Wage Garnishment

A creditor can only garnish up to 25% of a debtor’s earned wages. However, the debtor may be eligible to claim that all or part of the 25 percent is exempt as necessary for the support of the debtor and their family.

The wage exemptions may be not be available unless the judgment debtor is an employee as defined by CCP Section 706.011(c). What this means is that if the earnings are of a self employed person or a sole proprietor then you might be able to garnish up to 100 percent of their wages.

Also a person can only be the subject of one wage garnishment at a time. If a prior garnishment is in effect then the second is ineffective.