder or adult dependent financial abuse under Section 15657.5 of the Welfare and Institutions Code.

(d) “Earnings assignment order for support” means an order, made pursuant to Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code or Section 3088 of the Probate Code, which requires an employer to withhold earnings for support.

(e) “Employee” means a public officer and any individual who performs services subject to the right of the employer to control both what shall be done and how it shall be done.

(f) “Employer” means a person for whom an individual performs services as an employee.

(g) “Judgment creditor,” as applied to the state, means the specific state agency seeking to collect a judgment or tax liability.

(h) “Judgment debtor” includes a person from whom the state is seeking to collect a tax liability under Article 4 (commencing with Section 706.070), whether or not a judgment has been obtained on such tax liability.

(i) “Person” includes an individual, a corporation, a partnership or other unincorporated association, a limited liability company, and a public entity.

(Amended by Stats. 2012, Ch. 474, Sec. 1. (AB 1775) Effective January 1, 2013. Operative July 1, 2013, by Sec. 3 of Ch. 474.)

CCPCode of Civil Procedure - CCP