Money & Debt · Wage Garnishment
Wage Garnishment Laws in California
How much of your paycheck a creditor can take in California, the pay that is fully protected, and what to do right now if a garnishment has started, cited to the statute.
The limit and what is protected in California
How much a creditor can take, the pay that is exempt, and where it comes from in the code.
| Most a creditor can take | 20% of disposable earnings |
| How the limit works | A larger protected amount than the federal floor |
| Fully protected pay | Weekly disposable pay up to 48 times the minimum hourly wage is fully protected. At the 2026 California state minimum wage of $16.90 an hour that is $811.20 a week. Where you work under a higher local city or county minimum wage, that higher rate is used, so the protected amount is larger. |
| Other exemptions |
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| Federal backstop | The federal 25% / 30× minimum-wage floor also applies; a creditor can never take more than federal law allows. |
| Statute | Cal. Code Civ. Proc. §706.050 |
California tightened this rule effective September 1, 2023. The formula in Cal. Code Civ. Proc. §706.050 is now the lesser of 20% of weekly disposable earnings or 40% of the amount by which weekly disposable earnings exceed 48 times the state (or higher local) minimum hourly wage. The older 25% and 40-times figures no longer apply. For pay periods other than weekly the statute multiplies the hourly minimum wage by set hours: 96 for biweekly, 104 for semimonthly, and 208 for monthly.
The protected amount moves with the minimum wage. California adjusts the state minimum wage each January 1, and it rose to $16.90 an hour for 2026. When the minimum wage goes up, 48 times that figure goes up with it, so the weekly protected amount increases automatically.
What you can do right now
Concrete, neutral steps if your wages are being garnished in California. This is legal information, not legal advice.
- Check whether the 48-times floor already protects your pay
Take your weekly disposable earnings, the take-home after legally required deductions, and subtract 48 times the minimum wage that applies where you work ($811.20 at the 2026 state rate, more under a higher local wage). If the result is zero or negative, nothing can be taken on an ordinary consumer judgment.
- File a Claim of Exemption if the amount is too much
Even when some pay is available, you can file a Claim of Exemption (form WG-006) with the levying officer to lower or stop the garnishment when the standard withholding would keep you from meeting basic living costs. There is a short deadline stated on the papers you receive, so act quickly.
- Watch your bank account for a levy
A creditor can also try to levy wages already deposited in your bank. If your account is frozen, you can claim exemptions for those funds too. Keep records that trace the money to your earnings so you can identify what should be protected.
- Get free California legal help
A court self-help center or a local legal aid office can help you fill out the Claim of Exemption and confirm which minimum wage applies where you work. This is legal information, not legal advice, so check your own situation with a lawyer or self-help center.
You do not have to face a garnishment alone. This resource can help you check whether an exemption applies and how to file the paperwork.
→ California Courts Self-Help Guide (wage garnishment)This is general legal information, not legal advice. Deadlines to claim an exemption are short and vary by court, so act quickly and confirm the specifics for your case.
What California workers get wrong
Most people assume a creditor can grab 25% of every paycheck. In California that is out of date and too high. As of September 1, 2023, Cal. Code Civ. Proc. §706.050 lets a creditor take only the lesser of two numbers on an ordinary consumer judgment: 20% of your weekly disposable earnings, or 40% of the amount your weekly disposable earnings rise above 48 times the minimum hourly wage. The second number is the powerful one. At the 2026 state minimum wage of $16.90 an hour, 48 times is $811.20, so the first $811.20 of weekly disposable pay cannot be touched at all. If you work in a city or county with a higher local minimum wage, that higher rate is used and even more of your pay is protected. Because this floor sits far above the federal 30-times floor of $217.50, California shields more of a paycheck than most states, and many workers have nothing a creditor can reach.
Common questions
How much of my paycheck can a creditor garnish in California?
On an ordinary consumer judgment a creditor can take the lesser of 20% of your weekly disposable earnings or 40% of the amount by which those earnings exceed 48 times the minimum hourly wage that applies where you work. At the 2026 state minimum wage of $16.90 an hour, the first $811.20 a week is fully protected, and often the smaller of the two numbers leaves little or nothing to take.
How does the 48-times-minimum-wage floor work in California?
Cal. Code Civ. Proc. §706.050 protects weekly disposable pay up to 48 times the minimum hourly wage in effect where you work. At the $16.90 state minimum wage that is $811.20 a week. A creditor can reach only 40% of anything above that line, and never more than 20% of your total disposable pay. If your weekly disposable pay is at or below $811.20, nothing can be garnished for an ordinary consumer debt.
Does my city minimum wage change how much can be garnished?
Yes. If you work in a California city or county with a local minimum wage higher than the $16.90 state rate, the statute uses that higher local wage. Because the protected amount is 48 times the applicable minimum wage, a higher local wage raises the fully protected amount above $811.20 a week and reduces what a creditor can take.
What is a Claim of Exemption and how do I file one in California?
A Claim of Exemption (form WG-006) is how you ask the court to reduce or stop a wage garnishment when the standard amount would leave you unable to cover basic living costs for yourself and your family. You file it with the levying officer named on your papers, by the deadline stated there. A court self-help center can help you complete it.
Did California wage garnishment law change recently?
Yes. Effective September 1, 2023, California moved from the old formula, which allowed 25% and used 40 times the minimum wage, to a more protective rule of 20% and 48 times the minimum wage under SB 1477. The change lowered the percentage a creditor can take and raised the amount of pay that is fully protected.
What debts can still reach my California paycheck?
The §706.050 limits cover ordinary consumer judgments. They do not stop garnishment for child support or spousal support, unpaid federal or state taxes, or defaulted federal student loans. Those follow their own rules and can take a share of your pay regardless of the 48-times floor.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.