California Code of Civil Procedure

§ 706.104

CCP § 706.104 Effective Jan 1, 2014Div. 2 · Title 9 · Part 2 · Ch. 5 · Art. 5

Statute text

Any employer who is served with an earnings withholding order shall:

(a)Deliver to the judgment debtor a copy of the earnings withholding order, the notice to employee of earnings withholding, a copy of the form that the judgment debtor may use to make a claim of exemption, and a copy of the form the judgment debtor may use to provide a financial statement within 10 days from the date of service. If the judgment debtor is no longer employed by the employer and the employer does not owe the employee any earnings, the employer is not required to make such delivery. The employer is not subject to any civil liability for failure to comply with this subdivision. Nothing in this subdivision limits the power of a court to hold the employer in contempt of court for failure to comply with this subdivision.

(b)Complete the employer’s return on the form provided by the levying officer and mail it by first-class mail, postage prepaid, to the levying officer within 15 days from the date of service. If the earnings withholding order is ineffective, the employer shall state in the employer’s return that the order will not be complied with for this reason and shall return the order to the levying officer with the employer’s return.

Legislative history

Amended by Stats. 2013, Ch. 64, Sec. 6. (SB 233) Effective January 1, 2014.