Fill and Sign the Instructions Garnishment Form

WG-003 EMPLOYEE INSTRUCTIONS -NOTICE- -NOTICIA- IMPORTANT LEGAL NOTICE TO EMPLOYEE NOTICIA LEGAL IMPORTANTE RESPECTO ABOUT EARNINGS WITHHOLDING ORDERS A LAS ORDENES DE RETENCION DE SUELDO (Wage Garnishment) El Orden de Retención de Sueldo requiere que su The Earnings Withholding Order requires your empleador pagé una parte de su sueldo a un oficial employer to pay part of your earnings to the sheriff or de retención. El oficial le pagará el dinero retenido a other levying officer. The levying officer will pay the su acreedor que ha consiguido una decisión judicial money to a creditor who has a court judgment you. en contra de Ud. Pida Ud. que un amigo o su The against information below may help you protect abogado le lea este papel oficial. Esta información le the 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 if a. You use some of your earnings for luxuries and they aren't really necessary for support; OR b. The money you owe is for food, clothing, medical care, or housing; OR c. You owe the debt for past due child support or spousal support (alimony); OR d. 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 2 Approved by the EMPLOYEE INSTRUCTIONS Code of Civil Procedure, § 706.122 Judicial Council of California WG-003 [Rev. January 1, 2007] (Wage Garnishment) WG-003 HOW DO YOU ASK FOR AN EXEMPTION? 1. Call or write the levying officer for three (3) copies each of the judgment 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 officer agree 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 of 2. Fill out both forms. On the forms are some sentences or words exemption. (See (1) below. ) which have boxes in front of them. The box means the words which follow may not apply to your case. If the words do 5. Sign the Claim of Exemption and Financial Statement forms. Be apply, 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 Statement form 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 levying details about your needs. officer. Keep one copy for yourself in case a court hearing is 3. For example, if your child has special medical expenses, tell which necessary. child, what illnesses, who the doctor is, how often the doctor must be visited, the cost per visit, and the costs of medicines. These Do not use the Claim of Exemption and Financial Statement forms to details should be listed in item 6. If you need more space, put ''See seek a modification of child support or alimony payments. These attachment 6'' and attach a typed 8% by 11 sheet of paper on which payments can be modified only by the family law court that ordered you have explained your expenses in detail. them. FILE YOUR CLAIM OF EXEMPTION AS SOON AS POSSIBLE FOR 4. 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 correct exemption. 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 will be paid to you or paid as you direct. And you will get back earnings Perhaps you can even prove the Notice of Opposition is wrong. For the levying officer or your employer were holding when you asked example, 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 this happens, you will receive a Notice of Opposition and Notice of If the judge at the hearing agrees with you, your employer will be Hearing on Claim of Exemption, in which the creditor states why ordered to stop withholding your earnings or withhold less money. The your exemption should not be allowed. A box in the middle of the judge can even order that the EWO end before the hearing (so you Notice 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 you can. If the judge does not agree with you, the withholding will continue If 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 complex Hearing 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 Financial Statement and the creditor's Notice of Opposition, you need not go to If you have one court hearing, you should not file another Claim of the 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 the creditor 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 sign hearing, take any bills, paycheck stubs, cancelled checks, or other the notice to your employer of the change. He may give you permission evidence (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 of EWO until he receives a notice signed by the levying officer to change Exemption is denied or takes effect. At that time your earnings will be the order or end it early. paid according to the law that applies to your case. REGARDING CHILD SUPPORT If you are obligated to make child support payments, the family support available to be withheld for an EWO . And, if the district attorney is division of your district attorney's office may help you to have an Order involved in collecting this support from you, he may agree to accept Assigning 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 be WHAT 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. Department might 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 are law 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 in 706.105 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)