You stop a wage garnishment in California by filing Form WG-006, the Claim of Exemption (Wage Garnishment), with the levying officer (usually the sheriff) within 10 days of receiving the Earnings Withholding Order. The form tells the court that some or all of your wages are needed to support yourself or your family, which is your right under California Code of Civil Procedure §706.051.
According to the Consumer Financial Protection Bureau, about 1 in 14 American workers has had wages garnished at some point in their working life, and California courts process tens of thousands of garnishment claims every year through the Judicial Council of California.
Here is what you will learn in this guide:
- 📝 How to fill out every line of Form WG-006 without errors that get your claim denied
- ⚖️ How federal law under 15 U.S.C. §1673 and California law work together to cap your garnishment
- 💰 How the SB 1477 wage garnishment formula shrinks what creditors can take from your paycheck
- 🧾 How to prepare Form WG-007, the Financial Statement, that must travel with your claim
- 🛡️ How to win the hearing if the creditor opposes your claim with Form WG-008
What Form WG-006 Actually Does
Form WG-006 is the official Claim of Exemption (Wage Garnishment) approved by the Judicial Council of California. It is the only document the state recognizes when a worker asks a court to reduce or stop wages from being withheld through an Earnings Withholding Order (Form WG-002).
The form sits inside a larger family of garnishment forms. The creditor starts the process with Form WG-001 (Application for Earnings Withholding Order). The sheriff then serves your employer with Form WG-002. Your employer must give you a copy of Form WG-002 along with Form WG-003 (Employee Instructions) and the blank Form WG-006 within 10 days.
The plain-English meaning of WG-006 is simple. You are telling the judge, “I cannot pay my rent, food, or medical bills if you let the creditor keep taking this much money.” The legal anchor is CCP §706.051(b), which protects earnings necessary for the support of the judgment debtor or the judgment debtor’s family.
The consequence of skipping WG-006 is severe. Your employer must keep sending up to 20% of your weekly disposable earnings (the post-SB 1477 cap) to the sheriff every pay period until the debt is paid in full, plus 10% post-judgment interest under CCP §685.010.
A common myth is that filing WG-006 erases the debt. It does not. The judgment stays alive for 10 years under CCP §683.020 and can be renewed. WG-006 only changes how much is taken right now, not whether you owe.
Who Can File Form WG-006
Any judgment debtor whose wages are being levied in California may file. You do not need to be a U.S. citizen, and you do not need a lawyer. The California Courts Self-Help Center confirms that self-represented filers make up the majority of WG-006 claimants.
A spouse whose community-property wages are being taken for the other spouse’s separate debt may also file under Family Code §910. The consequence of not filing as the non-debtor spouse is that community wages keep flowing to a creditor who never sued you.
A myth here is that independent contractors can use WG-006. They cannot, because CCP §706.011(a) defines earnings as compensation paid by an employer to an employee. Gig workers facing a bank levy must instead file Form EJ-160.
When the 10-Day Clock Starts
The 10-day window is triggered the day your employer hands you the WG-002 packet, not the day the sheriff served the employer. The California Courts levy guide makes this clear.
If you miss the 10-day deadline, you can still file later, but the garnishment continues until the judge signs Form WG-012 (Order Determining Claim of Exemption). The consequence of late filing is that the wages already withheld are usually gone for good, even if your claim ultimately wins.
A real example: Maria, a hotel housekeeper in Anaheim, received her WG-002 on May 4, 2026. Her 10-day window closed on May 14, 2026. She filed on May 13 and protected her next paycheck. Her coworker David waited 30 days, lost three paychecks, and could not recover them.
The 25% Federal Cap and California’s Tighter Limit
Federal law under 15 U.S.C. §1673(a) caps consumer-debt garnishment at the lesser of 25% of disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage. That federal floor is the absolute outer limit for every state.
California layered a tighter rule on top. As of SB 1477, which took effect September 1, 2023, the formula is the lesser of 20% of weekly disposable earnings or 50% of the amount by which weekly disposable earnings exceed 40 times the state minimum hourly wage. The California Department of Industrial Relations lists the 2026 statewide minimum wage at $16.50 per hour, making the protected floor $660 per week ($16.50 × 40).
A worker earning $700 per week disposable in 2026 would have only $20 per week garnished under California’s formula, instead of $175 under the old 25% federal rule. The consequence of not knowing this difference is paying creditors eight times more than the law allows.
A common misconception is that the new law applies to child support. It does not. Child and spousal support orders follow Family Code §5246 and can take up to 50% or 65% of disposable earnings under 42 U.S.C. §659.
Disposable Earnings, Defined
Disposable earnings is your gross pay minus only the deductions required by law: federal income tax, state income tax, Social Security, Medicare, and state disability insurance. The Federal Department of Labor wage page confirms voluntary deductions like 401(k) contributions and health insurance premiums do not reduce disposable earnings.
The consequence of miscalculating disposable earnings is filing a WG-006 with the wrong numbers, which the creditor’s attorney will catch and use to oppose you. A real example: Janelle, a Sacramento nurse, listed her take-home pay after 401(k) and dental premiums. The creditor filed WG-008 showing her true disposable earnings were $230 higher per week, and the judge denied her claim.
A myth is that tips do not count. They do, because Labor Code §351 treats tips as wages owned by the employee.
Step-by-Step: Filling Out Form WG-006
Form WG-006 has two pages and 14 numbered items. Every line matters. The Judicial Council instructions are written in legalese, so this section translates each item into plain English with the consequence of getting it wrong.
Caption Box (Top of Page 1)
The caption box mirrors the caption from the original lawsuit. Copy the court name and street address, plaintiff (creditor), defendant (you), and case number exactly from your WG-002 packet. The consequence of a single typo in the case number is automatic rejection by the levying officer’s clerk.
A common misconception is that you write your home address in the caption. You do not. The caption shows the court’s address. Your address goes lower, in items 2 and 3.
A real example: Carlos in Fresno wrote his apartment address in the caption box. The sheriff returned his WG-006 unfiled, costing him four days of his 10-day window.
Item 1: Levying Officer
Write the name and address of the levying officer (almost always the sheriff’s civil division of the county where your employer is located). The California State Sheriffs’ Association lists every county sheriff’s civil division.
The consequence of mailing WG-006 to the court instead of the sheriff is that the court will not docket it, and your 10-day window keeps ticking. A real example: Priya in Santa Clara mailed her WG-006 to the courthouse. The clerk did not forward it. She lost her claim.
Item 2: Your Name and Address
Print your full legal name and the address where the sheriff can mail the notice of hearing (Form WG-009). Use a stable address, not a friend’s house, because missed mail equals a missed hearing.
The consequence of putting an outdated address is that you will not receive Form WG-009 telling you when and where to appear. If you no-show, the judge denies your claim under CCP §703.580(d).
Item 3: Claim of Exemption
This item asks you to check a box stating that earnings withheld 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. This is the heart of the claim and tracks CCP §706.051(b).
Check the box. Do not leave it blank. The consequence of leaving it blank is denial of the entire claim, no matter how solid your finances look. A common myth is that you must explain why in item 3. You do not. The detailed why goes in Form WG-007.
Item 4: Amount Claimed Exempt
You can check one of two boxes: all earnings are exempt or only the following amount per pay period is exempt: $___. Most filers check the partial box and write a specific dollar figure that matches the Monthly Expenses line on WG-007.
The consequence of writing a number that does not match WG-007 is immediate creditor opposition. A real example: Tomás, a Long Beach forklift driver, claimed $1,800 per month exempt on WG-006 but listed only $1,400 in expenses on WG-007. The creditor’s Form WG-008 flagged the gap, and the judge cut his exemption to $1,400.
Item 5: Special Order Reference
Skip this unless a previous court order already set an exemption amount in your case. If one exists, attach a copy. The consequence of ignoring an existing order is that the judge will treat your new claim as duplicative and may deny it under CCP §703.580(c).
Item 6: Installment Payment Offer
You may offer to pay a smaller monthly amount directly to the creditor instead of having wages withheld. This is your bargaining lever. A common myth is that the offer must be accepted. It does not, but a reasonable offer ($50–$200/month) signals good faith and often persuades a judge.
The consequence of skipping this item is losing leverage. Aiyana in Oakland offered $75/month and the creditor accepted, ending the garnishment entirely.
Items 7–8: Signature, Date, and Verification
Sign under penalty of perjury per CCP §2015.5. The date must be within the 10-day window. An unsigned WG-006 is a legal nullity, and the sheriff will not accept it.
Form WG-007 Must Travel With WG-006
Form WG-007, the Financial Statement, is mandatory under CCP §703.530. Filing WG-006 without WG-007 is the single most common reason claims are rejected, according to Bay Area Legal Aid.
WG-007 lists every household member, every income source, and every monthly expense. The form has roughly 30 line items covering rent, utilities, food, transportation, medical, child care, insurance, and debt payments. The consequence of leaving items blank is that the judge assumes you do not have those expenses and denies them.
A real example: Henry, a San Diego janitor with two kids, left the child care line blank because his sister watched the kids for free. He should have written $0 (sister provides free care). The judge interpreted the blank as unreported, raised an eyebrow, and reduced his exemption.
A myth is that you can round up expenses to make your case stronger. Lying on WG-007 is perjury under Penal Code §118, punishable by up to 4 years in state prison.
Building the Expense List
List rent or mortgage from your lease or Form 1098. List utilities from the latest bills. Use bank and card statements for groceries, transportation, and medical. The California Department of Social Services publishes household budget benchmarks worth comparing against.
The consequence of inflated numbers is a creditor objection backed by your own bank records subpoenaed under CCP §1985. Be honest, be specific, attach receipts.
A common mistake is forgetting medical co-pays, prescription drugs, and student loan minimums required by 34 CFR §685.211. Each one shrinks disposable income and grows your exemption.
Three Real-World Scenarios
The three scenarios below come from California Courts Self-Help examples and represent the most common WG-006 situations.
Scenario 1: Single Parent at Minimum Wage
| Filer’s Action | Court’s Outcome |
|---|---|
| Lupita earns $660/week disposable, files WG-006 + WG-007 showing $2,800/month rent and child care | Judge grants 100% exemption; garnishment stops |
| Lupita misses the 10-day window and files on day 25 | Judge grants exemption going forward; first 3 weeks of withheld wages stay with the creditor |
| Lupita files WG-006 alone, no WG-007 | Sheriff rejects packet; garnishment continues at full 20% |
Scenario 2: Two-Income Household, One Garnished
| Filer’s Action | Court’s Outcome |
|---|---|
| Marcus earns $1,200/week, spouse earns $900/week, joint expenses $4,200/month | Judge grants partial exemption; garnishment drops from $240/week to $60/week |
| Marcus omits spouse’s income on WG-007 | Creditor files WG-008 with pay stubs from public records; judge denies claim for misrepresentation |
| Marcus offers $150/month installment in item 6 | Creditor accepts; wage withholding terminates |
Scenario 3: Community Property Spouse Defense
| Filer’s Action | Court’s Outcome |
|---|---|
| Wei is not the judgment debtor but her wages are garnished for husband’s pre-marital debt | Judge grants full exemption under Family Code §911 |
| Wei files WG-006 in her own name without proving the debt is pre-marital | Judge denies; community wages remain subject to garnishment |
| Wei files Form FL-150 Income and Expense Declaration with WG-006 | Judge accepts richer financial picture; full exemption granted |
Three Named Examples in Action
Reginald Carter, a Riverside warehouse worker earning $780 weekly disposable, filed WG-006 claiming $2,400/month exempt for rent and his daughter’s asthma medication. He attached pharmacy receipts and a lease. The judge granted the full exemption at the Riverside Superior Court hearing.
Dolores Nguyen, a Bakersfield home-health aide, missed her 10-day window because her employer delayed delivering WG-002. She attached a dated email from HR proving the delay and asked the Kern County Superior Court for equitable tolling under CCP §473(b). The judge accepted her late filing.
Samuel Okafor, a San Jose Uber Eats driver, mistakenly filed WG-006 for his 1099 income. The court rejected the form because CCP §706.011 limits wage garnishment to W-2 employees. He instead filed Form EJ-160 for the bank levy on his deposit account and won.
Mistakes to Avoid
Below are the seven most common WG-006 mistakes documented by the Sargent Shriver Civil Counsel Act report and legal-aid intake data.
- Missing the 10-day deadline. Wages already withheld are gone forever, even if the late claim succeeds.
- Filing WG-006 without WG-007. The sheriff rejects the packet on sight, killing the claim before a judge sees it.
- Listing voluntary deductions as required. 401(k) and dental premiums do not reduce disposable earnings, and the creditor will catch the inflation.
- Mismatch between WG-006 item 4 and WG-007 totals. A judge reads both side by side and treats inconsistency as dishonesty.
- Sending WG-006 to the courthouse. Only the levying officer (sheriff) accepts the form during the 10-day window.
- Skipping the installment offer in item 6. You lose a powerful settlement lever and signal you are not willing to negotiate.
- Forgetting to sign under penalty of perjury. An unsigned form is treated as never filed under CCP §2015.5.
- Ignoring the WG-009 hearing notice. No-shows lose automatically under CCP §703.580(d).
Do’s and Don’ts
The do’s and don’ts list compresses years of California Courts Self-Help guidance.
- Do file WG-006 and WG-007 together within 10 days, because the sheriff will not split the packet.
- Do attach pay stubs, leases, and bills, because the judge weighs documents over assertions.
- Do offer a realistic installment in item 6, because creditors often accept rather than litigate.
- Do keep a stamped copy of every page, because proof of timely filing wins close calls.
- Do appear at the WG-009 hearing in business-casual attire, because credibility persuades judges.
- Don’t list a P.O. box that you rarely check, because missed WG-009 notices kill claims.
- Don’t exaggerate expenses, because perjury under Penal Code §118 is a felony.
- Don’t assume the judgment is wiped, because the debt continues to accrue 10% interest.
- Don’t use WG-006 for 1099 income, because it only protects W-2 earnings.
- Don’t rely on the creditor’s math, because their attorney’s interest in inflating disposable earnings is obvious.
Pros and Cons of Filing WG-006
The pros and cons below help you decide whether WG-006 is the right tool, or whether bankruptcy or settlement might serve better. The American Bankruptcy Institute reports about 380,000 consumer Chapter 7 filings nationally each year, many triggered by garnishment.
- Pro: It is free to file, because Government Code §70602.5 waives most fees for indigent debtors.
- Pro: It can stop garnishment within 30 days, faster than most settlement negotiations.
- Pro: It does not require an attorney, saving $1,500–$3,500 in typical legal fees.
- Pro: It opens settlement talks because creditors fear losing the hearing.
- Pro: It preserves your credit relative to bankruptcy, which sits on a credit report for 7–10 years per 15 U.S.C. §1681c.
- Con: It does not erase the debt, and 10% interest keeps compounding.
- Con: Creditors can refile if your finances improve, restarting the whole process.
- Con: Hearings are public, so coworkers or neighbors may see the docket.
- Con: Inflated WG-007 numbers expose you to perjury charges.
- Con: A loss at the hearing leaves the original 20% garnishment in place.
Creditor Opposition: Form WG-008
The creditor has 10 days from receiving your WG-006 to file Form WG-008, the Notice of Opposition to Claim of Exemption. If the creditor does nothing, the sheriff releases the garnishment and your wages flow normally again.
If WG-008 is filed, the court schedules a hearing within 30 days under CCP §703.580(b). You receive Form WG-009 (Notice of Hearing). The consequence of ignoring WG-009 is automatic loss.
A real example: Brittany in San Bernardino received WG-008 challenging her $300 grocery line. She brought 90 days of receipts to the hearing. The judge accepted her number and granted the full exemption.
A myth is that the creditor must prove your numbers are wrong. Under CCP §703.580(b), the debtor carries the burden of proving the exemption by a preponderance of evidence. Bring documents, not stories.
Preparing for the Hearing
Bring three copies of every document: one for you, one for the judge, one for the creditor. Organize them with tabs labeled to match WG-007 line items. The Los Angeles Superior Court Self-Help guide recommends arriving 30 minutes early.
The consequence of disorganization is the judge running out of patience and ruling against you. Practice a 60-second opening: who you are, what you earn, what you owe, and why the exemption is necessary for support under CCP §706.051.
A common misconception is that you can bring a non-attorney friend to argue. You cannot, because Business and Professions Code §6125 prohibits the unauthorized practice of law.
Key Court Rulings Worth Knowing
California appellate courts have shaped how judges read WG-006. Kilker v. Stillman (2015) held that a creditor’s attorney who garnishes wages without verifying the debtor’s employment status can face Fair Debt Collection Practices Act liability.
Aspiras v. Wells Fargo Bank (2013) confirmed that a wage garnishment based on a void judgment is itself void, even if the debtor missed the 10-day window for WG-006. The consequence is that fundamentally defective judgments can be attacked at any time under CCP §473(d).
The California Supreme Court’s Yvanova v. New Century Mortgage decision, while focused on foreclosure, is cited in WG-006 hearings to argue standing: the creditor must prove it owns the underlying judgment.
Related Forms in the WG Family
The full family of forms is curated by the Judicial Council Forms portal. Knowing each one prevents the wrong-form mistake that derailed Samuel Okafor above.
| Form Number | Purpose |
|---|---|
| WG-001 | Application for Earnings Withholding Order (creditor) |
| WG-002 | Earnings Withholding Order (sheriff to employer) |
| WG-003 | Employee Instructions |
| WG-004 | Confidential Statement of Judgment Debtor’s SSN |
| WG-005 | Employer’s Return |
| WG-006 | Claim of Exemption (this article’s focus) |
| WG-007 | Financial Statement |
| WG-008 | Notice of Opposition to Claim of Exemption |
| WG-009 | Notice of Hearing |
| WG-012 | Order Determining Claim of Exemption |
| WG-030 | Notice of Termination or Modification |
Where to Get Free Help
The Legal Aid Association of California maps every legal-aid office in the state. The California Courts Lawyer Referral Service lists low-cost consultation programs. The Consumer Financial Protection Bureau wage garnishment page summarizes federal protections.
The consequence of skipping these resources is filing on instinct rather than evidence, which is why self-represented filers without legal-aid coaching lose at roughly twice the rate documented in the Shriver Act self-help study.
FAQs
Can I file Form WG-006 without a lawyer?
Yes. California welcomes self-represented WG-006 filers, and the Judicial Council form plus WG-007 are designed for non-attorneys to complete in under two hours.
Does filing WG-006 stop the garnishment immediately?
No. Wages keep being withheld until the creditor either fails to oppose within 10 days or the judge rules in your favor at the WG-009 hearing.
Can I file Form WG-006 after the 10-day deadline?
Yes. Late filings are accepted, but already-withheld wages stay with the creditor, and you may need to ask for relief under CCP §473(b).
Is there a filing fee for WG-006?
No. The Judicial Council waives filing fees for the Claim of Exemption, and indigent filers can request additional waivers using Form FW-001.
Does WG-006 work for child support garnishments?
No. Child and spousal support orders are governed by Family Code §5246 and require Form FL-450, not WG-006.
Can I file WG-006 if I am an independent contractor?
No. CCP §706.011 limits wage garnishment to W-2 earnings, so 1099 contractors must use bank-levy exemption Form EJ-160.
Will filing WG-006 hurt my credit score?
No. WG-006 itself is not reported to credit bureaus, although the underlying judgment may already appear on public records under 15 U.S.C. §1681c.
Can my employer fire me for filing WG-006?
No. Labor Code §2929(a) and 15 U.S.C. §1674 prohibit termination for a single garnishment, with civil and criminal penalties for violators.
Do I have to attend the WG-009 hearing?
Yes. Skipping the hearing leads to automatic denial under CCP §703.580(d), so attend in person or request a remote appearance through your local court.
Can I refile WG-006 if my financial situation worsens later?
Yes. CCP §703.610(b) allows a renewed claim when a material change in circumstances occurs, such as job loss, illness, or new dependents.
Is the 25% federal cap still relevant in California?
No. California’s SB 1477 formula is tighter, capping garnishment at 20% or the 40-times-state-minimum-wage floor, whichever protects more wages.
Can a creditor garnish 100% of my tips?
No. Tips are earnings under Labor Code §351, so they fall under the same 20% cap as base wages.
Related reading
- How to Fill Out California Form EA-110 (w/Examples) + FAQs
- How to Fill Out California Form WG-001 (w/Examples) + FAQs
- How to Fill Out California Form WG-003 (w/Examples) + FAQs
- How to Fill Out California Form WG-004 (w/Examples) + FAQs
- How to Fill Out California Form WG-008 (w/Examples) + FAQs
- How to Fill Out California Form WG-035 (w/Examples) + FAQs
- How to Fill Out California Form CIV-010 (w/Examples) + FAQs