Butte — Employee Instructions WG003

Source: https://www.buttecounty.net/DocumentCenter/View/17449/WG-003-EMPLOYEE-INSTRUCTIONS

WG-003 EMPLOYEE INSTRUCTIONS

-NOTICE- -NOTICIA-

IMPORTANT LEGAL NOTICE TO EMPLOYEE NOTICIA LEGAL IMPORTANTE RESPECTO
ABOUT EARNINGS WITHHOLDING ORDERS A LAS ÓRDENES DE RETENCIÓN DE SUELDO
(Wage Garnishment)
La Orden de Retención de Sueldo requiere que su
The Earnings Withholding Order requires your empleador pague una parte de su sueldo a un oficial
employer to pay part of your earnings to the sheriff or de embargo. El oficial le pagará el dinero retenido a
other levying officer. The levying officer will pay the su acreedor que ha conseguido una decisión judicial
money to a creditor who has a court judgment against en contra de usted. Pida usted que un amigo o su
you. The information below may help you protect the abogado le lea este papel oficial. Esta información le
money you earn. puede ayudar a proteger su sueldo.

CAN YOU BE FIRED BECAUSE OF THIS?

NO. You cannot be fired unless your earnings have been withheld before for a different court judgment. If this is the first judgment for which your wages will be withheld and your employer fires you because of this, the California Labor Commissioner (dir.ca.gov/dlse/DistrictOffices.htm) can help you get your job back.

HOW MUCH OF YOUR PAY WILL BE WITHHELD?

The Earnings Withholding Order (abbreviated in this notice as EWO) that applies to you contains Employer Instructions. These explain how much of your earnings can be withheld. Generally, the amount is about 20 percent of your take-home pay until the amount due has been withheld. The levying officer will notify the employee of an additional assessment charged for paying out money collected under this order, and that amount will also be withheld.

If you have trouble figuring this out, ask your employer for help.

IS THERE ANYTHING YOU CAN DO?

YES. There are several possibilities.

1. See an attorney. An attorney may be able to help you make an agreement with your creditor or help you stop your earnings from being withheld. You may wish to consider bankruptcy or asking the bankruptcy court to help you pay your creditors. These possibilities may stop your wages from being withheld. An attorney can help you decide what is best for you. Take your EWO to the attorney to help you get the best advice and the fastest help. Read California Courts self-help website for information about finding an attorney (selfhelp.courts.ca.gov/hire-lawyer).

2. Try to work out an agreement yourself with your creditor. Call the creditor or the creditor's attorney, listed on the EWO. If you make an agreement, the withholding of your wages will stop or be changed to a smaller amount you agree on. (See item 4 on page 2 of this form for another way to make an offer to your creditor.)

3. You can ask for an EXEMPTION. An exemption will protect more, or maybe even all, of your earnings. You can get an exemption if you need your earnings to support yourself or your family, but you cannot get an exemption if:

   a. You use some of your earnings for luxuries and they aren't really necessary for support; OR b. You owe money to an attorney because of a court order in a family case; OR c. You owe the debt for past due child support of spousal support (alimony); OR d. You owe the debt to a former employee for wages.

   HOW DO YOU ASK FOR AN EXEMPTION? See the other side of this form for instructions about claiming an exemption.

   IS THE EWO RELATED TO PERSONAL DEBT?

If the EWO is being used to enforce a judgment for personal debt, the judgment creditor is required to verify your address before asking the levying officer to serve the EWO. The judgment creditor must give the levying officer a completed copy of Declaration of Address Verification (form WG-015/EJ-135) and must file a completed form WG-015/EJ-135 with the court within 10 business days of giving a copy of the form to the levying officer. If the judgment creditor doesn't take these steps, you can ask the court to stay (pause) the wage garnishment order until the address verification is complete. You can use Application for Stay of Levy or Garnishment (form WG-017/ EJ-137) to ask the court for a stay.

Judicial Council of California, courts.ca.gov Rev. January 1, 2026, Mandatory Form Employee Instructions WG-003, Page 1 of 2 Code Civ. Proc., § 706.122 (Wage Garnishment)

HOW DO YOU ASK FOR AN EXEMPTION? WG-003

1. Call or write the levying officer for three copies each of Claim of Exemption (form WG-006) and Financial Statement (form WG-007). Or go to courts.ca.gov/rules-forms/find-your-court-forms to download copies of the forms. These forms are free.

2. Fill out both forms. If an item on the form has a box in front of it, only check the box if the item applies to your case.

3. It is your job to prove with the Financial Statement form that your earnings are needed for support. Write down the details about your needs. For example, if your child has special medical expenses, tell which child, what illnesses, who the doctor is, how often the doctor must be visited, the cost per visit, and the costs of medicines. These details should be listed in item 6 on Financial Statement. If you need more space, write "See Attachment 6" in item 6 and attach a separate piece of paper labeled "Attachment 6" where you can explain your expenses in detail.

4. You can use Claim of Exemption (form WG-006) to make an offer to the judgment creditor to have a specified amount withheld each pay period. Complete item 3 on the form to indicate the amount you agree to have withheld each payday during the withholding period. (Be sure it's less than the amount to be withheld otherwise.) If your creditor accepts your offer, he will not oppose your claim of exemption. (See item (1) in the "ONE OF TWO THINGS WILL HAPPEN" section below.)

5. Sign Claim of Exemption and Financial Statement. Be sure Claim of Exemption shows the address where you receive mail.

6. Mail or deliver two copies of each of the two forms to the levying officer. Keep one copy for yourself in case there is a court hearing. Do not use Claim of Exemption (form WG-006) or Financial Statement (form WG-007) to seek a modification of child support or alimony payments. These payments can be modified only by the family law court that ordered them. FILE YOUR CLAIM OF EXEMPTION AS SOON AS POSSIBLE FOR THE MOST PROTECTION.

   ONE OF TWO THINGS WILL HAPPEN AFTER YOU ASK FOR AN EXEMPTION

(1) The judgment creditor will not oppose (object to) your claim of exemption. If this happens, after 10 days the levying officer will tell your employer to stop withholding or withhold less from your earnings. The part (or all) of your earnings needed for support will be paid to you or paid as you direct. And you will get back earnings the levying officer or your employer were holding when you asked for the exemption. —OR— (2) The creditor will oppose (object to) your claim of exemption. If this happens, you will receive Notice of Opposition to Claim of Exemption (form WG-009) and Notice of Hearing on Claim of Exemption (form WG-010), where the creditor explains why your exemption should not be allowed. A box in the middle of form WG-010 tells you the time and place of the court hearing, which will be about 10 days after the creditor files form WG-010 with the court. Be sure to go to the hearing if you can. If the judgment creditor has checked the box in item 3 on Notice of Hearing on Claim of Exemption, the creditor will not be in court. You do not have to go to the hearing if you are willing to have the court make its decision based on your Financial Statement and the creditor's Notice of Opposition to Claim of Exemption. If you go to the hearing, take any bills, paycheck stubs, canceled checks, or other evidence (including witnesses) that will help you prove your Claim of Exemption and Financial Statement are correct and your earnings are needed to support you or your family. And bring any evidence that Notice of Opposition to Claim of Exemption is wrong. For example, if the notice says the judgment was for wages for a past employee, you might be able to give evidence that the person was not an employee or the debt was not for wages. If the judge at the hearing agrees with you, your employer will be ordered to stop withholding your earnings or withhold less money. The judge can even order that the EWO end before the hearing (so you would get some earnings back). If the judge does not agree with you, the withholding will continue unless you appeal to a higher court. The rules for appeals are complex, so you should see an attorney if you want to appeal. If you have one court hearing, you should not file another Claim of Exemption about the same EWO unless your finances have gotten worse in an important way. If your EWO is changed or ended, the levying officer must serve your employer with the changed EWO or a notice that the EWO has ended.

WHAT HAPPENS TO YOUR EARNINGS IF YOU FILE A CLAIM OF EXEMPTION?

Your employer must continue to hold back part of your earnings for the EWO until they receive a notice signed by the levying officer to change the order or end it early. The levying officer will keep your withheld earnings until your Claim of Exemption is denied or takes effect. At that time your earnings will be paid according to the law that applies to your case. REGARDING CHILD SUPPORT If you are obligated to make child support payments, the local child support agency may help you to have an Order Assigning Salary or Wages entered. This order has the top priority claim on your earnings. When it is in effect, little or no money may be available to be withheld for an EWO. And, if the local child support agency is involved in collecting this support from you, it may agree to accept less money if this special order is entered.

WHAT IF YOU STILL HAVE QUESTIONS?

If you cannot see an attorney, or don't want to see an attorney, you might be able to answer some of your questions by reading sections 706.050 and 706.105 of the California Code of Civil Procedure (available at leginfo.legislature.ca.gov or your local law library). Other sections of the code, beginning with section 706.010, may also answer some of your questions. Also, the office of the Wage and Hour Division of the U.S. Department of Labor may be able to answer some of your questions. The Wage and Hour Division's contact information is available at dol.gov/agencies/whd/contact.

Rev. January 1, 2026 Employee Instructions WG-003, Page 2 of 2 (Wage Garnishment)