An “earnings withholding order” lands in payroll and your pay shrinks. In California, though, the cap is lower than many people fear, and it changed in September 2023.
Bottom line: For ordinary consumer debt, California takes the lesser of two numbers each pay period: 20% of your disposable earnings (your pay after legally required deductions), or 40% of the amount by which your pay exceeds 48 times the minimum wage. On weekly disposable pay up to about $811 (at the 2026 statewide minimum wage), nothing can be taken. A creditor also needs a court judgment first.
Know what a collector can and can’t do with our free Know Your Rights tool. For the national rules, see wage garnishment in the US.
The formula, in plain English
California Code of Civil Procedure 706.050 limits withholding to the lesser of 20% of weekly disposable earnings or 40% of the amount by which weekly disposable earnings exceed 48 times the applicable minimum hourly wage. There is no higher-income tier (CCP 706.050 text). Other pay periods use 96 hours (every two weeks), 104 (twice a month) or 208 (monthly) instead of 48 (CCP 706.050 text).
SB 1477 changed the old formula, which used 50% of earnings above 40 times the minimum wage, and the new rules became operative September 1, 2023 (CalMatters Digital Democracy). If the order you got looks bigger than the table below, ask your employer’s payroll team or a legal aid office to check it.
What it looks like in dollars
| Pay period | Disposable pay | Protected line | 20% test | 40% of excess | Most they can take |
|---|---|---|---|---|---|
| Weekly | $700 | $811.20 | $140.00 | $0.00 | $0.00 |
| Weekly | $900 | $811.20 | $180.00 | $35.52 | $35.52 |
| Weekly | $1,200 | $811.20 | $240.00 | $155.52 | $155.52 |
| Weekly | $2,000 | $811.20 | $400.00 | $475.52 | $400.00 |
| Every 2 weeks | $2,400 | $1,622.40 | $480.00 | $311.04 | $311.04 |
| Monthly | $4,500 | $3,515.20 | $900.00 | $393.92 | $393.92 |
Illustrative. Uses the $16.90 statewide minimum wage for 2026 (HiveDesk); a higher local minimum wage raises the protected line. Calculated in code from the statute formula.
Notice that near the protected line, the second test is the one that bites. At $900 a week the 20% test would be $180, but the second test only allows about $36. Only higher pay reaches the full 20%.
When it can be lowered or stopped
File a claim of exemption. The California Courts site says you must show the garnishment would stop you paying for your family’s basic needs, using forms WG-006 and a financial statement. The collector has 10 days to respond. If they don’t, your claim is granted. If they oppose it, a hearing is set (California Courts). Keep pay stubs and bills for the hearing.
One more protection: Ezel’s summary of the statute lists an exemption for earnings you prove are necessary for support, which doesn’t cover support orders or state tax orders. Support orders take priority over other withholding orders (Ezel). Your employer also cannot fire you for a single wage garnishment (California Courts).
Garnishment may continue while a claim is pending, per the court site, so file early.
The things you’re probably wondering
Can they take 25% of my check in California?
Not for ordinary consumer debt after September 1, 2023. The cap is the lesser of 20% of disposable earnings or 40% of the amount above 48 times the minimum wage (CCP 706.050 text). Federal ceilings are higher and apply to things like support orders (Ezel).
Do they need a court judgment first?
Yes. Upsolve says a creditor must win a court case and get a judgment before garnishing wages (Upsolve). If you never got court papers, find out why before assuming the garnishment is valid. Start with our being sued guide.
Can my employer fire me for being garnished?
The California Courts self-help site says your employer cannot fire you for a single wage garnishment (California Courts).
Is my paycheck the same as disposable earnings?
No. Disposable earnings are what’s left after legally required deductions such as taxes. Your gross pay is higher. Use the figure on your pay stub after required deductions, not the top line.
What if I live in a city with a higher minimum wage?
The statute uses the higher local rate if one applies where you work (Ezel), which raises the protected amount.
How do I ask for less to be taken?
File a claim of exemption. The court’s self-help page says you must show the garnishment would stop you paying for your family’s basic needs, the collector has 10 days to respond, and if they don’t, the claim is granted (California Courts).
What if the debt is very old?
A garnishment still needs a judgment, and a collector generally can’t sue on a time-barred debt, which you can raise in court. Check our statute of limitations guide.
Disclaimer: DebtShift is an educational platform operated by H Ali Logistics Ltd. This article is general education, not legal or financial advice. For legal help, contact a California legal aid office. For free, nonprofit credit counseling, contact the National Foundation for Credit Counseling (NFCC) at nfcc.org or 877-360-6322.
Sources
- RulesofCivilProcedure.com, California CCP 706.050
- Ezel, California wage garnishment limits
- CalMatters Digital Democracy, SB 1477
- California Courts self-help, Make a claim of exemption for wage garnishment
- HiveDesk, California minimum wage 2026
- Upsolve, Unsecured debt
Last reviewed October 2026
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