You fill out California Form WG-001 by listing the judgment creditor, the judgment debtor, the debtor’s employer, the original judgment details, the unpaid balance with interest and costs, and a sworn declaration, then you submit it to the levying officer (usually the county sheriff) in the county where the employer receives mail. Form WG-001 is the Application for Earnings Withholding Order, and it is the formal request that triggers a wage garnishment under California Code of Civil Procedure § 706.121.
The problem this form solves is simple. A creditor wins a money judgment, but the debtor refuses to pay, so the creditor uses the Judicial Council form WG-001 to capture up to 25% of the debtor’s disposable earnings each pay period. According to the U.S. Department of Labor Wage and Hour Division, wage garnishment affects roughly 1 in every 14 American workers at some point in their career, and California courts process tens of thousands of WG-001 applications every year.
- 📝 How to complete every line and box on Form WG-001 without errors
- ⚖️ Why federal 15 U.S.C. § 1673 caps interact with California CCP § 706.050
- 💼 What the levying officer, employer, and debtor each do after filing
- 🚫 The seven biggest mistakes that get a WG-001 rejected or delayed
- 💡 Real, named examples showing exactly how the form looks when filled in
What Form WG-001 Is and Why It Exists
Form WG-001 is the official Application for Earnings Withholding Order approved by the California Judicial Council. It is the document a judgment creditor signs under penalty of perjury to ask the county sheriff or marshal to issue an Earnings Withholding Order (Form WG-002) to the debtor’s employer. Without a properly completed WG-001, no wage garnishment can lawfully begin in California.
The form sits at the center of the Wage Garnishment Law found in CCP §§ 706.010 through 706.154. The plain-English idea is that a creditor with a final judgment can reach a debtor’s paycheck only by following a tightly controlled set of steps. The consequence of skipping this form is that any money taken from the debtor’s wages is unlawful, and the creditor can be ordered to return it with interest and pay attorney fees.
A common misconception is that a judgment alone is enough to grab wages directly from an employer. That is false, because California requires a separate levying-officer process. A real-world example shows the difference. Maria, a small-business owner in Fresno, won a $9,400 small-claims judgment in 2024 against a former contractor named Devon. She tried to email Devon’s employer with a copy of the judgment and demand payroll deductions. The employer ignored her, which was correct, because only a sheriff-issued WG-002 (driven by a filed WG-001) creates a legal duty for the employer.
The Federal Floor Before California Steps In
Federal law sets the outer ceiling for any garnishment in the country. Under the Consumer Credit Protection Act at 15 U.S.C. § 1673, a creditor can take the lesser of 25% of disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage. The consequence of ignoring this rule is automatic federal liability for the employer, even if the state order says something different.
A common misconception is that California’s higher minimum wage automatically replaces the federal 30x calculation. The truth is more layered, because California uses the state minimum wage (currently $16.50/hour statewide as of January 1, 2026) inside its own protective formula at CCP § 706.050. The employer must apply whichever calculation leaves more money in the worker’s pocket.
A mini-scenario makes this concrete. Tomás earns $1,000 in weekly disposable wages. Federal law would allow garnishment of $250, but California’s 40-times-state-minimum-wage shield protects the first $660 each week. So Tomás loses only $250 a week, because federal still controls when its number is smaller, but the state floor would protect him further at lower incomes.
Why a Creditor Cannot Skip WG-001
WG-001 forces the creditor to swear, under penalty of perjury, to the unpaid balance, the accrued interest at 10% per California Constitution Article XV § 1, and the absence of any pending bankruptcy stay. The consequence of a false statement is criminal exposure under Penal Code § 118, plus civil sanctions.
A common misconception is that the form is a simple coversheet. It is actually a sworn pleading. Aisha, a credit-union collections officer in San Diego, learned this the hard way in 2025 when she rounded the unpaid balance up by $42 and the debtor filed a Claim of Exemption under Form WG-006, which froze the entire garnishment for six weeks.
Step-by-Step: How to Fill Out Each Section of WG-001
Below is a line-by-line walkthrough using the November 1, 2024 revision of the Judicial Council form. Read each step, follow the example, and check the rule that drives it. Skipping any line risks rejection by the levying officer.
Caption Box: Attorney or Party Without Attorney
The top-left caption asks for your name, State Bar number (if any), address, phone, fax, email, and the party you represent. The plain-English rule is that the levying officer needs working contact information for service of papers. The consequence of an outdated address is missed notices, which can cause the order to expire under CCP § 706.022.
A real example helps. Jordan Lee, representing himself, writes “Jordan Lee, 123 Pine St., Sacramento, CA 95814, (916) 555-0144, jordan@example.com, In Pro Per.” A common misconception is that you must hire an attorney to file. You do not, because CCP § 706.121 lets any judgment creditor apply directly.
Court Caption: Superior Court of California, County of ___
You must name the issuing court, which is the court that entered the judgment, not the debtor’s home county. The consequence of naming the wrong court is automatic rejection by the clerk under CCP § 706.101. Write the county name on the line and add the branch courthouse below.
For example, Jordan won his case in the Sacramento Superior Court, Carol Miller Justice Center. He writes “Sacramento” on the county line and “301 Bicentennial Circle, Sacramento, CA 95826” as the branch address. A common misconception is that small-claims judgments use a different form, but small-claims creditors use the same WG-001.
Plaintiff and Defendant Names
List the names exactly as they appear on the judgment, including any “dba” (doing business as) entries. The plain-English rule is that the wage order must match the judgment perfectly. The consequence of a typo is that the employer cannot verify the debtor’s identity and may refuse to withhold under CCP § 706.104.
For example, if the judgment says “Acme Plumbing, Inc., a California corporation, dba Acme Pipes,” then Jordan writes that full string in the plaintiff box. A common misconception is that you can shorten the name to save space. You cannot, because the California Rules of Court Rule 2.100 require exact party names.
Item 1: Judgment Creditor Information
Item 1 asks who is asking for the order. The plain-English rule is that this is the person or entity entitled to the money under the judgment. The consequence of listing an assignee without filing a Form MC-012 acknowledgement is that the levying officer will reject the application.
For example, Aisha writes “Pacific Trust Credit Union, a California state-chartered credit union.” A common misconception is that a collection agency can list itself here without an assignment of judgment recorded with the court.
Item 2: Levying Officer’s County
Item 2 names the county whose sheriff or marshal will serve the order on the employer. The plain-English rule under CCP § 706.101 is that the levying officer must be in the county where the employer’s mailing address is located. The consequence of choosing the wrong county is mandatory rejection.
For example, if Devon works for “BuildRight LLC” headquartered at a Los Angeles address, Maria writes “Los Angeles” even though her judgment came from Fresno. A common misconception is that the debtor’s home county controls. It does not, because the form follows the employer.
Item 3: Employer Information
Item 3 asks for the exact legal name and street address of the employer. The plain-English rule is that the employer must receive personal or mailed service. The consequence of a missing suite number or a stale address is that the order cannot be served, and the employer’s withholding clock under CCP § 706.022 never starts.
For example, Maria writes “BuildRight LLC, Attn: Payroll, 4500 Wilshire Blvd., Suite 200, Los Angeles, CA 90010.” A common misconception is that you can list a P.O. Box. The levying officer needs a physical street address for personal service.
Item 4: Employee (Judgment Debtor) Information
Item 4 asks for the debtor’s full legal name, address, and Social Security number (last four digits only on the public copy, full number on the confidential copy under Form WG-035 procedure). The plain-English rule is that the employer must be able to match the order to the right worker. The consequence of including a full SSN on the public file is a privacy violation under California Rules of Court Rule 1.20.
For example, Aisha writes “Devon Carter, 88 Maple Way, Apt 3, Fresno, CA 93720, SSN ending in 4421.” A common misconception is that nicknames are acceptable. They are not, because the legal name on the judgment controls.
Item 5: Total Amount Due
Item 5 is where most errors happen. You must list the principal balance, accrued interest at 10% per year, allowable costs after judgment, and credits for any payments received. The plain-English rule under CCP § 685.010 is that math errors invalidate the demand. The consequence of overstating the balance by even one dollar is a successful Claim of Exemption.
For example, Jordan shows: principal $7,000, interest $812.33 (calculated from the entry date), costs after judgment $42 (filing fee for Memorandum of Costs MC-012), credits $0, total $7,854.33. A common misconception is that pre-judgment interest belongs here. It does not; only post-judgment interest at 10% simple goes in this box.
Item 6: Special Instructions and Support Orders
Item 6 asks whether the order is for a support judgment (which uses Form WG-004 and a 50% cap) or a regular money judgment (25% cap). The plain-English rule under CCP § 706.052 is that support orders take priority and use a different form entirely. The consequence of mis-checking the box is criminal contempt risk for misrepresenting a child-support claim.
For example, a landlord-tenant judgment is not support; Maria leaves the support box blank. A common misconception is that any “family” debt qualifies as support. It does not, because only court-ordered child or spousal support qualifies.
Item 7: Prior Withholding Orders
Item 7 asks whether you know of any prior earnings withholding order against the same employee. The plain-English rule under CCP § 706.023 is that only one regular order can be active at a time, but support orders take priority. The consequence of hiding a known prior order is dismissal and potential sanctions.
For example, Aisha learned through a credit report that Devon already had a child-support garnishment, so she checks “yes” and lists the case number. A common misconception is that you must conduct an exhaustive search. You only need to disclose what you actually know.
Signature, Date, and Declaration Under Penalty of Perjury
The bottom block makes the application a sworn statement under CCP § 2015.5. The plain-English rule is that you must sign and date the form within California, or add the language “I declare under penalty of perjury under the laws of the State of California.” The consequence of an unsigned or out-of-state declaration without the magic words is rejection.
For example, Jordan signs “Jordan Lee” and writes “Sacramento, California, March 12, 2026.” A common misconception is that a notary is required. It is not, because California uses declarations, not affidavits, for this form.
Three Common Scenarios and Their Outcomes
The following tables illustrate the three most popular fact patterns. Each shows what the creditor does on WG-001 and what the levying officer or employer does next.
Scenario 1: Small-Claims Creditor Garnishing a W-2 Worker
| Creditor’s Filing Choice | Resulting Garnishment Outcome |
|---|---|
| Files WG-001 with $4,500 small-claims judgment, employer named correctly | Sheriff issues WG-002 within 15 days, employer withholds 25% of disposable earnings |
| Lists wrong county for levying officer | Application rejected, creditor must refile with correct county sheriff |
| Forgets to add 10% post-judgment interest | Garnishment proceeds, but creditor leaves money on the table and must refile to capture it |
Scenario 2: Credit Union Chasing a Defaulted Loan
| Creditor’s Filing Choice | Resulting Garnishment Outcome |
|---|---|
| Discloses prior child-support order in Item 7 | Sheriff issues subordinated WG-002, employer withholds only the residual after the 50% support cap |
| Hides the prior order | Employer rejects the second order, creditor faces sanctions under CCP § 128.5 |
| Overstates balance by $200 | Debtor files WG-006 Claim of Exemption, garnishment paused for hearing |
Scenario 3: Landlord Collecting on a Civil Eviction Money Judgment
| Creditor’s Filing Choice | Resulting Garnishment Outcome |
|---|---|
| Uses tenant’s correct legal name from judgment | Employer matches employee, withholds 25% per CCP § 706.050 |
| Files within 180 days of writ issuance | Order remains valid for full duration until paid in full |
| Files after writ expires under CCP § 699.530 | Sheriff returns the application unserved, creditor must obtain a new writ |
Companion Forms You Will Encounter
WG-001 never travels alone. Several Judicial Council forms move through the file at different stages, and each has its own role. Understanding the family of forms prevents service errors.
The WG-002 Earnings Withholding Order is the actual order issued by the sheriff to the employer. The WG-003 Employer’s Instructions explains how to calculate withholding. The WG-004 Employee Instructions tells the worker about exemptions. The WG-006 Claim of Exemption and WG-007 Financial Statement let the debtor fight back. The WG-008 Notice of Opposition and WG-009 Notice of Hearing push the dispute to court. The WG-035 handles elder-abuse cases.
A common misconception is that the creditor mails WG-002 directly to the employer. The creditor never does that. Only the levying officer is authorized under CCP § 706.101 to serve the order, and unauthorized direct service voids the withholding.
Mistakes to Avoid When Filing WG-001
Creditors lose time and money over the same handful of errors. Each mistake below carries a real, measurable consequence under California law.
- Naming the wrong levying officer county. The application bounces back, and the 180-day writ clock under CCP § 699.530 keeps running, so you may lose the right to garnish.
- Listing only a P.O. Box for the employer. Sheriffs cannot personally serve a P.O. Box, so the employer never gets the order, and no withholding happens.
- Overstating the unpaid balance. The debtor files WG-006, the court holds a hearing within 15 days, and the entire garnishment freezes during the dispute.
- Filing without first obtaining a writ of execution. Some counties require Form EJ-130 before WG-001, and missing it means the sheriff returns your packet.
- Using a stale judgment more than 10 years old. A judgment expires under CCP § 683.020 unless you renew it on Form EJ-190, so an unrenewed judgment cannot support WG-001.
- Failing to disclose a prior support order. This causes the employer to reject the second order under CCP § 706.023, and you waste the sheriff’s fee.
- Checking the support box for a non-support debt. This is a sworn misrepresentation, and the court can dismiss with prejudice and sanction the creditor.
- Forgetting to attach the Confidential Statement of Judgment Debtor’s Social Security Number (Form WG-035) when required, which slows the employer’s verification.
- Signing outside California without the special perjury wording. The clerk can reject the form for failing CCP § 2015.5.
- Skipping the sheriff’s filing fee. Counties charge between $35 and $40, and underpayment causes the packet to sit unprocessed.
Do’s and Don’ts of WG-001 Practice
Following best practices keeps your wage garnishment clean from start to finish. Each item below carries its own why.
Do’s
- Do verify the employer address on the California Secretary of State Bizfile portal, because a current registered agent or principal address ensures the sheriff can serve the order successfully.
- Do calculate post-judgment interest to the day of filing, because California allows daily simple interest at 10%, and an exact figure prevents WG-006 challenges.
- Do attach a Memorandum of Costs After Judgment (MC-012) for any new costs, because unfiled costs cannot be added to the WG-001 balance.
- Do mail a courtesy copy of the writ to the employer’s payroll department, because friendly notice often speeds the first deduction even before the formal sheriff service.
- Do calendar the 180-day writ window, because once the writ expires, the entire WG-001 application becomes void and must restart.
Don’ts
- Don’t list the debtor’s home county as the levying officer county, because the form follows the employer’s county under CCP § 706.101, and a mismatch leads to rejection.
- Don’t combine multiple debtors on one form, because each judgment debtor needs a separate WG-001 packet.
- Don’t include sealed or confidential information in Item 4, because public records exposure can lead to liability under the California Consumer Privacy Act.
- Don’t file WG-001 during an active bankruptcy stay, because the automatic stay under 11 U.S.C. § 362 freezes collection, and a violation can produce contempt damages.
- Don’t forget to update the employer about payoffs, because once the balance is zero, the creditor must release the order or face damages under CCP § 706.027.
Pros and Cons of Pursuing Wage Garnishment
A WG-001 is powerful, but it is not free of trade-offs. Each side of the ledger matters before you commit.
Pros
- Steady recovery stream, because 25% of disposable income arrives every pay period until the judgment is paid in full.
- Low filing cost, because the sheriff’s fee is usually under $40, and many courts grant fee waivers under Form FW-001.
- No need for debtor cooperation, because the order operates directly on the employer’s payroll system.
- Strong enforcement teeth, because employers who refuse face liability for the full amount under CCP § 706.154.
- Renewable, because the order keeps running until paid, and creditors can re-serve if the debtor changes jobs.
Cons
- Slow when the debtor changes jobs, because each new employer requires a new WG-001 packet.
- Vulnerable to a Claim of Exemption, because hardship hearings can suspend or reduce the garnishment.
- Limited to 25% of disposable earnings, because federal and state caps protect the worker’s basic needs.
- Useless if the debtor is self-employed or paid in cash, because CCP § 706.011 only reaches W-2 wages, and 1099 contractors require a different remedy under a bank levy via EJ-130.
- Public record, because filings are searchable, and that may damage your relationship with the debtor or community.
How the Levying Officer, Employer, and Debtor Interact
After you file WG-001, three players run a coordinated process. Knowing each role keeps your case on track.
The levying officer (sheriff or marshal) reviews the WG-001 within a few business days. The plain-English rule under CCP § 706.101 is that the officer issues WG-002 to the employer if the writ is current and the form is complete. The consequence of an incomplete form is a return-and-resubmit notice, which can take weeks.
The employer must begin withholding within 10 days of service, send withheld funds to the sheriff every pay period, and complete the Employer’s Return (Form WG-005). The plain-English rule under CCP § 706.104 is that the employer is personally liable for any amount that should have been withheld but was not. A real example: when BuildRight LLC delayed three pay cycles, the court entered judgment against the company for $1,875 it failed to withhold from Devon’s checks.
The debtor receives a copy of the order and a notice of the right to claim exemption. The plain-English rule under CCP § 706.122 is that the debtor has 10 days from notice to file a Claim of Exemption. The consequence of a successful exemption is reduction or suspension of the garnishment until a contested hearing.
Key Court Rulings That Shape WG-001 Practice
Three California decisions guide modern wage garnishment work. Each shows how courts read the statute when the form goes wrong.
In Imperial Bank v. Pim Electric, Inc. (1995) 33 Cal.App.4th 540, the court held that an employer who ignores a properly issued WG-002 becomes a judgment debtor itself for the unwithheld amount, plus interest. The plain-English takeaway is that employers must take WG-002 seriously the moment it arrives.
In Marriage of Hopkins (2009) 173 Cal.App.4th 281, the court addressed support-order priority and confirmed that a child-support WG-035 always trumps a regular WG-001. The plain-English takeaway is that any creditor who knows of a support order must wait in line.
In Estate of Pearson (1979) 90 Cal.App.3d 770, the court emphasized strict compliance with CCP § 706.101 service requirements, and held that defective service voids any withholding. The plain-English takeaway is that even small service errors can wipe out months of recovered wages.
Three Named Worked Examples From Start to Finish
Below are three full walk-throughs that show the form in real action. Each example draws on the same WG-001 boxes discussed above.
Example 1: Maria’s Contractor Judgment. Maria filed WG-001 listing herself as the creditor, BuildRight LLC as the employer at 4500 Wilshire Blvd, Los Angeles, and Devon Carter as the employee. Item 5 totaled $9,742.16 (principal $9,400, interest $292.16, costs $50). The Los Angeles Sheriff served WG-002 on April 3, 2026, and Maria received her first payment of $312 on April 30.
Example 2: Aisha’s Credit Union Loan. Aisha filed WG-001 for Pacific Trust Credit Union against Devon Carter and disclosed a pre-existing child-support order in Item 7. The Fresno Sheriff issued a subordinated WG-002, and BuildRight withheld 5% (the residual under the 50% combined cap) until the support order ended.
Example 3: Jordan’s Small-Claims Win. Jordan, in pro per, filed WG-001 in Sacramento for $7,854.33 against a former roommate working at a restaurant in Elk Grove. He attached a current writ of execution from Form EJ-130, and the sheriff served the order within 12 days. Jordan tracked weekly $190 deposits until the balance hit zero.
After Filing: What Happens Next
Once the sheriff issues WG-002, the employer must complete the Employer’s Return (WG-005) within 15 days. The plain-English rule under CCP § 706.126 is that this confirms whether the employee still works there and at what rate. The consequence of skipping WG-005 is contempt and personal liability.
If the debtor files WG-006, the creditor has 10 days to oppose using WG-008. The court schedules a hearing within 15 days under CCP § 706.122. The consequence of missing the deadline is automatic grant of the exemption.
When the judgment is paid in full, the creditor must file Form EJ-100 Acknowledgment of Satisfaction within 14 days of demand. The plain-English rule under CCP § 724.050 is that the creditor faces $100 plus actual damages for delay. A common misconception is that the sheriff handles satisfaction. They do not, because that duty falls on the creditor.
Frequently Asked Questions
Do I need an attorney to file WG-001?
No. Any judgment creditor can file pro se, and the California Courts self-help portal provides free guides for individuals filing without counsel.
Can I garnish more than 25% of wages?
No. Regular money judgments are capped at 25% of disposable earnings under CCP § 706.050, although support orders can reach 50% under CCP § 706.052.
Is the sheriff’s filing fee refundable?
No. The county fee, usually $35 to $40, is non-refundable even if the application is rejected, so verify every box before filing.
Can I file WG-001 against an independent contractor?
No. California’s wage garnishment statute reaches only W-2 employees, and 1099 workers require alternate enforcement such as a bank levy under Form EJ-130.
Does a bankruptcy filing stop my garnishment?
Yes. The automatic stay under 11 U.S.C. § 362 halts withholding immediately, and continuing collection can lead to sanctions in federal bankruptcy court.
Can I file WG-001 in any California county?
No. You must file with the levying officer in the county where the employer receives mail, per CCP § 706.101.
Will the debtor get notice before withholding starts?
Yes. The sheriff serves the debtor with a copy of the order and a notice of right to claim exemption under CCP § 706.122.
Can the employer fire the debtor for the garnishment?
No. Federal 15 U.S.C. § 1674 prohibits termination over a single garnishment, and California Labor Code § 2929 reinforces that protection.
Do I need to renew WG-001 if the debtor changes jobs?
Yes. A WG-002 is employer-specific, so a new employer means a fresh WG-001 packet served on a new levying officer.
Can I add post-filing interest to the order?
Yes. Interest accrues at 10% per year under Article XV § 1, and you can update the balance with a new MC-012 if costs grow.
Does WG-001 work against federal employees?
Yes. Federal wages are reachable under the Federal Debt Collection Procedures Act and supplemental state procedures, although service often goes through the federal payroll office instead of a private employer.
Can a debtor stop the garnishment by paying me directly?
Yes. Direct payment ends the garnishment when you file an EJ-100 Satisfaction of Judgment, and failing to file within 14 days exposes you to damages under CCP § 724.050.
Related reading
- How to Fill Out California Form EJ-185 (w/Examples) + FAQs
- How to Fill Out California Form WG-003 (w/Examples) + FAQs
- How to Fill Out California Form WG-006 (w/Examples) + FAQs
- How to Fill Out California Form WG-008 (w/Examples) + FAQs
- How to Fill Out California Form WG-030 (w/Examples) + FAQs
- How to Fill Out Illinois Wage Deduction Notice (w/Examples) + FAQs
- How to Fill Out California Form CIV-010 (w/Examples) + FAQs