Civil Rights
Feb. 3, 2017
Limits on garnishment of low income debtors
It is important for attorneys and unrepresented litigants in judgment enforcement proceedings to know the facts and their rights and to provide the court hearing a claim of exemption with complete information.
The enforcement of a judgment involves balancing the creditor's rights and the debtor's needs for subsistence. The California Legislature strikes this balance by setting limits on the amount of a debtor's earnings that can be garnished. Traditionally, under Code of Civil Procedure Section 706.050, earnings can be garnished at a rate of 25 percent of the debtor's "disposable earnings." "Disposable earnings" are defined as the portion of earnings remaining "after deducting all amounts requir...
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