How to File a Claim of Exemption from Wage Garnishment
Disclaimer: This guide is intended as general information only. Your case may have factors requiring different procedures or forms. The information and instructions are provided for use in the Sacramento County Superior Court. Please keep in mind that each court may have different requirements. If you need further assistance, consult an attorney.
Click here to download this guide as a pdf.
CONTENTS
This packet includes:
· Step by Step Instructions
· Sample Claim of Exemption (Judicial Council Form WG-006)
· Sample Financial Statement (Judicial Council Form WG-007)
BACKGROUND
Wage garnishment is one of the primary ways creditors attempt to collect judgments. The creditor files papers in court to have a portion of your paycheck garnished (taken) to pay off your debt. A creditor can collect up to 25% of your income after mandatory deductions, unless part of your paycheck is exempt under other rules.
A Claim of Exemption is the form you must file with the Sheriff to explain why some or all of the wages the creditor wants your employer to garnish should be exempt (excluded). There are laws and rules that say which types of income or property are exempt. You can read about many of these exemptions in Exemption from the Enforcement of Judgments, Form EJ-155. An adaptation of this document, with hyperlinks to the applicable code sections, is available on the Law Library's website at: http://www.saclaw.org/pages/exemptions.aspx
In order to garnish your wages a creditor must ask the court for a Writ of Execution, which is an order directing the Sheriff to enforce the judgment in your case in the county where your assets are located, and an Earnings Withholding Order (EWO). Once granted, the Sheriff serves your employer with the EWO, which requires the employer to pay part of your earnings to the Sheriff.
IMPORTANT: Once your employer instructs you that they have received an EWO you have 10 days in which to file your Claim of Exemption and Financial Statement with the Sheriff's department listed on the EWO.
PROCEDURE
Step-by-Step Instructions
Step 1: Claim of Exemption for Wage Garnishment (Judicial Council Form WG-006)
Type or write your name, address, and telephone number in the box that says "Attorney or Party Without Attorney."
Where it says "Attorney for" type or write "In Pro Per," which means you are representing yourself.
Beside "Plaintiff" insert the Judgment Creditor's name as it appears on the EWO.
Beside "Defendant" insert your name (you are the Judgment Debtor) as it appears on the EWO.
Insert the name and address of the Sheriff's Civil Division as it appears on the EWO.
Type or write the Court name, address, and Branch.
Type or write in the Sheriff's Levy Number as it appears on the EWO.
Type or write in your case number as it appears on the EWO.
In paragraph 1 type or write your name.
In paragraph 2 check either box "a" or "b," whichever pertains to your situation.
In paragraph 3 check box "a," then either check the box for "address as shown above" or indicate another address.
In paragraph 4 check either box "a" or "b."If you check "b," indicate the amount you wish to be withheld each pay period.
In paragraph 5 check the box indicating how often you are paid.
Type or print your name and the date; sign on the line provided.
Sample Claim of Exemption (Judicial Council Form WG-006), Page 1 (Click for full-sized version.)
Step 2: Completing the Financial Statement (Judicial Council Form WG-007)
Type or write the case name, i.e., the Judgment Creditor's last name v. your last name (you are the judgment debtor), in the "short title" box.
Type or write in the Sheriff's Levy Number as shown on the EWO.
Type or write in your case number as shown on the EWO.
In paragraph 1 type or write the names, ages, relationship to you, and the amount and source of any income of each person who lives in your house that you support or who supports you.
In paragraph 2a type or write in your gross (before taxes or any other deductions) monthly pay.
In paragraph 2b(1) – (4) type or write the purpose and amount of your payroll deductions. Type or write the total on line 2b.
Subtract 2b from 2a; this is your monthly take home pay. Type or write this amount on line 2c.
In paragraph 2d type or write the amount of any money you receive from other sources, and identify that source. If the amount is none, type or write "none" and place a "0" on line 2d.
Add the amounts on lines 2c and 2d and insert that number on line 2e.
In paragraph 3a insert the amount of any cash you have on your person at the time you are filling out the form.
In paragraph 3b(1)-(3) insert the name(s) of your banking institution(s) and any amount(s) in the account(s) as of the date you are completing the form. Type or write the total on line 3b.
In paragraph 3c(1)-(3) insert the year, make, and model of any vehicle(s) you own. If none, type or write none. The value of your vehicle is zero if you are still making payments on it.
In paragraph 3d insert the amount of equity in your home. If you do not own a home, enter zero.
In paragraph 3e insert the value of any personal property you own, or enter none.
Sample Claim of Exemption (Judicial Council Form WG-006), Page 2 (Click for full-sized version.)In paragraph 4a through m insert the amounts of your expenses. If you do not have an expense, insert zero. Do not leave any lines blank. When calculating bills that come quarterly or other than monthly, add the total you pay per year and divide the yearly number by 12 to get the monthly amount.
In paragraph 4n insert the total of your monthly expenses.
In paragraph 5 type or write the names of any creditors, the purpose of the loan, the monthly amount and the balance due. Add the monthly amounts due and insert that total in 4j.
In paragraph 6 tell the court why you cannot afford to lose 25% of your wages to pay this judgment creditor. Explain in great detail. If you need additional space, type or write "See Attachment 6" and use Judicial Council Form MC-025, Attachment to Judicial Council Form, to continue.
In paragraph 7 insert any information, if it is applicable.
In paragraph 8 insert any information, if it is applicable.
In paragraph 9 indicate whether you have a spouse. If so, your spouse must also sign the Financial Statement.
Type or print your name, date, and sign on the line provided.
TIP: All of these forms may be obtained from the Court or downloaded for free from the Judicial Council website, http://www.courts.ca.gov/forms.htm.
Sample Claim of Exemption (Judicial Council Form WG-006), Page 3 (Click for full-sized version.) Step 3: Copying, Assembling and Filing
Make three copies of each:
· Claim of Exemption (Judicial Council Form WG-006)
· Financial Statement (Judicial Council Form WG-007)
Take your completed documents to the Sheriff's Department, as listed on the Earnings Withholding Order. The Sheriff will mail one copy to the judgment creditor and keep the second. The third copy is for you to keep for your records.
Step 4: What Happens Next?
Your employer will hold on to the money garnished until either: 1) 10 days go by and the creditor does not oppose your claim of exemption; or 2) the judge makes a decision on the claim of exemption. If the creditor does not oppose your claim of exemption, you employer will return the wages to you.
If the creditor opposes your claim of exemption, you will receive a Notice of Opposition to Claim of Exemption and Notice of Hearing on Claim of Exemption that will set a court date for a judge to make a decision, probably within the month. If the judge agrees with your claim of exemption, you will get your money back. If the judge agrees with the creditor, your employer will send the money to the creditor every month until your judgment is paid in full.
The court reviews all oppositions to claims of exemptions and makes a Tentative Ruling on whether to allow a claim the day before the scheduled hearing. These Tentative Rulings are posted and available for viewing after 2:00 p.m. on the day before the scheduled hearing. The tentative ruling will become the final ruling on the matter, unless either party asks for the hearing to be held. If you would like the judge to hear oral arguments on the matter, you must notify the other party, the other party's attorney, and the department clerk of your intent to appear at the hearing no later than 4 p.m. the day before the scheduled hearing. If you do not give this notice, your hearing will be taken off the schedule. The tentative ruling will become the final ruling of the court. For more information on the Court's Tentative Ruling System and how to view the tentative rulings, see the Legal Resource Guide on our website at http://www.saclaw.org/pages/tentative-rulings.aspx.
IF YOU HAVE QUESTIONS ABOUT THIS GUIDE, OR IF YOU NEED HELP FINDING OR USING THE MATERIALS LISTED, DON'T HESITATE TO ASK A REFERENCE LIBRARIAN.
AB 9/2011