A claim of exemption is California's procedure for asking that less of your paycheck, or none of it, be withheld under an Earnings Withholding Order. For a wage garnishment in California, the debtor files Form WG-006 and a Financial Statement (WG-007) with the levying officer named on the order. The creditor may then oppose, and a judge decides.
If a garnishment has already started, call (415) 754-0115 to schedule a free consultation, or reach us through our contact page.
What the claim asks to protect
Every Earnings Withholding Order is already subject to California's statutory cap on garnishment. The claim of exemption asks for more: it argues that some or all of the remaining withholding is needed to support the debtor and the debtor's family. The request can be for nothing to be withheld or for a smaller amount each pay period.
How a judge looks at "necessary for support"
There is no fixed formula. The court compares the household's income with reasonable, documented expenses for the people the debtor supports, and asks whether the withholding leaves enough to cover them. Routine costs such as rent, groceries, commuting and medical care carry weight when they are documented, while expenses that look unusually high for the household's circumstances may be questioned.
When this process does not apply
The procedure covers Earnings Withholding Orders that follow private court judgments. Support orders, tax withholding orders from the IRS or the Franchise Tax Board, and federal student loan garnishments run under different rules, and the support exemption can be limited for certain kinds of debts.
Filing a claim of exemption for wage garnishment in California, step by step
- Identify the levying officer. The sheriff's or marshal's office handling the garnishment is listed on the Earnings Withholding Order and on the Employee Instructions your employer passed along. The claim goes to that office, not to the court clerk.
- Complete Form WG-006. It identifies the case and states how much, if anything, should be withheld each pay period.
- Complete Form WG-007. The financial statement lists household members, every source of income, monthly expenses and assets.
- File the original and a copy. The levying officer then sends notice of the claim to the creditor.
Getting the financial statement right
A judge decides largely from this document, so accuracy and completeness carry real weight.
Details that often make a difference
- Expenses that reflect what the household actually spends, including rent or mortgage, utilities, food, transportation, insurance and childcare.
- Every person who depends on your income, and any income other household members contribute.
- Documents that back up the figures, such as leases, bills and pay stubs, ready in case there is a hearing.
After filing: three possible paths
The creditor does not oppose
If the creditor does not respond within its deadline, the levying officer instructs your employer to change or end the withholding as the claim requested.
The creditor opposes
The creditor can file a notice of opposition with the court, generally within about ten days of being notified of the claim. The court then sets a hearing, where a judge reviews the financial statement and any evidence and may grant the claim in full, grant it in part, or deny it.
After a ruling
If a claim is denied, a new claim generally requires a material change in circumstances, such as a job loss, a new dependent or a significant drop in income. That is why the first filing matters so much.
Timing traps worth knowing
- Withholding continues while the claim is pending. Your employer keeps following the order until the levying officer or the court says otherwise.
- Each pay period counts. There is no 30-day answer deadline like there is in a lawsuit, but every pay period that passes before filing is another paycheck reduced under the order.
- Bank levies use a different form. Money taken from a bank account calls for a claim of exemption on form EJ-160, with its own short deadline after the levy notice.
- Hearing notices need prompt attention. Missing the hearing can mean the claim is decided without your side being heard.
When a lawyer or the automatic stay is the faster fix
A claim of exemption is a narrow tool. It addresses one garnishment from one creditor and does nothing about the judgment itself or about other debts. When several creditors hold judgments, when the original lawsuit was never properly served, or when the household simply cannot absorb any withholding, other options may work faster. A bankruptcy filing stops the garnishment through the automatic stay, as explained in does bankruptcy stop wage garnishment, and a motion to vacate may address a defective judgment. Our overview of how to stop wage garnishment in California compares these routes.
From its Pleasanton office, The Somal Law Firm represents people across Alameda and Contra Costa Counties who are facing garnishment, with wage garnishment relief and bankruptcy both listed among its practice areas. On a claim of exemption, an attorney can prepare the forms, assemble the supporting documents and handle the hearing if the creditor opposes.
Frequently asked questions
Does a claim of exemption work against an FTB or IRS garnishment?
Not through this process. The FTB and the IRS issue their own withholding orders and handle hardship requests and releases directly, without a levying officer or Form WG-006. Our page on FTB wage garnishment in California covers the state tax version.
Will filing the claim stop withholding right away?
Not on its own. Withholding usually continues until the levying officer changes the order after an unopposed claim, or until the court rules after a hearing.
Do I have to go to court?
Only if the creditor opposes. Without an opposition, the claim is resolved without a hearing. If one is set, the judge will expect the budget to be supported with documents.
Can my employer decide the claim or stop the garnishment?
No. The employer's role is to withhold as ordered, send the money to the levying officer, and adjust when instructed. It must also give the employee a copy of the order and the Employee Instructions, which explain how the claim process works.
If the household budget no longer works with the current withholding, call (415) 754-0115 to schedule your free consultation. With the Earnings Withholding Order, the Employee Instructions, a few recent pay stubs and a rough budget on hand, an attorney can review whether a claim of exemption, a challenge to the judgment, or the automatic stay fits your situation. You can also reach us through the contact page.
Attorney Advertising. This article is general legal information for Bay Area residents, not legal advice, and does not create an attorney–client relationship. Every situation is different — please consult a licensed attorney about your specific circumstances.