Legal Question in Business Law in California
What is the legal garnishment limit in CA?
What is the legal garnishment limit in CA?
3 Answers from Attorneys
Re: What is the legal garnishment limit in CA?
It depends on what the garnishment is. Is if wages or a bank garnishment? Their are limits on wage garnishment up to 25% of the income. There are other limits also, depending on the income. Call me if you have any questions (310) 806-9237
Re: What is the legal garnishment limit in CA?
The wage garnishment law begins at Code of Civil Procedure section 706.010 and runs through section 706.154. There seem to be two alternative limits: either the amount allowed by Federal law (15 USC 1673(a)) (section 706.050), or the portion necessary for the judgment debtor to support his family is exempt(section 706.051(b)), whichever is more favorable to the debtor.
Judgment creditors can also levy upon and seize bank accounts and other assets. The provisions of law that govern enforcement of judgments and collection of debts in general are numerous. Many are found in the Code of Civil Procedure sections numbered in the 700s (along with the wage garnishment law). You would find, for example, the laws relating to exempt personal property, the homestead exemptions for real property, how tax liens are treated, special laws governing support obligations, and so forth.
Re: What is the legal garnishment limit in CA?
You can also learn more by visiting your local law library and reviewing Schwartz and Ahart, California Practice Guide: Enforcing Judgments and Debts (The Rutter Group 2004).
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