reglab/housing_qa huggingface dataset:
CA Civ Pro Code § 706.078 (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 706.078.

706.078.  (a) Except as provided in subdivision (b), the employer shall not withhold pursuant to a withholding order for taxes from earnings of the employee payable for any pay period of such employee that ends prior to the 10th day after service of the order.(b) A “jeopardy withholding order for taxes,” which shall be denoted as such on its face, is a withholding order for taxes that requires that the employer withhold pursuant to the order from earnings due to the employee at the time of service of the order on the employer and from earnings thereafter due. A jeopardy withholding order for taxes may be issued only where the state has determined that the collection of a state tax liability will be jeopardized in whole or in part by delaying the time when withholding from earnings commences.(c) An employer shall continue to withhold pursuant to a withholding order for taxes until the amount specified in the order has been paid in full or the order is withdrawn, except that the order automatically terminates one year after the employment of the employee by the employer terminates. The state shall promptly serve on the employer a notice terminating the withholding order for taxes if the state tax liability for which the withholding order for taxes was issued is satisfied before the employer has withheld the full amount specified in the order, and the employer shall discontinue withholding in compliance with such notice.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 706.080 (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 706.080.

706.080.  Service of a withholding order for taxes or of any other notice or document required under this chapter in connection with a withholding order for taxes may be made by the state by first-class mail, postage prepaid, or by any authorized state employee. Service of a withholding order for taxes is complete when it is received by the employer or a person described in paragraph (1) or (2) of subdivision (a) of Section 706.101. Service of, or the providing of, any other notice or document required to be served or provided under this chapter in connection with a withholding order for taxes is complete when the notice or document is deposited in the mail addressed to the last known address of the person on whom it is served or to whom it is to be provided.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 706.081 (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 706.081.

706.081.  Except for the forms referred to in Section 706.076, the state shall prescribe the form of any order, notice, or other document required by this chapter in connection with a withholding order for taxes notwithstanding Sections 706.100 and 706.120, and any form so prescribed is deemed to comply with this chapter.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 706.082 (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 706.082.

706.082.  No review of the taxpayer’s tax liability shall be permitted in any court proceedings under this chapter.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 706.084 (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 706.084.

706.084.  Where a warrant, notice of levy, or notice or order to withhold is served on the employer to enforce a state tax liability of a person who is an employee of that employer, it shall be deemed to be a withholding order for taxes as to any earnings that are subject to the provisions of this chapter if both of the following requirements are satisfied:(a) The form provides notice on its face that it is to be treated as a withholding order for taxes as to any earnings that are subject to the provisions of this chapter.(b) The form provides all the information provided in a withholding order for taxes.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 706.100 (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 5 - Procedure for Earnings Withholding Orders and Exemption Claims|Section 706.100.

706.100.  Notwithstanding any other provision of law, the Judicial Council may provide by rule for the practice and procedure in proceedings under this chapter except for the state’s administrative hearings provided by Article 4 (commencing with Section 706.070).(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 706.102 (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 5 - Procedure for Earnings Withholding Orders and Exemption Claims|Section 706.102.

706.102.  (a) If a writ of execution has been issued to the county where the judgment debtor’s employer is to be served and the time specified in subdivision (b) of Section 699.530 for levy on property under the writ has not expired, a judgment creditor may apply for the issuance of an earnings withholding order by filing an application with a levying officer in such county who shall promptly issue an earnings withholding order.(b) This section does not apply where the earnings withholding order is a withholding order for taxes.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 706.103 (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 5 - Procedure for Earnings Withholding Orders and Exemption Claims|Section 706.103.

706.103.  (a) The levying officer shall serve upon the designated employer all of the following:(1) The original and one copy of the earnings withholding order.(2) The form for the employer’s return.(3) The notice to employee of earnings withholding order.(4) A copy of the form that the judgment debtor may use to make a claim of exemption.(5) A copy of the form the judgment debtor may use to provide a financial statement.(b) At the time the levying officer makes service pursuant to subdivision (a), the levying officer shall provide the employer with a copy of the employer’s instructions referred to in Section 706.127. The Judicial Council may adopt rules prescribing the circumstances when compliance with this subdivision is not required.(c) No earnings withholding order shall be served upon the employer after the time specified in subdivision (b) of Section 699.530.(Amended by Stats. 2013, Ch. 64, Sec. 5. (SB 233) Effective January 1, 2014.)
CA Civ Pro Code § 706.104 (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 5 - Procedure for Earnings Withholding Orders and Exemption Claims|Section 706.104.

706.104.  Any employer who is served with an earnings withholding order shall:(a) Deliver to the judgment debtor a copy of the earnings withholding order, the notice to employee of earnings withholding, a copy of the form that the judgment debtor may use to make a claim of exemption, and a copy of the form the judgment debtor may use to provide a financial statement within 10 days from the date of service. If the judgment debtor is no longer employed by the employer and the employer does not owe the employee any earnings, the employer is not required to make such delivery. The employer is not subject to any civil liability for failure to comply with this subdivision. Nothing in this subdivision limits the power of a court to hold the employer in contempt of court for failure to comply with this subdivision.(b) Complete the employer’s return on the form provided by the levying officer and mail it by first-class mail, postage prepaid, to the levying officer within 15 days from the date of service. If the earnings withholding order is ineffective, the employer shall state in the employer’s return that the order will not be complied with for this reason and shall return the order to the levying officer with the employer’s return.(Amended by Stats. 2013, Ch. 64, Sec. 6. (SB 233) Effective January 1, 2014.)
CA Civ Pro Code § 706.106 (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 5 - Procedure for Earnings Withholding Orders and Exemption Claims|Section 706.106.

706.106.  No findings are required in court proceedings under this chapter.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 706.108 (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 5 - Procedure for Earnings Withholding Orders and Exemption Claims|Section 706.108.

706.108.  (a) If a writ of execution has been issued to the county where the judgment debtor’s employer is to be served and the time specified in subdivision (b) of Section 699.530 for levy on property under the writ has not expired, a judgment creditor may deliver an application for issuance of an earnings withholding order to a registered process server who may then issue an earnings withholding order.(b) If the registered process server has issued the earnings withholding order, the registered process server, before serving the earnings withholding order, shall cause to be deposited with the levying officer a copy of the writ of execution, the application for issuance of an earnings withholding order, a copy of the earnings withholding order, and the fee, as provided by Section 26750 of the Government Code.(c) A registered process server may serve an earnings withholding order on an employer whether the earnings withholding order was issued by a levying officer or by a registered process server, but no earnings withholding order may be served after the time specified in subdivision (b) of Section 699.530. In performing this function, the registered process server shall serve upon the designated employer all of the following:(1) The original and one copy of the earnings withholding order.(2) The form for the employer’s return.(3) The notice to the employee of the earnings withholding order.(4) A copy of the form that the judgment debtor may use to make a claim of exemption.(5) A copy of the form the judgment debtor may use to provide a financial statement.(6) A copy of the employer’s instructions referred to in Section 706.127, except as otherwise prescribed in rules adopted by the Judicial Council.(d) Within five court days after service under this section, all of the following shall be filed with the levying officer:(1) The writ of execution, if it is not already in the hands of the levying officer.(2) Proof of service on the employer of the papers listed in subdivision (c).(3) Instructions in writing, as required by the provisions of Section 687.010.(e) If the fee provided by Section 26750 of the Government Code has been paid, the levying officer shall perform all other duties required by this chapter as if the levying officer had served the earnings withholding order. If the registered process server does not comply with subdivisions (b), where applicable, and (d), the service of the earnings withholding order is ineffective and the levying officer shall not be required to perform any duties under the order, and may terminate the order and release any withheld earnings to the judgment debtor.(f) The fee for services of a registered process server under this section is a recoverable cost pursuant to Section 1033.5.(Amended by Stats. 2016, Ch. 102, Sec. 3. (AB 2211) Effective January 1, 2017.)
CA Civ Pro Code § 706.109 (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 5 - Procedure for Earnings Withholding Orders and Exemption Claims|Section 706.109.

706.109.  An earnings withholding order may not be issued against the earnings of the spouse of the judgment debtor except by court order upon noticed motion.(Added by Stats. 1984, Ch. 1671, Sec. 20.)
CA Civ Pro Code § 706.120 (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 6 - Forms; Employer s Instructions|Section 706.120.

706.120.  Except as provided in Section 706.081, the Judicial Council shall prescribe the form of the applications, notices, claims of exemption, orders, and other documents required by this chapter as provided in Section 681.030, and only such forms may be used to implement this chapter.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 706.121 (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 6 - Forms; Employer s Instructions|Section 706.121.

706.121.  The “application for issuance of earnings withholding order” shall be executed under oath and shall include all of the following:(a) The name, the last known address, and, if known, the social security number of the judgment debtor.(b) The name and address of the judgment creditor.(c) The court where the judgment was entered and the date the judgment was entered.(d) Whether the judgment is based in whole or in part on a claim for elder or dependent adult financial abuse and, if in part, how much of the judgment arises from that claim.(e) The date of issuance of a writ of execution to the county where the earnings withholding order is sought.(f) The total amount required to satisfy the order on the date of issuance (which may not exceed the amount required to satisfy the writ of execution on the date of issuance of the order plus the levying officer’s statutory fee for service of the order).(g) The name and address of the employer to whom the order will be directed.(h) The name and address of the person to whom the withheld money is to be paid by the levying officer.(Amended by Stats. 2010, Ch. 64, Sec. 3. (AB 2619) Effective January 1, 2011. Operative January 1, 2012, by Sec. 6 of Ch. 64.)
CA Civ Pro Code § 706.122 (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 6 - Forms; Employer s Instructions|Section 706.122.

706.122.  The “notice to employee of earnings withholding order” shall contain a statement that informs the employee in simple terms of the nature of a wage garnishment, the right to an exemption, the procedure for claiming an exemption, and any other information the Judicial Council determines would be useful to the employee and appropriate for inclusion in the notice, including all of the following:(a) The named employer has been ordered to withhold from the earnings of the judgment debtor the amounts required to be withheld under Section 706.050, or such other amounts as are specified in the earnings withholding order, and to pay these amounts over to the levying officer for transmittal to the person specified in the order in payment of the judgment described in the order.(b) The manner of computing the amounts required to be withheld pursuant to Section 706.050.(c) The judgment debtor may be able to keep more or all of the judgment debtor’s earnings if the judgment debtor proves that the additional earnings are necessary for the support of the judgment debtor or the judgment debtor’s family supported in whole or in part by the judgment debtor.(d) If the judgment debtor wishes a court hearing to prove that amounts should not be withheld from the judgment debtor’s earnings because they are necessary for the support of the judgment debtor or the judgment debtor’s family supported in whole or in part by the judgment debtor, the judgment debtor shall file with the levying officer an original and one copy of the “judgment debtor’s claim of exemption” and an original and one copy of the “judgment debtor’s financial statement.”(Amended by Stats. 2013, Ch. 64, Sec. 8. (SB 233) Effective January 1, 2014.)
CA Civ Pro Code § 706.123 (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 6 - Forms; Employer s Instructions|Section 706.123.

706.123.  The “judgment debtor’s claim of exemption” shall be executed under oath. The claim of exemption shall indicate how much the judgment debtor believes should be withheld from the judgment debtor’s earnings each pay period by the employer pursuant to the earnings withholding order and shall state the judgment debtor’s present mailing address.(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
CA Civ Pro Code § 706.124 (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 6 - Forms; Employer s Instructions|Section 706.124.

706.124.  The “judgment debtor’s financial statement” shall be executed as provided in Section 703.530 and contain all of the information required by that section and the following additional information:(a) Whether any earnings withholding orders are in effect with respect to the earnings of the judgment debtor or the spouse or dependents of the judgment debtor.(b) Whether any earnings assignment orders for support are in effect with respect to the earnings of the judgment debtor or the spouse or dependents of the judgment debtor.(Amended by Stats. 1992, Ch. 163, Sec. 49. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
CA Civ Pro Code § 706.125 (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 6 - Forms; Employer s Instructions|Section 706.125.

706.125.  The “earnings withholding order” shall include all of the following:(a) The name, address, and, if known, the social security number of the judgment debtor.(b) The name and address of the employer to whom the order is directed.(c) The court where the judgment was entered, the date the judgment was entered, and the name of the judgment creditor.(d) Whether the judgment is based in whole or in part on a claim for elder or dependent adult financial abuse and, if in part, how much of the judgment arises from the claim.(e) The date of issuance of the writ of execution to the county where the earnings withholding order is sought.(f) The total amount required to satisfy the order on the date of issuance (which may not exceed the amount required to satisfy the writ of execution on the date of issuance of the order plus the levying officer’s statutory fee for service of the order).(g) A description of the withholding period and an order to the employer to withhold from the earnings of the judgment debtor for each pay period the amount required to be withheld under Section 706.050 or the amount specified in the order subject to Section 706.024, as the case may be, for the pay periods ending during the withholding period.(h) An order to the employer to pay over to the levying officer at a specified address the amount required to be withheld and paid over pursuant to the order in the manner and within the times provided by law.(i) An order that the employer fill out the “employer’s return” and return it by first-class mail, postage prepaid, to the levying officer at a specified address within 15 days after service of the earnings withholding order.(j) An order that the employer deliver to the judgment debtor a copy of the earnings withholding order and the “notice to employee of earnings withholding order” within 10 days after service of the earnings withholding order; but, if the judgment debtor is no longer employed by the employer and the employer does not owe the employee any earnings, the employer is not required to make the delivery.(k) The name and address of the levying officer.(Amended by Stats. 2010, Ch. 64, Sec. 4. (AB 2619) Effective January 1, 2011. Operative January 1, 2012, by Sec. 6 of Ch. 64.)
CA Civ Pro Code § 706.126 (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 6 - Forms; Employer s Instructions|Section 706.126.

706.126.  (a) The “employer’s return” shall be executed under oath. The form for the return provided to the employer shall state all of the following information:(1) The name and address of the levying officer to whom the form is to be returned.(2) A direction that the form be mailed to the levying officer by first-class mail, postage prepaid, no later than 15 days after the date of service of the earnings withholding order.(3) The name, the address, and, if known, the social security number of the judgment debtor.(b) In addition, the employer’s return form shall require the employer to supply all of the following information:(1) The date the earnings withholding order was served on the employer.(2) Whether the judgment debtor is employed by the employer or whether the employer otherwise owes earnings to the employee.(3) If the judgment debtor is employed by the employer or the employer otherwise owes earnings to the employee, the amount of the employee’s earnings for the last pay period and the length of this pay period.(4) Whether the employer was required on the date of service to comply with an earlier earnings withholding order and, if so, the name of the judgment creditor who secured the earlier order, the levying officer who served such order, the date it was issued, the date it was served, the expiration date of such order, and which of the earnings withholding orders the employer is required to comply with under the applicable statutory rules concerning the priority of such orders.(5) Whether the employer was required on the date of service to comply with an earnings assignment order for support and, if so, the court which issued such assignment order and the date it was issued and any other information the Judicial Council determines is needed to identify the order.(6) The name and address of the person to whom notices to the employer are to be sent.(Amended by Stats. 1992, Ch. 163, Sec. 50. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)