0 chapters · 1,833 sections in this title.
Code Civ. Proc. § 706.127 Section 706.127
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(a) The Judicial Council shall prepare “employer’s instructions” for employers and revise or supplement these instructions to reflect changes in the law or rules regulating the withholding of earnings. (b) Except to the extent that they are included in the forms required to be pr…
Code Civ. Proc. § 706.128 Section 706.128
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The “judgment creditor’s notice of opposition to the claim of exemption” shall be executed under oath and shall include all of the following: (a) The name, last known address, and, if known, the social security number of the judgment debtor. (b) The name and address of the judgme…
Code Civ. Proc. § 706.129 Section 706.129
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The levying officer shall have copies of the forms for the “judgment debtor’s claim of exemption” and “judgment debtor’s financial statement” available at the levying officer’s office for distribution without charge to a person who desires to make a claim of exemption under Secti…
Code Civ. Proc. § 706.151 Section 706.151
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The Judicial Council may perform all acts required by the Administrator of the Wage and Hour Division of the United States Department of Labor as conditions to exemption of this state from the earnings garnishment provisions of the Consumer Credit Protection Act of 1968 (15 U.S.C…
Code Civ. Proc. § 706.152 Section 706.152
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If an employer withholds earnings pursuant to this chapter and, with the intent to defraud either the judgment creditor or the judgment debtor, fails to pay such withheld earnings over to the levying officer, the employer is guilty of a misdemeanor.
Code Civ. Proc. § 706.153 Section 706.153
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(a) No employer shall defer or accelerate any payment of earnings to an employee with the intent to defeat or diminish the judgment creditor’s rights under an earnings withholding order issued pursuant to the procedures provided by this chapter. (b) If an employer violates this s…
Code Civ. Proc. § 706.154 Section 706.154
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(a) If an employer fails to withhold or to pay over the amount the employer is required to withhold and pay over pursuant to this chapter, the judgment creditor may bring a civil action against the employer to recover such amount. The remedy provided by this subdivision is not ex…