Code Section

Code of Civil Procedure - CCP

PART 2. OF CIVIL ACTIONS [307 - 1062.20]

  ( Part 2 enacted 1872. )
  

TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260]

  ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. )
  

DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS [695.010 - 709.030]

  ( Division 2 added by Stats. 1982, Ch. 1364, Sec. 2. )
  

CHAPTER 5. Wage Garnishment [706.010 - 706.154]

  ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. )
  

ARTICLE 3. Restrictions on Earnings Withholding [706.050 - 706.052]
  ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

  
706.050.  

(a) Except as otherwise provided in this chapter, the maximum amount of disposable earnings of an individual judgment debtor for any workweek that is subject to levy under an earnings withholding order shall not exceed the lesser of the following:

(1) Twenty-five percent of the individual’s disposable earnings for that week.

(2) Fifty percent of the amount by which the individual’s disposable earnings for that week exceed 40 times the state minimum hourly wage in effect at the time the earnings are payable. If a judgment debtor works in a location where the local minimum hourly wage is greater than the state minimum hourly wage, the local minimum hourly wage in effect at the time the earnings are payable shall be used for the calculation made pursuant to this paragraph.

(b) For any pay period other than weekly, the following multipliers shall be used to determine the maximum amount of disposable earnings subject to levy under an earnings withholding order that is proportional in effect to the calculation described in paragraph (2) of subdivision (a), except as specified in paragraph (1):

(1) For a daily pay period, the amounts shall be identical to the amounts described in subdivision (a).

(2) For a biweekly pay period, multiply the applicable hourly minimum wage by 80 work hours.

(3) For a semimonthly pay period, multiply the applicable hourly minimum wage by 862/3 work hours.

(4) For a monthly pay period, multiply the applicable hourly minimum wage by 1731/3 work hours.

(c) This section shall become operative on July 1, 2016.

(Repealed (in Sec. 1) and added by Stats. 2015, Ch. 800, Sec. 2. (SB 501) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)