How Can I Protect My Wages from Collection?
You, the judgment debtor, may be able to protect some of your wages from being taken to pay the judgment. (See California Code of Civil Procedure, Section 704.070 to 704.170 and Sections 706.050 and 706.051)
This information is itemized in a court form entitled Exemptions from the Enforcement of Judgments (Form EJ-155).
NOTE: Workers' compensation, unemployment, pensions, social security, welfare, or insurance payments are automatically protected and cannot be taken to satisfy a judgment.
Some of your wages are automatically protected, but sometimes you have to ask the court to decide whether other of your wages are exempt from collection or not.
|The judgment creditor has time to object to your Claim of Exemption:
The way the judgment creditor objects is by filing three forms with the court:
The judgment creditor must serve you with copies of these forms.
The judgment creditor must also give the levying officer copies of these forms. The levying officer will then file your Claim of Exemption (and Financial Statement) with the court for the hearing.
The court must hold a hearing on your Claim and the judgment creditor’s Opposition within 20 days from the date the judgment creditor filed the Opposition papers with the court.
Go to the hearing prepared with any documents that prove why your wages should not be taken. For example, take your pay stubs, receipts of your living expenses and that of your family, etc. You should prove to the court the amounts in the Financial Statement you files with the levying officer.