Fill and Sign the Employee Instructions California Courts Cagov Form

WG-003EMPLOYEE INSTRUCTIONS-NOTICE- -NOTICIA-IMPORTANT LEGAL NOTICE TO EMPLOYEE NOTICIA LEGAL IMPORTANTE RESPECTOABOUT EARNINGS WITHHOLDING ORDERSA LAS ORDENES DE RETENCION DE SUELDO(Wage Garnishment)El Orden de Retención de Sueldo requiere que suThe Earnings Withholding Order requires yourempleador pagé una parte de su sueldo a un oficialemployer to pay part of your earnings to the sheriff orde retención. El oficial le pagará el dinero retenido aother levying officer. The levying officer will pay thesu acreedor que ha consiguido una decisión judicialmoney to a creditor who has a court judgment you.en contra de Ud. Pida Ud. que un amigo o suThe against information below may help you protectabogado le lea este papel oficial. Esta información lethe money you earn.podria ayudar a proteger su sueldo.CAN YOU BE FIRED BECAUSE OF THIS?NO. You cannot be fired unless your earnings have been withheld before for a different court judgment. If this is the first judgment for which your wages will be withheld and your employer fires you because of this, the California Labor Commissioner, listed in the phone book of larger cities, can help you get your job back.HOW MUCH OF YOUR PAY WILL BE WITHHELD?The reverse of the Earnings Withholding Order (abbreviated in this notice as EWO) that applies to you contains Employer Instructions. These explain how much of your earnings can be withheld. Generally, the amount is about 25% of your take home pay until the amount due has been withheld. The levying officer will notify the employee of an additional assessment charged for paying out money collected under this order and that amount will also be withheld.If you have trouble figuring this out, ask your employer for help.IS THERE ANYTHING YOU CAN DO?YES. There are several possibilities.1. See an attorney. If you do not know an attorney, check with the lawyer referral service or the legal aid office in your county (both are listed in the yellow pages under ''Attorneys'').An attorney may be able to help you make an agreement with your creditor, or may be able to help you stop your earnings from being withheld. You may wish to consider bankruptcy or asking the bankruptcy court to help you pay your creditors. These possibilities may stop your wages from being withheld.An attorney can help you decide what is best for you. Take your EWO to the attorney to help you get the best advice and the fastest help.2. Try to work out an agreement yourself with your creditor. Call the creditor or the creditor's attorney, listed on the EWO. If you make an agreement, the withholding of your wages will stop or be changed to a smaller amount you agree on. (See item 4 on the reverse for another way to make an offer to your creditor.)3. You can ask for an EXEMPTION. An exemption will protect more, or maybe even all of your earnings. You can get an exemption if you need your earnings to support yourself or your family, but you cannot get an exemption ifa. You use some of your earnings for luxuries and they aren't really necessary for support; ORb. The money you owe is for food, clothing, medical care, or housing; ORc. You owe the debt for past due child support or spousal support (alimony); ORd. You owe the debt to a former employee for wages.HOW DO YOU ASK FOR AN EXEMPTION?(See the reverse of this form for instructions about claiming an exemption.)Page 1 of 2Approved by the EMPLOYEE INSTRUCTIONS Code of Civil Procedure, § 706.122Judicial Council of CaliforniaWG-003 [Rev. January 1, 2007] (Wage Garnishment) WG-003HOW DO YOU ASK FOR AN EXEMPTION?1. Call or write the levying officer for three (3) copies each of thejudgment creditor to have a specified amount withheld each pay forms called ''Claim of Exemption'' and ''Financial Statement.''period. Complete item 3 on the form to indicate the amount you These forms are free. The name and address of the levying officeragree to have withheld each pay day during the withholding are in the big box on the right at the top of the EWO.period. (Be sure it's less than the amount to be withheld otherwise.) If your creditor accepts your offer, he will not oppose your claim of2. Fill out both forms. On the forms are some sentences or wordsexemption. (See (1) below. )which have boxes in front of them. The box means thewords which follow may not apply to your case. If the words do5. Sign the Claim of Exemption and Financial Statement forms. Beapply, put a check in the box.sure the Claim of Exemption form shows the address where you receive mail.Remember, it is your job to prove with the Financial Statementform that your earnings are needed for support. Write down the 6. Mail or deliver two (2) copies of each of the two forms to the levyingdetails about your needs. officer. Keep one copy for yourself in case a court hearing is3. For example, if your child has special medical expenses, tell whichnecessary.child, what illnesses, who the doctor is, how often the doctor mustbe visited, the cost per visit, and the costs of medicines. TheseDo not use the Claim of Exemption and Financial Statement forms todetails should be listed in item 6. If you need more space, put ''Seeseek a modification of child support or alimony payments. Theseattachment 6'' and attach a typed 8% by 11 sheet of paper on whichpayments can be modified only by the family law court that orderedyou have explained your expenses in detail.them.FILE YOUR CLAIM OF EXEMPTION AS SOON AS POSSIBLE FOR4. You can use the Claim of Exemption form to make an offer to the THE MOST PROTECTION.ONE OF TWO THINGS WILL HAPPEN NEXT(1) The judgment creditor will not oppose (object to) your claim of you prove your Claim of Exemption and Financial Statement are correctexemption. If this happens, after 10 days the levying officer will tell and your earnings are needed to support yourself or your family.your employer to stop withholding or withhold less from your earnings. The part (or all) of your earnings needed for support willbe paid to you or paid as you direct. And you will get back earningsPerhaps you can even prove the Notice of Opposition is wrong. Forthe levying officer or your employer were holding when you askedexample, perhaps the Notice of Opposition states that the judgment for the exemption.was for a common necessary of life. This term is generally taken by courts to mean only the essentials that everyone needs to live; —OR— sometimes a court will have to decide the matter. For example, while coat may be a ''common necessary, a fur coat may not be.(2) The creditor will oppose (object to) your claim of exemption. If thishappens, you will receive a Notice of Opposition and Notice of If the judge at the hearing agrees with you, your employer will beHearing on Claim of Exemption, in which the creditor states why ordered to stop withholding your earnings or withhold less money. Theyour exemption should not be allowed. A box in the middle of the judge can even order that the EWO end before the hearing (so youNotice of Hearing tells you the time and place of the court hearing would get some earnings back).which will be in about ten days. Be sure to go to the hearing if youcan. If the judge does not agree with you, the withholding will continueIf the judgment creditor has checked the box in item 3 on the Notice of unless you appeal to a higher court. The rules for appeals are complexHearing on Claim of Exemption, the creditor will not be in court. If you so you should see an attorney if you want to appeal.are willing to have the court make its decision based on your FinancialStatement and the creditor's Notice of Opposition, you need not go to If you have one court hearing, you should not file another Claim ofthe hearing. Exemption about the same EWO unless your finances have gotten worse in an important way.The Notice of Opposition to Claim of Exemption will tell you why thecreditor thinks your claim should not be allowed. If you go to the If your EWO is to be changed or ended, the levying officer must signhearing, take any bills, paycheck stubs, cancelled checks, or other the notice to your employer of the change. He may give you permissionevidence (including witnesses) that will help to deliver it to the employer, or it can be mailed.WHAT HAPPENS TO YOUR EARNINGS IF YOU FILE A CLAIM OF EXEMPTION?Your employer must continue to hold back part of your earnings for the The levying officer will keep your withheld earnings until your Claim ofEWO until he receives a notice signed by the levying officer to change Exemption is denied or takes effect. At that time your earnings will bethe order or end it early. paid according to the law that applies to your case.REGARDING CHILD SUPPORTIf you are obligated to make child support payments, the family support available to be withheld for an EWO. And, if the district attorney isdivision of your district attorney's office may help you to have an Order involved in collecting this support from you, he may agree to acceptAssigning Salary or Wages entered. This order has the top priority less money if this special order is entered.claim on your earnings. When it is in effect, little or no money may beWHAT IF YOU STILL HAVE QUESTIONS?If you cannot see an attorney, or don't want to see an attorney, you Also, the office of the Wage and Hour Division of the U.S. Departmentmight be able to answer some of your questions by reading the law in a of Labor may be able to answer some of your questions. Offices arelaw library. Ask the law librarian to help you find sections 706.050 and listed in the telephone directory under the U.S. Department of Labor in706.105 of the California Code of Civil Procedure. Other sections of the the U.S. Government listing.code, beginning with section 706.010 may also answer some of your questions.WG-003 [Rev. January 1, 2007] EMPLOYEE INSTRUCTIONS Page 2 of 2(Wage Garnishment)