How do I calculate the maximum percentage of my wages that can be garnished under California state law?

Under California law, the maximum amount your wages can be garnished for most debts is the lesser of two different calculations. The process below helps you determine this amount for a standard judgment, such as for credit card debt. Step 1: Find your weekly "disposable earnings" Look at your pay stub. Your disposable earnings are your gross pay minus legally required deductions. These include federal and state income taxes, Social Security, Medicare, and State Disability Insurance (SDI). Deductions for things like health insurance or retirement plans are not legally required and are included in your disposable earnings for this calculation. Step 2: Calculate 25% of your disposable earnings Multiply your weekly disposable earnings (from Step 1) by 0.25. This is the first potential garnishment amount. Step 3: Find the current California minimum wage Check the official California Department of Industrial Relations website for the current statewide hourly minimum wage. For this example, we will use the 2024 rate of $16.00 per hour. Step 4: Calculate your protected weekly earnings Multiply the current California hourly minimum wage by 48. Using our example rate, this would be $16.00 x 48 = $768. This is the amount of your weekly disposable earnings that is legally protected from garnishment. If your disposable earnings are less than this amount, your wages cannot be garnished for this type of debt. Step 5: Calculate the second potential garnishment amount Subtract the protected amount (from Step 4) from your total weekly disposable earnings (from Step 1). If the result is zero or a negative number, your wages cannot be garnished. Step 6: Compare the two amounts Compare the result from Step 2 with the result from Step 5. The lower of these two numbers is the maximum amount your employer can legally withhold from your weekly pay for the garnishment. Important considerations: These rules apply to ordinary consumer debts. Wage garnishments for child support, spousal support, federal student loans, or unpaid taxes follow different, often stricter, rules and allow for a much higher percentage of your wages to be taken, sometimes up to 50-65%. Note: Your employer cannot fire you because of a single wage garnishment. If you have multiple garnishments, the total amount taken cannot exceed the legal limit. You may be able to file a Claim of Exemption with the court if you can prove you need more of your earnings to support yourself and your family. This is general information and does not constitute legal advice. For complex situations, such as facing multiple garnishments or a support order, you should consult with a qualified California attorney to understand your specific rights and options.