Legal Question in Administrative Law in California
Garnishments
Can you have more than one garnishment taken out of your paycheck at one time? I have a garnishment for a civil suit taken out of my check and now i just recieved a garnishment form the frnachise tax board. Can they both be taken out at the same time?
1 Answer from Attorneys
Re: Garnishments
I don't think so. While I have never encountered this situation in my practice, I've found Code of Civil Procedure section 706.023(c) which reads as follows:
"If an earning withholding order is served while an employer is required to comply with another earnings withholding order with respect to the earnings of the same employee, the subsequent order is ineffective and the employer shall not withhold earnings pursuant to the subsequent order."
Other parts of the garnishment law also support the view that the amount of wages subject to garnishment is limited.
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