reglab/housing_qa huggingface dataset:
CA Civ Pro Code § 706.026 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 5 - Wage Garnishment|ARTICLE 2 - General Provisions|Section 706.026.

706.026.  (a) The levying officer shall receive and account for all amounts paid by the employer pursuant to Section 706.025 and shall pay the amounts so received over to the person entitled thereto at least once every 30 days.(b) At least once every two years, the levying officer shall file an accounting with the court, as provided by Section 699.560, for all amounts collected under the earnings withholding order, including costs and interest added to the amount due. Subject to the limitations in subdivision (c) of Section 263, the levying officer may electronically file the accounting with the court, pursuant to Chapter 2 (commencing with Section 263) of Title 4 of Part 1.(Amended by Stats. 2010, Ch. 680, Sec. 12. (AB 2394) Effective January 1, 2011.)
CA Civ Pro Code § 706.027 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 5 - Wage Garnishment|ARTICLE 2 - General Provisions|Section 706.027.

706.027.  If the judgment pursuant to which the earnings withholding order is issued is satisfied before the order otherwise terminates pursuant to Section 706.022, the judgment creditor shall promptly notify the levying officer who shall promptly terminate the order by serving a notice of termination on the employer.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 706.028 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 5 - Wage Garnishment|ARTICLE 2 - General Provisions|Section 706.028.

706.028.  (a) “Final earnings withholding order for costs and interest” means an earnings withholding order for the collection only of unsatisfied costs and interest, which is issued after an earlier earnings withholding order has been returned satisfied.(b) After the amount stated as owing in a prior earnings withholding order is paid, the judgment creditor may obtain a final earnings withholding order for costs and interest to collect amounts of costs and interest that were not collected under the prior earnings withholding order.(c) A final earnings withholding order for costs and interest shall be enforced in the same manner as other earnings withholding orders.(d) Satisfaction of the amount stated as owing in a final earnings withholding order for costs and interest is equivalent to satisfaction of the money judgment. For this purpose, interest ceases to accrue on the date of issuance of the final earnings withholding order and no additional costs may be added after that date, except for the statutory fee for service of the order and any other statutory fees for performing duties under the order.(Repealed and added by Stats. 1992, Ch. 283, Sec. 9. Effective July 21, 1992.)
CA Civ Pro Code § 706.029 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 5 - Wage Garnishment|ARTICLE 2 - General Provisions|Section 706.029.

706.029.  Service of an earnings withholding order creates a lien upon the earnings of the judgment debtor that are required to be withheld pursuant to the order and upon all property of the employer subject to the enforcement of a money judgment in the amount required to be withheld pursuant to such order. The lien continues for a period of one year from the date the earnings of the judgment debtor become payable unless the amount required to be withheld pursuant to the order is paid as required by law.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 706.031 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 5 - Wage Garnishment|ARTICLE 2 - General Provisions|Section 706.031.

706.031.  (a) Nothing in this chapter affects an earnings assignment order for support.(b) An earnings assignment order for support shall be given priority over any earnings withholding order. An employer upon whom an earnings assignment order for support is served shall withhold and pay over the earnings of the employee pursuant to the assignment order notwithstanding the requirements of any earnings withholding order. When an employer is required to cease withholding earnings pursuant to an earnings withholding order, the employer shall notify the levying officer who served the earnings withholding order that a supervening earnings assignment order for support is in effect.(c) Subject to subdivisions (b), (d), and (e), an employer shall withhold earnings of an employee pursuant to both an earnings assignment order for support and an earnings withholding order.(d) The employer shall withhold pursuant to an earnings withholding order only to the extent that the sum of the amount withheld pursuant to any earnings assignment order for support and the amount withheld pursuant to the earnings withholding order does not exceed the amount that may be withheld under Article 3 (commencing with Section 706.050).(e) The employer shall withhold pursuant to an earnings withholding order for taxes only to the extent that the sum of the amount withheld pursuant to any earnings assignment order for support and the amount withheld pursuant to the earnings withholding order for taxes does not exceed the amount that may be withheld under Article 4 (commencing with Section 706.070).(Amended by Stats. 1992, Ch. 163, Sec. 47. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
CA Civ Pro Code § 706.032 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 5 - Wage Garnishment|ARTICLE 2 - General Provisions|Section 706.032.

706.032.  (a) Except as otherwise provided by statute:(1) If withholding under an earnings withholding order ceases because the judgment debtor’s employment has terminated, the earnings withholding order terminates at the conclusion of a continuous 180-day period during which no amounts are withheld under the order.(2) If withholding under an earnings withholding order ceases because the judgment debtor’s earnings are subject to an order or assignment with higher priority, the earnings withholding order terminates at the conclusion of a continuous two-year period during which no amounts are withheld under the order.(b) If an earnings withholding order has terminated pursuant to subdivision (a), the employer shall return the order to the levying officer along with a statement of the reasons for returning the order.(Added by Stats. 1992, Ch. 283, Sec. 11. Effective July 21, 1992.)
CA Civ Pro Code § 706.033 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 5 - Wage Garnishment|ARTICLE 2 - General Provisions|Section 706.033.

706.033.  If the writ is returned before the earnings withholding order terminates, on termination of the earnings withholding order the levying officer shall make a supplemental return on the writ. The supplemental return shall contain the same information as an original return pursuant to Section 699.560.(Added by Stats. 1992, Ch. 283, Sec. 12. Effective July 21, 1992.)
CA Civ Pro Code § 706.034 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 5 - Wage Garnishment|ARTICLE 2 - General Provisions|Section 706.034.

706.034.  The employer may deduct from the earnings of the employee the sum of one dollar and fifty cents ($1.50) for each payment made in accordance with an earnings withholding order issued pursuant to this chapter.(Amended by Stats. 2004, Ch. 520, Sec. 1. Effective January 1, 2005.)
CA Civ Pro Code § 706.050 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 5 - Wage Garnishment|ARTICLE 3 - Restrictions on Earnings Withholding|Section 706.050.

706.050.  (a) Except as otherwise provided in this chapter, the maximum amount of disposable earnings of an individual judgment debtor for any workweek that is subject to levy under an earnings withholding order shall not exceed the lesser of the following:(1) Twenty-five percent of the individual’s disposable earnings for that week.(2) Fifty percent of the amount by which the individual’s disposable earnings for that week exceed 40 times the state minimum hourly wage in effect at the time the earnings are payable. If a judgment debtor works in a location where the local minimum hourly wage is greater than the state minimum hourly wage, the local minimum hourly wage in effect at the time the earnings are payable shall be used for the calculation made pursuant to this paragraph.(b) For any pay period other than weekly, the following multipliers shall be used to determine the maximum amount of disposable earnings subject to levy under an earnings withholding order that is proportional in effect to the calculation described in paragraph (2) of subdivision (a), except as specified in paragraph (1):(1) For a daily pay period, the amounts shall be identical to the amounts described in subdivision (a).(2) For a biweekly pay period, multiply the applicable hourly minimum wage by 80 work hours.(3) For a semimonthly pay period, multiply the applicable hourly minimum wage by 862/3 work hours.(4) For a monthly pay period, multiply the applicable hourly minimum wage by 1731/3 work hours.(c) This section shall become operative on July 1, 2016.(Repealed (in Sec. 1) and added by Stats. 2015, Ch. 800, Sec. 2. (SB 501) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)
CA Civ Pro Code § 706.051 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 5 - Wage Garnishment|ARTICLE 3 - Restrictions on Earnings Withholding|Section 706.051.

706.051.  (a) For the purposes of this section, “family of the judgment debtor” includes the spouse or former spouse of the judgment debtor.(b) Except as provided in subdivision (c), the portion of the judgment debtor’s earnings that the judgment debtor proves is necessary for the support of the judgment debtor or the judgment debtor’s family supported in whole or in part by the judgment debtor is exempt from levy under this chapter.(c) The exemption provided in subdivision (b) is not available if any of the following exceptions applies:(1) The debt was incurred pursuant to an order or award for the payment of attorney’s fees under Section 2030, 3121, or 3557 of the Family Code.(2) The debt was incurred for personal services rendered by an employee or former employee of the judgment debtor.(3) The order is a withholding order for support under Section 706.030.(4) The order is one governed by Article 4 (commencing with Section 706.070) (state tax order).(Amended by Stats. 2011, Ch. 694, Sec. 1. (AB 1388) Effective January 1, 2012.)
CA Civ Pro Code § 706.052 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 5 - Wage Garnishment|ARTICLE 3 - Restrictions on Earnings Withholding|Section 706.052.

706.052.  (a) Except as provided in subdivision (b), one-half of the disposable earnings (as defined by Section 1672 of Title 15 of the United States Code) of the judgment debtor, plus any amount withheld from the judgment debtor’s earnings pursuant to any earnings assignment order for support, is exempt from levy under this chapter where the earnings withholding order is a withholding order for support under Section 706.030.(b) Except as provided in subdivision (c), upon motion of any interested party, the court shall make an equitable division of the judgment debtor’s earnings that takes into account the needs of all the persons the judgment debtor is required to support and shall effectuate such division by an order determining the amount to be withheld from the judgment debtor’s earnings pursuant to the withholding order for support.(c) An order made under subdivision (b) may not authorize the withholding of an amount in excess of the amount that may be withheld for support under federal law under Section 1673 of Title 15 of the United States Code.(Amended by Stats. 1992, Ch. 163, Sec. 48. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
CA Civ Pro Code § 706.070 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 5 - Wage Garnishment|ARTICLE 4 - Earnings Withholding Order for Taxes|Section 706.070.

706.070.  As used in this article:(a) “State” means the State of California and includes any officer, department, board, or agency thereof.(b) “State tax liability” means an amount for which the state has a state tax lien as defined in Section 7162 of the Government Code excluding a state tax lien created pursuant to the Fish and Game Code.(c) For purposes of an earnings withholding order for taxes issued by the Franchise Tax Board, “state tax liability” also includes any liability under Part 10 (commencing with Section 17001), Part 10.2 (commencing with Section 18401), or Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code that is due and payable within the meaning of subdivision (b) of Section 19221 of the Revenue and Taxation Code, and unpaid. The amendments to this section by the act adding this subdivision shall apply to any amount that is unpaid on or after the effective date of that act, or any amount that first becomes due and payable, and unpaid, after the effective date of that act.(Amended by Stats. 2012, Ch. 37, Sec. 1. (SB 1015) Effective June 27, 2012.)
CA Civ Pro Code § 706.071 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 5 - Wage Garnishment|ARTICLE 4 - Earnings Withholding Order for Taxes|Section 706.071.

706.071.  This chapter does not limit the state’s right to collect a state tax liability except that (a) no levy upon earnings of an employee held by an employer is effective unless such levy is made in accordance with the provisions of this chapter and (b) other methods of collection may not be used to require an employer to withhold earnings of an employee in payment of a state tax liability.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 706.072 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 5 - Wage Garnishment|ARTICLE 4 - Earnings Withholding Order for Taxes|Section 706.072.

706.072.  (a) A “withholding order for taxes” is an earnings withholding order issued pursuant to this article to collect a state tax liability and shall be denoted as a withholding order for taxes on its face.(b) A withholding order for taxes may only be issued under one of the following circumstances:(1) The existence of the state tax liability appears on the face of the taxpayer’s return, including a case where such tax liability is disclosed from the taxpayer’s return after errors in mathematical computations in the return have been corrected.(2) The state tax liability has been assessed or determined as provided by statute and the taxpayer had notice of the proposed assessment or determination and had available an opportunity to have the proposed assessment or determination reviewed by appropriate administrative procedures. If the taxpayer makes a timely request for review of the assessment or determination, the state shall not issue a withholding order for taxes until the administrative review procedure is completed. If the taxpayer is given notice of the proposed assessment or determination but does not make a timely request for review, the state may issue a withholding order for taxes.(c) In any case where a state tax liability has been assessed or determined prior to July 1, 1983, and the state determines that the requirement of subdivision (b) may not have been satisfied, the state may send a “Notice of Proposed Issuance of Withholding Order for Taxes” to the taxpayer at the taxpayer’s last known address by first-class mail, postage prepaid. The notice shall advise the taxpayer that the taxpayer may have the assessment or determination reviewed by appropriate administrative procedures and state how such a review may be obtained. If the taxpayer is sent such a notice and requests such a review within 30 days from the date the notice was mailed to the taxpayer, the state shall provide appropriate administrative procedures for review of the assessment or determination and shall not issue the withholding order for taxes until the administrative review procedure is completed. If the taxpayer is sent such a notice and does not request such a review within 30 days from the date the notice was mailed to the taxpayer, the state may issue the withholding order for taxes.(d) A withholding order for taxes may be issued whether or not the state tax liability has been reduced to judgment.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 706.073 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 5 - Wage Garnishment|ARTICLE 4 - Earnings Withholding Order for Taxes|Section 706.073.

706.073.  Except as otherwise provided in this article, the provisions of this chapter govern the procedures and proceedings concerning a withholding order for taxes. For the purposes of this article, a reference in this chapter to a “levying officer” shall be deemed to mean the specific state agency seeking to collect a state tax liability under this article.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 706.074 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 5 - Wage Garnishment|ARTICLE 4 - Earnings Withholding Order for Taxes|Section 706.074.

706.074.  (a) The state may itself issue a withholding order for taxes under this section to collect a state tax liability. The order shall specify the total amount required to be withheld pursuant to the order (unpaid tax liability including any penalties, accrued interest, and costs).(b) Unless a lesser amount is specified in the order, the amount to be withheld by the employer each pay period pursuant to an order issued under this section is the amount required to be withheld under Section 1673(a) of Title 15 of the United States Code, and is not subject to the exception provided in Section 1673(b) of Title 15 of the United States Code.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 706.075 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 5 - Wage Garnishment|ARTICLE 4 - Earnings Withholding Order for Taxes|Section 706.075.

706.075.  (a) This section applies to any withholding order for taxes issued under this article.(b) Together with the withholding order for taxes, the state shall serve upon the employer an additional copy of the order and a notice informing the taxpayer of the effect of the order and of his right to hearings and remedies provided in this chapter. Within 10 days from the date of service, the employer shall deliver to the taxpayer a copy of the order and the notice, except that immediate delivery shall be made where a jeopardy withholding order for taxes has been served. If the taxpayer is no longer employed by the employer and the employer does not owe the taxpayer any earnings, the employer is not required to make such delivery.(c) The state shall provide for an administrative hearing to reconsider or modify the amount to be withheld pursuant to the withholding order for taxes, and the taxpayer may request such a hearing at any time after service of the order. If the taxpayer requests a hearing, the hearing shall be provided, and the matter shall be determined, within 15 days after the request is received by the state. The determination of the amount to be withheld is subject to the standard provided in subdivision (b) of Section 706.051. Judicial review of the determination made pursuant to this subdivision by the state may be had only if a petition for a writ of mandate pursuant to Section 1094.5 is filed within 90 days from the date that written notice of the state’s determination was delivered or mailed to the taxpayer.(d) The employer is not subject to any civil liability for failure to comply with subdivision (b). Nothing in this subdivision limits the power of a court to hold the employer in contempt of court for failure to comply with subdivision (b).(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 706.077 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 9 - ENFORCEMENT OF JUDGMENTS|DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS|CHAPTER 5 - Wage Garnishment|ARTICLE 4 - Earnings Withholding Order for Taxes|Section 706.077.

706.077.  (a) Subject to subdivision (b), an employer upon whom a withholding order for taxes is served shall withhold and pay over earnings of the employee pursuant to such order and shall cease to withhold earnings pursuant to any prior earnings withholding order except that a withholding order for support shall be given priority as provided in Section 706.030. When an employer is required to cease withholding earnings pursuant to an earlier earnings withholding order, the employer shall notify the levying officer who served the earlier earnings withholding order that a supervening withholding order for taxes is in effect.(b) An employer shall not withhold earnings of an employee pursuant to a withholding order for taxes if a prior withholding order for taxes is in effect, and, in such case, the subsequent withholding order for taxes is ineffective.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)