What is the step-by-step process for filing a Claim of Exemption (Form WG-006) to stop or reduce a wage garnishment in California?
To stop or reduce a wage garnishment, you must complete and file a Claim of Exemption (Form WG-006) and a Financial Statement (Form WG-007) with the levying officer (the Sheriff) within 15 days of receiving the garnishment notice. This process asserts that the money is legally protected because you need it to support yourself and your family.
Here is the step-by-step process:
Step 1: Get the Necessary Forms
You need two forms: the Claim of Exemption (WG-006) and the Financial Statement (WG-007). Your employer should provide these forms to you along with the Earnings Withholding Order. If not, you can download them for free from the California Courts official website.
Step 2: Fill Out and Sign the Forms
Complete both forms truthfully and thoroughly. On the Claim of Exemption, you must check the box that applies to your situation and explain why the wages are necessary for your family's basic support. On the Financial Statement, you must list all sources of income and all essential monthly expenses. Sign and date both forms.
Step 3: Make Two Copies
After completing the forms, make two full copies of both the Claim of Exemption and the Financial Statement. You will need the original set for the Sheriff, one copy for the creditor (which the Sheriff will serve), and one copy for your own records.
Step 4: File Your Claim with the Sheriff
You must file the original forms and one copy with the levying officer. This is usually the county Sheriff's Department Civil Division, and their address is listed on the wage garnishment paperwork you received. You must file within 15 days of the date the garnishment notice was mailed to you. There is no fee to file. The Sheriff will then temporarily stop the garnishment and notify the creditor.
Important details and nuances:
The creditor has 10 days to oppose your claim by filing a Notice of Opposition with the court. If they do not oppose it, the Sheriff will instruct your employer to release the withheld wages to you. If the creditor opposes your claim, the court will schedule a hearing. You must attend this hearing to present your case to the judge and should bring documents proving your income and expenses.
Warnings and limitations:
The 15-day deadline to file your claim is extremely strict. If you miss this deadline, you may lose your right to object to the money that has already been taken, though you can still file a claim to protect future wages. This process does not eliminate the debt; it only protects the earnings needed for basic necessities.
This is general information and does not constitute legal advice. For complex situations, you should consult with a qualified California attorney to discuss the specifics of your case.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
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