What Happens If You Ignore a Wage Garnishment Order in California?
A wage garnishment can arrive after months of collection calls, a lawsuit, or a judgment that has already faded into the background. In California, an employee does not have to agree to paycheck deductions before garnishment begins. Once an Earnings Withholding Order reaches the employer, a statutory timetable controls when payroll must begin withholding money from the employee’s wages.
Ignoring the paperwork does not prevent the process from moving forward. Payroll may begin sending part of each paycheck to the levying officer, and those deductions may continue until the required amount has been collected or the order is modified or terminated. Early guidance from an experienced Los Angeles wage garnishment lawyer can help clarify when withholding will begin and what options may still be available before additional wages are sent toward the judgment.
The Garnishment Process Moves Forward Without a Response
Wage garnishment usually begins after a creditor has obtained a money judgment and an Earnings Withholding Order has been served on the employer. Under California Code of Civil Procedure Section 706.022, the withholding period for an ordinary judgment garnishment generally begins on the 30th day after the employer is served.
An employee also has an opportunity to assert an exemption before deductions start. If a claim of exemption is filed and the employer receives actual notice by the close of business on the 29th day after service of the order, the withholding period begins on the 45th day instead. After the applicable deadline, the employer must follow the order unless an exemption, court order, or other legal action changes the amount that may be taken.
The order generally continues until the required amount has been collected or the employer receives a court order or notice from the levying officer terminating it. Leaving the paperwork unanswered may result in several reduced paychecks before any effort is made to change the amount being taken.
Employers Have Their Own Duties Under a Garnishment Order
An employer served with an Earnings Withholding Order has legal responsibilities that exist independently of any action taken by the employee. California Code of Civil Procedure Section 706.104 requires the employer to provide the employee with the withholding order, notice, claim-of-exemption form, and financial statement form within 10 days of service. The employer must also complete and return an Employer’s Return to the levying officer within 15 days.
After payroll deductions start, the employer must continue following the order even when the judgment is disputed, the garnishment creates financial hardship, or efforts to resolve the debt are still underway. The employer is responsible for calculating the amount that may legally be withheld and sending the required funds to the levying officer.
A garnishment also does not automatically mean a job will be lost. California law protects an employee from being fired because wages are being garnished for the payment of one judgment under California Labor Code Section 2929. The order will still involve payroll or human resources, and deductions will continue unless the order ends or another legal process changes what must be withheld.
The Amount Taken From a Paycheck Is Limited by Law
Creditors cannot simply take whatever amount they want from wages. California Code of Civil Procedure Section 706.050 limits an ordinary wage garnishment to the lesser of 20 percent of disposable earnings for the workweek or 40 percent of the amount by which disposable earnings exceed 48 times the applicable minimum hourly wage.
Local wage laws affect that calculation. If employment is performed in a city or other location with a minimum wage higher than California’s statewide minimum wage, Section 706.050 requires the higher local wage to be used when applying the second part of the garnishment formula. That can be particularly relevant for employment within Los Angeles and other cities with local minimum-wage requirements.
Payroll calculations can vary based on pay frequency, disposable earnings, other withholding orders, and the minimum wage that applies where the work is performed. Reviewing those figures may show that the amount subject to garnishment is lower than the amount initially withheld.
A Claim of Exemption May Reduce or Stop the Garnishment
Reducing a garnishment because of financial hardship generally requires a formal claim of exemption. The exemption process uses a Claim of Exemption, Form WG-006, together with a financial statement showing income, expenses, and the financial effect of the garnishment.
Once the claim is filed with the levying officer, the creditor receives an opportunity to oppose it. California Code of Civil Procedure Section 706.105 gives the creditor 10 days after the notice of the exemption claim is mailed to file an opposition. An opposed claim may lead to a court hearing where the financial circumstances supporting the requested exemption are considered.
California law expanded the relief available for certain exempt wages in 2026. The revision to Section 706.105 now allows a court, in qualifying personal-debt cases, to order the return of wages that should have been exempt. Depending on the basis for the exemption, the statute permits recovery reaching back as far as six months for wages shown to be exempt through a claim and up to 12 months for wages that were exempt without the need to make a claim. Those provisions may allow some exempt wages to be recovered even after payroll has already sent the money to the levying officer.
Ignoring the Garnishment Does Not Resolve the Judgment
A wage garnishment enforces an existing judgment. Questions about the judgment itself require a separate review, including disputes over the amount owed, service of the lawsuit, the identity of the person named in the judgment, or another problem that may affect collection.
The garnishment may also be the first time the underlying lawsuit receives serious attention. A missed lawsuit, defective service, mistaken identity, or another procedural problem may affect the judgment itself rather than only the amount taken from each paycheck. The available options depend on how the judgment was obtained and how much time has passed.
The court record may show when the lawsuit was served, when judgment was entered, and the amount awarded. Those details may show whether the problem involves the judgment itself rather than the calculation used by payroll to withhold wages.
Bankruptcy May Stop Some Wage Garnishments
A wage garnishment may be one part of a larger financial problem involving credit card judgments, medical bills, personal loans, or other unsecured debts. Bankruptcy may address both the ongoing garnishment and the debts driving the collection pressure.
Filing a bankruptcy petition generally triggers the automatic stay under 11 U.S.C. Section 362. The stay stops many efforts to enforce judgments or collect debts that arose before the bankruptcy filing, including many ordinary wage garnishments. The automatic stay does not stop every type of withholding. Domestic support obligations are subject to different rules under the Bankruptcy Code.
The amount being taken from each paycheck is only one part of the financial picture. Other debts, income, property, recent financial activity, and the type of judgment involved may affect whether Chapter 7 or another bankruptcy option provides meaningful relief.
Early Action Leaves More Room to Address the Garnishment
The date the employer receives an Earnings Withholding Order controls several deadlines that follow. The paperwork also identifies the creditor, judgment amount, court case, levying officer, and other information needed to understand where the collection process stands.
Each additional pay period may allow more wages to be withheld while the order remains in effect. Acting earlier creates more opportunity for any available relief to affect future deductions rather than addressing the garnishment only after additional money has already been sent to the levying officer.
Working with an experienced Los Angeles wage garnishment lawyer can help determine which deadlines still apply and what action may change the amount coming out of future paychecks. Addressing the order promptly may provide more room to respond before the garnishment continues through additional pay periods.
Contact Wadhwani & Shanfeld
If you are facing wage garnishment, waiting through several pay periods may make an already difficult financial situation harder to manage. Acting before additional wages are withheld may leave more room to reduce or stop future deductions and address the debt that led to the garnishment.
Wadhwani & Shanfeld represents individuals throughout Los Angeles who are dealing with wage garnishment, judgments, and overwhelming debt. Contact us today to speak with an experienced Los Angeles wage garnishment lawyer and learn how we can help you reduce or stop the garnishment and address the debt or judgment behind it.
Sources:
- California Code of Civil Procedure § 706.022 — Wage Garnishment Withholding Period
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=706.022. - California Code of Civil Procedure § 706.104 — Duties of Employer on Service of Earnings Withholding Order
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=706.104.&lawCode=CCP - California Labor Code § 2929 — Garnishment and Discharge From Employment
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=2929. - California Code of Civil Procedure § 706.050 — Restrictions on Earnings Withholding
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=706.050. - California Code of Civil Procedure § 706.105 — Procedure for Claims of Exemption
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=706.105. - 11 U.S.C. § 362 — Automatic Stay
https://www.law.cornell.edu/uscode/text/11/362 - California Courts — Claim of Exemption for Wage Garnishment
selfhelp.courts.ca.gov/claim-exemption-wage-garnishment
