How to Stop Wage Garnishment in California

Key Takeaways

A wage garnishment usually means a creditor already has a court judgment against you. It runs until the debt is paid.
California caps an ordinary garnishment at 20% of your disposable earnings or 40% of what you earn above 48 hours of minimum wage, whichever is less. Low earners may owe nothing.
A Claim of Exemption can lower or stop the garnishment if you need the money to support yourself and your family. The creditor gets 10 days to object.
Filing Chapter 7 or Chapter 13 bankruptcy stops most garnishments the moment the case is filed, through the automatic stay.
Bank accounts have their own protection: $2,325 is exempt automatically from most creditor levies as of July 2026, and you can claim more.
Your employer cannot fire you because of a garnishment for one judgment (Labor Code section 2929).

You can stop or shrink a wage garnishment in California in three main ways: file a Claim of Exemption showing you need the money to live, deal with the judgment itself by setting it aside, paying in installments or settling, or file bankruptcy, which stops most garnishments the day the case is filed. Which one fits depends on the type of debt, how much you earn, and whether you have other debts pulling at the same paycheck.

How wage garnishment works in California

For ordinary consumer debts like credit cards, medical bills, personal loans and old car loans, a creditor cannot touch your wages just because you fell behind. It has to sue you and win a money judgment first.

With a judgment in hand, the creditor gets a writ of execution from the court and sends it to a levying officer, usually the county sheriff, who serves an Earnings Withholding Order on your employer. Your employer must give you a copy of the order, a notice explaining your rights, and the forms for claiming an exemption within 10 days (Code of Civil Procedure section 706.104).

Under a 2026 change to section 706.022, withholding starts on the 30th day after the order is served on your employer. If you file a Claim of Exemption and your employer gets notice of it before the end of the 29th day, the start moves to the 45th day.

Two more rules shape what happens next:

It continues until the debt is paid. The withholding period runs until the full amount is collected or the order is terminated. Judgments last 10 years and can be renewed, although a judgment for personal debt under $50,000 can be renewed only once (section 683.110).
One ordinary order at a time. Your employer complies with the first ordinary garnishment it receives. A second creditor generally has to wait (section 706.023), although support and tax orders can take priority.

How much can be taken from your paycheck

For an ordinary judgment, section 706.050 limits the weekly garnishment to the lesser of two amounts:

20% of your disposable earnings for the week, or
40% of whatever you earn above 48 times the minimum hourly wage.

“Disposable earnings” means pay after legally required deductions such as taxes. If you work somewhere with a local minimum wage higher than the state’s, the local rate is used. The state minimum is $16.90 an hour in 2026, and the City of San Diego’s is $17.75, so 48 hours of minimum wage is $811.20 a week at the state rate and $852 inside San Diego city limits. Pay below that line cannot be garnished at all for an ordinary debt.

Maximum weekly garnishment for an ordinary judgment in 2026
Weekly disposable earnings	Working in the City of San Diego ($17.75 minimum)	Working where the state minimum applies ($16.90)
$800	$0	$0
$1,000	$59.20	$75.52
$1,200	$139.20	$155.52
$1,500	$259.20	$275.52
$2,000	$400.00	$400.00

Calculated under Code of Civil Procedure section 706.050 using the 2026 state and City of San Diego minimum wages. Biweekly, semimonthly and monthly pay use 96, 104 and 208 hours instead of 48.

For anyone with less than $1,704 a week in disposable earnings in San Diego ($1,622.40 at the state rate), the 40% formula, not the 20% cap, is what applies, and it takes far less than a fifth of the paycheck. If a flat 20% or 25% is coming out of modest pay, ask the levying officer to check the math.

Five ways to stop or reduce a garnishment

1. File a Claim of Exemption

Even within the legal limit, section 706.051 protects any part of your earnings you prove is necessary to support yourself and the family members you support. You make the claim by filing two court forms with the levying officer named on the order: the Claim of Exemption (WG-006) and a Financial Statement (WG-007). The California Courts self-help guide walks through both.

The levying officer mails your claim to the creditor, which has 10 days to file an opposition (section 706.105).
If it does not oppose, the order is ended or reduced to the amount you claimed, and money withheld after your filing is returned.
If it does oppose, a judge holds a hearing. Bring pay stubs, rent or mortgage statements, and your regular bills.

This exemption is not available for every debt. It does not apply to support orders, state tax orders, or a judgment for wages you owe a former employee of your own.

2. Challenge the judgment itself

If you were never properly served with the lawsuit, or the judgment is for a debt you do not owe, you may be able to ask the court to set aside the default judgment. Strict deadlines apply, so this is worth raising with a lawyer quickly.

3. Ask to pay in installments

In a limited civil case, generally one for $35,000 or less, the court can let you pay the judgment in installments (section 582.5). The court weighs the same kinds of hardship facts used for a Claim of Exemption.

4. Negotiate with the creditor

A creditor may accept a lump sum for less than the balance, or a payment plan, in exchange for releasing the order. Get it in writing, including a promise to terminate the order and file a satisfaction of judgment when you finish.

5. File bankruptcy

Bankruptcy is the only option that stops a garnishment immediately. The moment your case is filed, the automatic stay under 11 U.S.C. section 362 bars creditors from enforcing judgments they obtained before the case. Once your employer and the levying officer are notified, withholding stops.

Chapter 7 can erase the credit card, medical and personal loan judgments behind most garnishments, usually in a few months, if you pass the income test.
Chapter 13 replaces the garnishment with a court-approved repayment plan, which helps if your income is too high for Chapter 7 or you are also behind on a house or car.
Money already taken. Wages garnished in the 90 days before filing can sometimes be recovered. Bankruptcy law lets a filer undo some transfers to a creditor in that window, but for consumer debts only where the total taken reaches $600 (11 U.S.C. section 547), and whether you can keep the money depends on your exemptions.

Bankruptcy makes the most sense when the garnishment is one symptom of a larger debt problem. Our overview of bankruptcy in San Diego explains how to choose between the chapters. Two cautions: the stay does not stop withholding for child or spousal support, and if you had another bankruptcy dismissed within the past year, the stay may last only 30 days unless the court extends it.

Bank levies: the other half of the problem

A creditor with a judgment can also levy your bank account, sometimes in the same weeks it garnishes your wages. The bank freezes the money while you claim exemptions. The rules are different from a garnishment:

An automatic floor. Under section 704.220, an amount tied to the state’s minimum standard of care for a family of four is exempt without filing anything. It is adjusted every July and is $2,325 as of July 2026. It applies per person, not per account, and does not protect against levies for support, taxes or unpaid wages.
More by claim. Section 704.225 protects additional money you prove you need for support, and exempt income such as Social Security, disability benefits and workers’ compensation keeps its protection when deposited, though you may need to file a claim and show where the money came from. See our guide to disability insurance in California for how those benefits work.
A short deadline. A claim of exemption for a levy must be filed within 15 days after you are personally served with the notice of levy, or 20 days if it was mailed (section 703.520). The court’s guide to a claim of exemption for a bank levy lists the forms.

Debts that follow different rules

The 20% and 40% limits apply to ordinary judgments. Other debts work differently:

Child and spousal support can take a larger share of your pay, and bankruptcy does not stop support withholding.
Federal student loans can be collected through administrative wage garnishment of up to 15% of disposable pay, without a lawsuit.
The IRS and California’s Franchise Tax Board collect taxes through their own levy procedures, outside the ordinary court process.

Your job is protected

Labor Code section 2929 bars an employer from firing you because your wages are garnished for one judgment, or because a garnishment has been threatened. If you are fired in violation of the law, you can claim up to 30 days of lost wages, as long as you notify your employer within 30 days of the firing.

What to do this week

Read the Earnings Withholding Order. Note the creditor, case number, levying officer and the date your employer was served.
Check the math against the table above using your actual disposable earnings.
Gather proof: recent pay stubs, your lease or mortgage statement, regular bills, and a list of everyone you support.
Decide quickly whether to file a Claim of Exemption. If it is filed and your employer is notified before the end of day 29, withholding starts on day 45.
List all your debts, not just this one. If several creditors are waiting behind this order, a bankruptcy consultation can show whether one filing solves all of them.
Don’t empty your bank account in a panic. Moving money to a relative to hide it can create bigger problems. Ask first.

If you also own a home or a business, our asset protection planning page explains how longer-term planning differs from responding to a judgment that already exists.

Frequently asked questions

Filing a Chapter 7 or Chapter 13 bankruptcy is the only step that stops most garnishments right away, because the automatic stay takes effect the moment the case is filed. A Claim of Exemption can also stop or reduce a garnishment, but the creditor first gets 10 days to oppose it and a judge may hold a hearing.

For an ordinary judgment, the lesser of 20% of your weekly disposable earnings or 40% of the amount above 48 times the minimum hourly wage (Code of Civil Procedure section 706.050). If you earn less than 48 hours of minimum wage in a week, nothing can be taken. Support, tax and student loan garnishments follow different limits.

No. An ordinary garnishment can never take more than 20% of your disposable earnings, and usually takes less.

Until the judgment, interest and costs are paid in full, or until the order is terminated by a court, the levying officer, a settlement or a bankruptcy. A judgment can be enforced for 10 years and renewed, though a judgment for personal debt under $50,000 can be renewed only once.

Not because of a garnishment for one judgment, or a threatened garnishment. Labor Code section 2929 prohibits it, and an employee fired in violation can claim up to 30 days of lost wages if they give notice within 30 days.

As of July 2026, $2,325 is exempt automatically from most judgment creditor levies, per person rather than per account, under Code of Civil Procedure section 704.220. You can claim more if you prove you need it for support, and exempt income such as Social Security keeps its protection in the account. A levy claim must be filed within 15 days of personal service, or 20 days if served by mail.

Sometimes. Wages garnished in the 90 days before you file can be recovered in some cases, but for consumer debts only if the total taken reached $600, and whether you keep the money depends on your exemptions. An attorney can tell you whether it is worth pursuing in your case.

Talk to a San Diego bankruptcy attorney about your garnishment

Banker’s Hill Law Firm has served San Diego County families since 1991, including people facing debt and bankruptcy. Maxwell Agha and our team can review your order and explain whether a Claim of Exemption, a settlement or bankruptcy fits best, in English or Spanish.

There are no upfront costs, and your consultation is free. There is a federal court filing fee, and our firm charges a flat legal fee with payment-plan options. You receive full cost transparency at your free consultation.

If your wages are being garnished or your bank account was levied, call (619) 230-0330 or contact our San Diego office. We also serve Chula Vista and the South Bay.

This article is general information about California law and is not legal advice. Reading it does not create an attorney-client relationship. Garnishment limits, exemption amounts and deadlines change, and the right option depends on your debts, income and the type of order you received, so speak with an attorney about your situation.