Last Reviewed: Wed, Aug 26, 2020
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From Elsewhere on the web:
- Wage Garnishment in California (UpSolve.org): UpSolve features state specific articles on wage garnishment in each state.
Wage Exemptions -- State System
California Law Wage Garnishment Limits
In California, your wages are protected to 75% of wages or 40 times state minimum wage ($12/hour for large employers, otherwise $11) or local minimum wage; more if debtor proves that higher amount is needed. Garnishment is limited to 50% of amount in excess of 40 times state or local minimum wage.
California earned a "C" from NCLC because its garnishment law protect at least $350 per week.
California Exemption System 1
California Exemption System 2
Federal Non-Bankruptcy Law
(available only if using State System)
Federal "non-bankruptcy" law also offers exemption protection for wages.
Wage Garnishment — Federal System § 522 (no exemption)
No. Federal exemptions not available. Instead, California has two systems of exemptions, one of which closely mirrors the federal scheme. Cal. Civ. Proc. Code § 703.130
The Federal Bankruptcy Exemptions under 11 U.S.C. § 522(d) are available to you if
- you haven't lived in any state longer than 180 days for a while,
- if your state allows the Federal exemptions as a choice.
You may also be interested in:
Most states allow an exemption for "tools of trade or profession"... this can include tools, books, even vehicles. Sometimes can be an alternative to the motor vehicle exemption.
Almost every state has an exemption for "any property" which is sometimes called the "wildcard" or "grubsteak" exemption. Generally this exemption is useful because it can be combined with other exemptions to fully protect equity that might otherwise go unprotected.
The Federal Government adjusts Federal exemption amounts every three years. Does California adjust exemption amounts?