The Short Answer
In California, the maximum amount that can be garnished from your paycheck is the lesser of:
- 20% of your disposable earnings; or
- the amount by which your disposable earnings exceed 48 times the applicable minimum wage per week (scaled for your actual pay period).
For example: weekly disposable earnings of $1,000 with a state minimum wage of $16.90 per hour.
- Option A — 20% cap: 20% × $1,000 = $200
- Option B — excess over 48× floor: $1,000 − (48 × $16.90) = $1,000 − $811.20 = $188.80
The lesser amount is $188.80 — the most a creditor can take from that paycheck. The 48× floor (Option B) is the binding limit in this example; the 20% cap matters when your earnings are higher.
The formula becomes more nuanced when you factor in different pay periods, local minimum wage rates, and the type of debt. The sections below walk through each variable in full. Need a quick answer? Try the California Wage Garnishment Calculator for an instant, accurate calculation.
The formula applies to disposable earnings — your gross pay minus mandatory deductions only. Voluntary deductions like 401(k) contributions or health insurance premiums are not subtracted. This means disposable earnings are usually higher than your take-home pay, and the garnishable amount may be larger than many employees expect.
What Is Wage Garnishment in California?
Wage garnishment is a legal process in which a creditor or government agency obtains a court order requiring your employer to withhold a portion of your wages and send it directly to satisfy a debt. The creditor doesn't collect the money from you — your employer sends it on your behalf, automatically, each pay period.
In California, the process typically begins after a court enters a judgment against you. The creditor then obtains an Earnings Withholding Order (EWO) — officially form WG-002 — and has it served on your employer through a levying officer (usually the county sheriff or marshal). Once the EWO is received, your employer must begin withholding within the legally required timeframe and remit funds via the levying officer to the creditor.
After a garnishment notice is served on you, you have only 10 days to file a Claim of Exemption (forms WG-006 and WG-007) with the levying officer if you believe your income should be protected. Missing this deadline can result in significant ongoing wage loss.
Types of Wage Garnishment in California
Not all garnishments are the same. The rules, limits, and procedures differ based on the underlying debt:
- Consumer debt — credit cards, medical bills, personal loans (subject to the 20% / 48× formula under CCP § 706.050)
- Child support — governed by federal and state guidelines with higher withholding limits (50–65% of disposable earnings)
- Student loans — federal administrative garnishment limited to 15% of disposable income
- State tax (FTB) — up to 20% of disposable earnings via the FTB's own withholding process
- Federal tax (IRS) — based on filing status and exemptions under IRS levy rules, not the California formula
Understanding Disposable Earnings — The Foundation of the Formula
Every step in California's garnishment calculation flows from one number: your disposable earnings. Getting this figure wrong — in either direction — produces an incorrect result, which is why it deserves its own section.
Definition
Disposable earnings are your gross wages for the pay period minus deductions that are legally required by law. The key distinction is mandatory versus voluntary.
What Counts as Earnings?
For garnishment purposes, earnings include hourly wages and salary, commissions and bonuses, paid vacation and sick leave payouts, and severance pay. Tips and gratuities are generally not included, nor are business expense reimbursements.
Mandatory Deductions — Subtract These
The following are legally required and reduce your disposable earnings:
- Federal income tax withholding
- California state income tax withholding
- Social Security (FICA) — 6.2% of wages up to the annual wage base
- Medicare — 1.45% of all wages
- California State Disability Insurance (SDI)
- Mandatory retirement contributions (e.g., CalPERS for state employees)
Voluntary Deductions — Do NOT Subtract These
The following are chosen by the employee and do not reduce disposable earnings for garnishment purposes:
- 401(k), 403(b), and similar elective retirement contributions
- Health, dental, and vision insurance premiums
- Life and supplemental insurance premiums
- Union dues
- Charitable payroll deductions
- Voluntary Roth or traditional IRA contributions
Many employees believe that their 401(k) contribution or health insurance premium reduces the amount that can be garnished. It does not. Because those deductions are voluntary, garnishment is calculated on the amount after mandatory deductions but before voluntary ones — meaning your disposable earnings are typically higher than your take-home pay, and more of your wages may be exposed to garnishment than you expect.
NOT subtracted: 401(k) contributions, health insurance premiums, union dues, life insurance, charitable deductions
The California Wage Garnishment Formula — Step by Step
The legal formula for wage garnishment in California is codified in California Code of Civil Procedure § 706.050. The maximum withheld per pay period is the lesser of two amounts:
- 20% of your disposable earnings; or
- Your disposable earnings minus 48 times the applicable minimum wage (scaled for your pay period).
Step 1 — Calculate Your Disposable Earnings
Start with your gross pay for the pay period. Subtract all mandatory deductions — federal and state income tax, Social Security, Medicare, SDI, and mandatory retirement contributions. The result is your disposable earnings.
Step 2 — Identify the Applicable Minimum Wage
Use whichever rate is highest — state, county, or city — for your work location. For 2026:
- California state minimum wage: $16.90/hour (most workers)
- Certain state workers: $16.90/hour
- Local minimum wages: Los Angeles ≈ $17.28/hour, San Francisco ≈ $18.67/hour, Oakland ≈ $16.90/hour — always verify the current local rate with the applicable city or county
CCP § 706.050 explicitly requires using the highest applicable minimum wage — state, county, or city — for the employee's worksite. The higher the minimum wage, the larger your protected floor, and the less of your wages a creditor can reach.
Step 3 — Multiply Minimum Wage by 40 (for Weekly Pay)
Multiply the applicable minimum wage by 48 to find the protected floor for a weekly pay period. This is the amount below which a creditor cannot reach — regardless of what 20% of your earnings would otherwise permit.
- State rate: 48 × $16.90 = $811.20 protected per week
- Los Angeles: 48 × $17.28 = $829.44 protected per week
- San Francisco: 48 × $18.67 = $896.16 protected per week
For pay periods other than weekly, scale the multiplier proportionally. See the Pay Period Multipliers section below.
Step 4 — Calculate Both Options
- Option A: 20% × disposable earnings
- Option B: Disposable earnings − (48 × applicable minimum wage) — use $0 if this result is negative
Step 5 — The "Lesser Of" Rule
Your maximum garnishment is the lesser of Option A and Option B. If Option B is zero or negative (your earnings fall at or below the 48× floor), no garnishment can be taken regardless of what 20% would yield.
If your disposable earnings equal exactly 48× the applicable minimum wage (e.g., exactly $811.20/week at $16.90/hour), Option B is $0. Since the lesser of any positive Option A and $0 is $0, your wages are fully protected. No garnishment can be taken in that pay period, even though 20% of $811.20 would be $162.24.
For pay periods other than weekly, scale the 48× multiplier proportionally.
Official sources: CCP § 706.050 | CA DLSE — Wage Garnishment | DLSE Garnishment FAQ
Pay Period Multipliers — For Non-Weekly Pay
The statutory formula uses 48 times the minimum wage as the protected floor for a weekly pay period. For employees paid biweekly, semimonthly, or monthly, the multiplier is scaled proportionally to cover the equivalent number of working hours.
| Pay Period | Statutory Multiplier | Protected Floor at $16.90/hr | Protected Floor at $17.28/hr (LA) |
|---|---|---|---|
| Weekly | 48× | $811.20 | $829.44 |
| Biweekly | 96× | $1,622.40 | $1,658.88 |
| Semimonthly | 104× | $1,757.60 | $1,797.12 |
| Monthly | 208× | $3,515.20 | $3,594.24 |
Some legal practitioners and payroll systems may use the prior statutory multipliers (40× weekly, 80× biweekly, 86.67× semimonthly, 173.33× monthly) where legacy systems have not been updated for SB 1477. The table above reflects the current statutory framework. When in doubt, consult the levying officer or a California employment attorney, as the applicable multiplier may affect garnishment calculations.
Using the wrong multiplier is one of the most common errors in garnishment calculations. If you are paid biweekly and your employer uses the weekly multiplier (48×) by mistake, your garnishment will be overstated — and you will lose more of your wages than the law allows. Under SB 1477 the correct weekly multiplier is 48×; for biweekly use 96×, not 80×.
Real-World Calculation Examples
These examples use the statutory multipliers (48× for weekly, 80× for biweekly) and the 2026 California state minimum wage of $16.90 per hour. All disposable earnings figures are post-mandatory-deduction amounts.
Example 1 — Low-Income Worker (Fully Protected)
Scenario: Weekly pay, disposable earnings = $600, state minimum wage $16.90.
- Option A: 20% × $600 = $120
- Option B: $600 − (48 × $16.90) = $600 − $811.20 = −$211.20 → $0
- Maximum garnishment: lesser of $120 and $0 = $0
Result: Wages are fully protected. The 48× floor ($811.20) exceeds disposable earnings ($600), so no garnishment can be taken this pay period regardless of the outstanding debt.
Example 2 — Moderate-Income Worker (48× Floor Applies)
Scenario: Weekly pay, disposable earnings = $1,000, state minimum wage $16.90.
- Option A: 20% × $1,000 = $200
- Option B: $1,000 − (48 × $16.90) = $1,000 − $811.20 = $188.80
- Maximum garnishment: lesser of $200 and $188.80 = $188.80
Result: The 48× floor (Option B) is the binding limit. The creditor receives $188.80; the worker keeps $811.20.
Example 3 — High-Income Worker (20% Cap Applies)
Scenario: Weekly pay, disposable earnings = $2,000, state minimum wage $16.90.
- Option A: 20% × $2,000 = $400
- Option B: $2,000 − (48 × $16.90) = $2,000 − $811.20 = $1,188.80
- Maximum garnishment: lesser of $400 and $1,188.80 = $400
Result: The 20% cap (Option A) controls. At higher incomes, Option B always exceeds Option A, so the 20% limit is what binds. The worker keeps $1,600.
Example 4 — Biweekly Pay Period
Scenario: Biweekly pay, disposable earnings = $2,200, state minimum wage $16.90 (96× multiplier).
- Option A: 20% × $2,200 = $440
- Option B: $2,200 − (96 × $16.90) = $2,200 − $1,622.40 = $577.60
- Maximum garnishment: lesser of $440 and $577.60 = $440
Result: The 20% cap applies. The garnishment is $440 for the two-week pay period.
Example 5 — Local Minimum Wage Impact
Scenario: Weekly pay, disposable earnings = $850. Comparing a worker at the California state rate ($16.90) versus a worker in Los Angeles (≈$17.28).
- State rate ($16.90): Option A = $170 | Option B = $850 − $811.20 = $38.80 | Garnishment = $38.80
- LA rate ($17.28): Option A = $170 | Option B = $850 − $829.44 = $20.56 | Garnishment = $20.56
Result: The Los Angeles worker pays roughly $18.24 less per week in garnishment simply because the higher local minimum wage raises the protected floor. Over a full year, this difference adds up to approximately $948 in additional take-home pay.
Different Rules for Different Debts
The 20% / 48× formula under CCP § 706.050 applies to consumer debt — credit cards, medical bills, personal loans, and most civil court judgments. Other categories of debt follow distinct legal frameworks, often with higher withholding limits.
| Debt Type | Maximum Garnishment | Governing Law / Notes |
|---|---|---|
| Consumer debt (credit cards, medical bills, personal loans) | Lesser of 20% of disposable earnings or excess over 48× minimum wage | CCP § 706.050; requires a court judgment and EWO |
| Child support | 50–65% of disposable earnings | Higher limit applies if not currently supporting another spouse or child; federal Consumer Credit Protection Act governs |
| Student loans (federal) | 15% of disposable earnings | Administrative garnishment without a court order; separate federal formula applies |
| State tax (FTB) | Up to 20% of disposable earnings | FTB may act without a court judgment; its own administrative process applies |
| Federal tax (IRS) | Varies by filing status and number of exemptions | IRS levy rules apply; different and often more aggressive than California consumer debt limits |
If you have multiple garnishment orders, they are applied in a legally defined priority sequence. Child support takes precedence over consumer debt. The total amount withheld in any pay period cannot exceed the cap for the highest-priority debt. Your employer is responsible for applying the correct priority order — but errors do occur, and it is worth verifying the withholding amount on each paystub.
Claim of Exemption — How to Protect Your Income
Even when the formula allows a garnishment, California law gives you the right to challenge it if withholding would leave you unable to meet your basic living expenses. The mechanism is the Claim of Exemption.
Who May Qualify?
You may be eligible if garnishment would leave you without enough income to cover essential needs for yourself or your dependents, including rent or mortgage payments, food, utilities, medical care, child care, and transportation to work. The standard is financial hardship, and the court evaluates your actual income against your actual necessary expenses.
Forms Required
- WG-006 — Claim of Exemption (wage garnishment)
- WG-007 — Financial Statement (detailed breakdown of your income and necessary monthly expenses)
These forms are available from the California Courts website (courts.ca.gov) and from the levying officer (county sheriff or marshal).
The 10-Day Deadline
You must file your completed Claim of Exemption with the levying officer within 10 calendar days of being served with the garnishment notice. This deadline is strict. A late filing is only accepted with a demonstrated showing of good cause, and there is no guarantee the court will grant the extension.
Step-by-Step Filing Process
- Receive the garnishment notice (Earnings Withholding Order) from the levying officer.
- Complete forms WG-006 (Claim of Exemption) and WG-007 (Financial Statement) accurately and in full. Incomplete forms may be rejected.
- File both forms with the levying officer — in person or by mail with adequate time before the deadline.
- The levying officer forwards your claim to the creditor and the court.
- The creditor has 10 days to file a written objection. If no objection is filed, garnishment is suspended.
- If the creditor objects, the court schedules a hearing where a judge decides whether to grant, deny, or modify the exemption.
The 10-day window is genuinely short — especially when accounting for mailing time if you file by mail. If you receive a garnishment notice, treat it as urgent. Gather your pay stubs, bank statements, and a list of monthly expenses immediately. The sooner you file, the less risk of missing the deadline.
Employer Obligations & Protections for Workers
What Your Employer Must Do
Upon receiving an Earnings Withholding Order, your employer is legally required to calculate the correct withholding using the formula above, begin withholding within the required timeframe, remit withheld funds to the levying officer on schedule, and return a completed form WG-005 (Employer's Return) to the levying officer confirming compliance.
Employers who fail to comply with a valid EWO can be held liable for the amount they should have withheld. This means your employer has a strong legal incentive to act promptly and accurately.
Federal and State Anti-Retaliation Protections
California Labor Code § 2929(a) prohibits employers from discharging, disciplining, or otherwise discriminating against an employee solely because the employee's wages are subject to garnishment for one judgment. This protection does not extend to situations involving multiple simultaneous garnishments or certain child support orders.
The federal Consumer Credit Protection Act (CCPA) provides a parallel floor of protection against discharge for a single garnishment, regardless of the amount. California law operates alongside the CCPA: when the two differ, whichever gives the employee greater protection applies. If you believe your employer has retaliated against you for a garnishment, contact the California Labor Commissioner's Office or consult an employment attorney.
The single-judgment anti-retaliation protection under California Labor Code § 2929(a) may not apply if you have two or more simultaneous garnishments. Employers are not automatically prohibited from taking adverse action in that scenario, though other legal protections may still apply. If you are in this situation, seek legal advice before assuming you are fully protected.
Recent Changes — AB 2837 (2025)
Assembly Bill 2837 took effect in 2025 and introduced several procedural changes to California's wage garnishment framework. If you are navigating a garnishment order in 2026, these changes are now part of the governing rules.
Key Changes Under AB 2837
- Address verification: Creditors must now satisfy new requirements for verifying the debtor's current address before an Earnings Withholding Order can be issued — reducing the risk of orders being sent to outdated addresses.
- Withholding period and renewals: The statute modified the duration of EWOs and the process for renewing or extending them, affecting how long an active garnishment can remain in force without additional court action.
- Employer response requirements: The timeline and required content of the Employer's Return (WG-005) were clarified, providing clearer guidance to payroll departments.
- Exemption procedures: Updates were made to the procedures for filing and processing Claim of Exemption forms, potentially affecting deadlines and hearing schedules.
Specific procedural details under AB 2837 should be verified against the current statutory text, available at the California Legislative Information website (leginfo.legislature.ca.gov). If your garnishment was issued before 2025, check whether the new rules apply retroactively to your situation — some provisions apply to all active orders, while others apply only to orders issued on or after the effective date.
Common Mistakes to Avoid
The following errors appear frequently among employees, employers, and even payroll administrators dealing with California wage garnishment. Each one can result in incorrect withholding — either too much or too little — with real financial consequences.
- Confusing gross pay with disposable earnings. Disposable earnings are after mandatory deductions but before voluntary ones. Using gross pay overstates the garnishable amount; using take-home pay understates it.
- Using the state minimum wage when a higher local rate applies. If your work location has a city or county minimum wage above $16.90, you must use that higher rate. Failing to do so shrinks your protected floor and exposes more of your wages than the law allows.
- Missing the 10-day Claim of Exemption deadline. The clock starts the day the garnishment notice is served on you — not the day it arrives by mail. If you receive a notice, treat it as urgent and file immediately.
- Assuming voluntary deductions reduce garnishment. 401(k) contributions, health insurance premiums, and other voluntary deductions have no effect on your disposable earnings for garnishment purposes.
- Not knowing the 48× floor can result in zero garnishment. Employees with lower wages may be fully protected in a given pay period because their disposable earnings fall at or below the 48× minimum wage threshold. Many people make partial payments on a judgment without realizing the garnishment was legally limited to zero for that period.
- Ignoring the garnishment notice. A garnishment order is a court-backed legal instrument. Ignoring it does not delay or stop withholding — your employer will comply regardless, and you will have lost time you could have used to file an exemption.
- Using the wrong pay period multiplier. A biweekly employee whose employer calculates garnishment using the weekly multiplier will have too much withheld. Always verify that the multiplier matches your actual pay frequency.
- Failing to document everything. Keep copies of the garnishment notice, any exemption forms you file, proof of filing, and all related correspondence. These records are essential if there is a dispute about the amount withheld or the timeline.
Frequently Asked Questions
How much of my paycheck can be garnished in California?
The maximum is the lesser of (1) 20% of your disposable earnings, or (2) the amount by which your disposable earnings exceed 48 times the applicable minimum wage (scaled for your pay period). For 2026 at the state minimum wage of $16.90, a weekly earner with $1,000 in disposable earnings has a maximum garnishment of $188.80 — because the excess over the 48× floor ($188.80) is less than 20% ($200).
What are disposable earnings for wage garnishment in California?
Disposable earnings are your gross pay minus mandatory deductions required by law: federal and state income tax withholding, Social Security, Medicare, SDI, and mandatory retirement contributions. Voluntary deductions — 401(k) contributions, health insurance premiums, union dues — do not reduce your disposable earnings for garnishment purposes. This means your disposable earnings are usually higher than your take-home pay.
Does the 48 times minimum wage rule apply to all pay periods?
Yes, but the multiplier scales with your pay period. The statutory base is 48× for weekly pay. For biweekly pay, use 80× the minimum wage; for semimonthly, approximately 86.67×; and for monthly, approximately 173.33×. Some practitioners use slightly higher rounded figures (such as 48× weekly or 96× biweekly), which provide marginally more protection. When in doubt about which multiplier applies to your situation, consult the levying officer or an employment attorney.
How do I stop a wage garnishment in California?
File a Claim of Exemption using forms WG-006 and WG-007 with the levying officer (typically the county sheriff) within 10 days of receiving the garnishment notice. The forms require a detailed financial statement showing that the garnishment creates a hardship — that you cannot meet basic living expenses for yourself or your dependents. If the creditor objects, a court hearing is scheduled and a judge decides whether to grant, reduce, or deny the exemption.
Does local minimum wage affect California wage garnishment calculations?
Yes. CCP § 706.050 explicitly requires using the highest applicable minimum wage — state, county, or city — for the employee's work location. Workers in cities like Los Angeles, San Francisco, and Berkeley benefit from higher protected floors, meaning less of their wages can be reached by a garnishment order.
Can my employer fire me for having a wage garnishment?
California Labor Code § 2929(a) prohibits employers from firing, disciplining, or discriminating against an employee solely because wages have been garnished for one judgment. This protection does not automatically extend to employees with multiple simultaneous garnishments. Federal law (the Consumer Credit Protection Act) provides a parallel anti-discharge protection that applies nationally. If you believe you have been retaliated against, contact the California Labor Commissioner's Office.
What is the difference between a consumer debt garnishment and a child support garnishment?
Consumer debt garnishments (credit cards, medical bills, personal loans) are capped at the lesser of 20% of disposable earnings or the excess over 48× the minimum wage. Child support garnishments can reach 50–65% of disposable earnings, depending on whether you are currently supporting another spouse or child. Tax garnishments and student loan garnishments each operate under their own separate statutory frameworks with different limits and procedures.
What changed with AB 2837 for California wage garnishment?
AB 2837, effective 2025, introduced new address verification requirements before an EWO can be issued, modified the duration and renewal process for withholding orders, clarified employer response timelines (WG-005), and updated exemption claim procedures. Both the calculation formula and the protected amounts under CCP § 706.050 remain unchanged; the modifications are primarily procedural. Verify the current requirements at the California Legislative Information website (leginfo.legislature.ca.gov).
Can my wages be garnished without a court order?
For consumer debt, a court judgment and an Earnings Withholding Order are required before any garnishment can begin. However, certain government agencies can bypass this process: the Franchise Tax Board (FTB) can garnish wages for state tax debts through its own administrative process, and the IRS can levy wages for federal tax debts without a court order. Federal student loan administrators also have administrative garnishment authority under federal law.
What income is exempt from wage garnishment in California?
For wage garnishment specifically, the protected amount is the portion of disposable earnings that falls below the 48× minimum wage threshold for the pay period — as calculated under CCP § 706.050. Separately, certain income sources are fully exempt from garnishment as a matter of law, including Social Security retirement and disability benefits, Supplemental Security Income (SSI), veterans' benefits, and California public assistance payments. Note that wage garnishment and bank account levy are distinct legal processes: exempt income that has been deposited into a bank account may be subject to a bank levy under different rules, even if it would be protected from direct wage garnishment.
Key Takeaways
- The formula: Maximum garnishment = the lesser of 20% of disposable earnings or (disposable earnings minus 48× the applicable minimum wage). If the second amount is zero or negative, no garnishment can be taken.
- Disposable earnings = gross pay minus mandatory deductions only. Voluntary deductions like 401(k) contributions and health insurance premiums do not reduce the amount subject to garnishment.
- Local minimum wage increases your protection. If your city or county minimum wage exceeds the California state rate, that higher rate must be used in the calculation, raising your protected floor.
- Pay period multipliers: 48× (weekly), 96× (biweekly), 104× (semimonthly), 208× (monthly). Using the wrong multiplier can result in illegal over-withholding.
- You have only 10 days to file a Claim of Exemption (WG-006 / WG-007) after receiving a garnishment notice. Act immediately.
- Different debts have different limits. The 20%/48× formula applies to consumer debt. Child support can reach 50–65%; federal student loans are limited to 15%; tax garnishments follow separate rules.
- AB 2837 (2025) changed address verification requirements, EWO duration and renewal, employer response timelines, and exemption procedures — but did not change the underlying calculation formula.
- Anti-retaliation protection: California Labor Code § 2929(a) prohibits termination for a single garnishment judgment. Federal law (CCPA) provides a parallel floor of protection.
See how California overtime affects your disposable earnings in our California Overtime Laws Complete Guide. For final paycheck scenarios, read about California PTO Payout Laws. Use the California Paycheck Calculator to see mandatory deductions on your own pay stub, or the California Waiting Time Penalty Calculator if your final paycheck was delayed.