California Wage Garnishment Laws: How Much Can They Take?

In California, an ordinary creditor with a money judgment generally cannot take more than the lesser of two amounts: 20% of your weekly disposable earnings, or 40% of the amount by which your weekly disposable earnings exceed 48 times the state hourly minimum wage (or the local minimum wage where you work, if it is higher). This rule comes from California Code of Civil Procedure section 706.050, which was made more protective effective September 1, 2023. It is meaningfully more generous to debtors than the federal floor, which allows up to 25% of disposable earnings. In short, California caps most consumer garnishments at 20% rather than the federal 25%, and it shields a larger base of low earnings from any garnishment at all.

How California's garnishment formula actually works

California garnishes wages through an Earnings Withholding Order (EWO). After a creditor wins a judgment, it asks a levying officer (usually the county sheriff) to serve the order on your employer. Your employer then withholds part of each paycheck and sends it to the officer until the debt is paid or the order expires.

The amount withheld is based on your disposable earnings — your pay after legally required deductions such as federal and state taxes, Social Security, and mandatory state disability insurance. Voluntary deductions like retirement contributions or health insurance premiums are not subtracted before the calculation.

Once disposable earnings are determined, the employer applies the section 706.050 cap. The maximum the creditor may take is the smaller of:

• 20% of your weekly disposable earnings, or
• 40% of the amount by which your weekly disposable earnings exceed 48 times the applicable hourly minimum wage.

The "applicable" minimum wage is the higher of the California state minimum wage or the local minimum wage at the place of employment. As of 2026 the California state minimum wage is in the range of about $16.50 per hour (it is adjusted annually for inflation, and many cities such as San Francisco, Los Angeles, and West Hollywood set higher local rates). Because the exact figure changes every January 1, confirm the current state rate with the California Department of Industrial Relations and your city's rate with your local government before relying on a specific number.

The practical effect: if you earn at or near minimum wage, the second prong of the test can reduce your garnishment to zero or near zero, because little or none of your pay exceeds the 48-times-minimum-wage threshold. Higher earners are typically capped by the 20% prong.

How California compares to the federal baseline

Federal law (the Consumer Credit Protection Act, 15 U.S.C. 1673) sets a nationwide ceiling: the lesser of 25% of disposable earnings or the amount exceeding 30 times the federal minimum wage of $7.25 per hour. States may protect debtors more than this floor, and California does. California uses a 20% cap instead of 25%, and it ties the exempt base to the much higher California (or local) minimum wage rather than the $7.25 federal figure. A few states, such as Texas, North Carolina, Pennsylvania, and South Carolina, go even further and ban wage garnishment for most ordinary consumer debts entirely. California does not ban garnishment, but its formula leaves more money in your pocket than the federal minimum requires.

Income that is fully exempt from garnishment

Some income cannot be garnished for ordinary debts at all, regardless of the wage formula. Under California Code of Civil Procedure sections 704.070 and 704.080 and federal law, protected sources generally include:

• Social Security and Supplemental Security Income (SSI)
• Veterans (VA) benefits
• Unemployment and state disability insurance
• Public assistance and CalWORKs / welfare benefits
• Most public and private pensions and retirement plan funds
• Workers' compensation awards
• Child and spousal support you receive

These protections can carry into your bank account, but exempt deposits often must be identified to keep them safe after a bank levy — commingling exempt funds with other money can create disputes, so it helps to keep benefit deposits separate.

When more than 20% can be taken

The 20% consumer cap does not apply to every kind of debt. Higher percentages are allowed for:

• Child and spousal support. Under federal CCPA rules, support orders can reach 50% to 65% of disposable earnings, and support withholding takes priority over ordinary creditors.
• Federal and state taxes. The IRS and California's Franchise Tax Board can levy wages under their own rules, which are not bound by the 20% cap.
• Federal student loans. The U.S. Department of Education can administratively garnish up to 15% of disposable pay without a court judgment.

Generally only one ordinary garnishment runs at a time in California, but a support order can be layered on top of, and ahead of, a consumer garnishment.

How to claim an exemption to stop or reduce garnishment

If a garnishment leaves you unable to cover basic necessities for yourself or your family, California lets you ask the court to reduce or eliminate it through a Claim of Exemption based on financial hardship.

The steps are:

• Act quickly. After the Earnings Withholding Order is served, the levying officer mails you a notice. You generally have only 10 days from that notice to file your Claim of Exemption, so do not wait.
• File the right forms. Submit a Claim of Exemption (Judicial Council form WG-006) and a Financial Statement (form WG-007/EJ-165) with the levying officer who served the order, listing your income, expenses, and dependents.
• The creditor responds. The creditor has a limited window (about 10 days) to oppose your claim. If it does not oppose, the garnishment is reduced or released as you requested.
• Attend the hearing. If the creditor opposes, the court sets a hearing. Bring proof of your wages, rent or mortgage, utilities, food, medical costs, and other necessary living expenses. The judge decides how much, if any, can be garnished.

You can also raise an exemption after a bank levy if the account holds protected funds like Social Security or wages already paid to you. The same Claim of Exemption process and short deadlines apply, so read every notice carefully.

Other ways to challenge a garnishment

Beyond a hardship claim, you may have grounds to fight the garnishment itself if the underlying judgment is flawed — for example, if you were never properly served with the lawsuit, the debt is past the statute of limitations, the amount is wrong, or the "creditor" is a debt buyer that cannot prove it owns the account. These defenses usually require a motion in the court that issued the judgment, and consulting a consumer attorney or your local legal aid office is wise. California also follows the federal Fair Debt Collection Practices Act (FDCPA) and the stronger state Rosenthal Fair Debt Collection Practices Act, which bar abusive collection tactics.

Where to verify the rules

Because dollar thresholds and minimum-wage rates change, confirm the current figures before you rely on them. The California Attorney General's Office (California Department of Justice, oag.ca.gov) publishes consumer-protection guidance and complaint resources. The California Department of Financial Protection and Innovation (DFPI) handles complaints about debt collectors and financial firms, and the California Department of Industrial Relations posts the current state minimum wage. For forms and self-help instructions, use the California Courts self-help center. When the stakes are high, a consumer-law attorney or a nonprofit legal aid provider can review your specific situation.

Official California Sources

This page is based on California law. Limits and deadlines change — verify the current details directly with the official California sources below. This is general legal information, not legal advice.

• California Attorney General - Protecting Consumers (Consumer Protection) — official California agency.
• Consumer Complaint Against A Business/Company
• Rosenthal Fair Debt Collection Practices Act (California Civil Code 1788 et seq.)

Federal law also applies. Federal laws like the Fair Debt Collection Practices Act and Fair Credit Reporting Act protect you nationwide, on top of California’s own rules.