Many courts will grant a head of household exemption, for example. Exemption for necessities of life. Wage Garnishment Exemptions. California Wage Garnishment Laws Garnishment in California is a procedure creditors can use to collect from debtors who do not voluntarily pay. If you have questions or concerns about having a garnish of wages this information below will help you to better understand what the wage garnishment laws exemptions are by state. In addition, there is a form that the debtor completes in order to claim exemptions. A head of household (sometimes called “head of family”) exemption is a special form of protection that can shield all or most of your wages from attachment by creditors. California wage garnishment law is contained in the Code of Civil Procedure beginning with section 706.010. As of July 1, 2001, the law requires the judgment creditor to serve a notice of rights to the defendant. If granted this exemption, you must agree to wage garnishment in writing before your employer can begin withholding pay from your paycheck. A head of household is a debtor who provides more than one-half of the support of a dependent or other family member. The amount of disposable income exempt for the head of household can range from 100% to 90%, or the … Contact or visit your California county clerk’s office closest to your residence within 10 days of receiving documentation of the wage garnishment process. If you have any worries or specific questions about wage garnishment or getting your wages garnished in your state, you need to find an attorney […] If you feel like you can prove that the wage garnishment would negatively impact your household and make it impossible to provide basic necessities for your family, then you should file a claim of exemption in California to stop the garnishment proceedings. California Claim of Exemption for Wage Garnishment. Florida law pertaining to wage garnishment is an exercise in common sense. Connecticut 25% you may garnish disposable earnings each wk, or 40 X Fed. Exemptions by State . Although not all states have a head of household exemption, the states that do offer a wide range of exemption amounts. Garnishment . You can also ask for the levy to be reduced or eliminated if: You are your family's head of household and primary income earner; (To learn more, see Head of Household Exemption in Wage Garnishments.) If you quality as head of household, then your wages are exempt from garnishment..Should you wish to discuss this, call my office at 305-940-8080. IS THERE a Head of Household or Head of Family Exemption IN CALIFORNIA FOR WAGE GARNISHMENT? For example, wage garnishment is when a creditor has the right to have part of the debtor’s wages or salary sent to the creditor, to satisfy the debt. Although some state laws follow federal guidelines, others exempt a greater percentage of your wages from a garnishment … Sections 706.022, 706.025, 706.050, and 706.104 explain the employer’s duties. If the State Minimum Wage Is the Applicable Minimum Wage If the minimum wage where the employee works is the state minimum wage, you may use one of the charts below to determine the amount to withhold. It’s available to judgment debtors who are the primary source of financial support for the family. January 1, 2009] To use the charts: Decide which chart to use Chart 1: 26 or more employees; Chart 2: 25 or fewer employees; Find your pay period in the top row. If you are the head of your household, state laws may protect even more of your wages. The head of household or head of family exemption vindicates an important public policy in those states that recognize it, protecting households and families from being put on the street or placed on the public dole as a result of wage garnishment for unpaid debts. Exemption Limits for Certain Debts If you are being garnished for child or spousal support, then up to 50% or 60% of your disposable earnings are subject to garnishment. There are several steps you need to take in order to stop the garnishment through filing a claim of exemptions in California. No. What Happens During a Wage Garnishment Hearing? In California, a debtor may claim an exemption for wage garnishment if he is the sole provider for his family. The garnished debtor can either file a claim of exemption with the court, or the debtor can file a motion to dissolve the wage garnishment and assert the exemption in the motion.