Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 774Introduced by Assembly Member Bauer-KahanFebruary 18, 2025An act relating to civil procedure. An act to amend Sections 684.130, 703.570, 706.021, 706.022, and 706.105 of the Code of Civil Procedure, relating to civil actions.LEGISLATIVE COUNSEL'S DIGESTAB 774, as amended, Bauer-Kahan. Civil procedure. Civil actions: enforcement of judgments.(1) Existing law specifies procedures and requirements for a levying officer to serve documents, including a writ of execution issued by a court, on a judgment debtor. If the judgment upon which the writ is issued is for personal debt, the judgment creditor must provide the levying officer with a declaration stating that they have verified the judgment debtors address and specifying the method of verification. Existing law requires a judgment creditor to file with the court the declaration within 5 business days after delivering it to the levying officer. Existing law also requires a judgment creditor executing a levy on the earnings of an employee to serve the earnings withholding order on both the judgment debtor employee and their employer.This bill would specify that transmittal of a legal pleading by first-class mail, certified mail, or other method of transmission through the United States Postal Service providing a return receipt, as specified, is a permissible method of verification. The bill would instead require the judgment creditor to file with the court the declaration described above within 10 business days after delivering it to the levying officer. The bill would also permit the declaration to be signed by an individual with adequate knowledge of the verification process, including a custodian of records or an attorney for the judgment creditor. The bill would delete the requirement that a judgment creditor executing a levy on the earnings of an employee serve the earnings withholding order on the employee.(2) Existing law specifies various procedures and requirements for a judgment debtor to claim exemptions to property that has been levied upon to satisfy a judgment. Existing law places the burden of proof on the claimant at a hearing to determine the claim of exemption. If the judgment upon which a writ of execution is issued is for personal debt, a court must order the return of any property that was exempt without the need for a claim or that would have been exempt by a claim of exemption, and that was levied upon within specified periods. Existing law specifies procedures and requirements for a money judgment to be satisfied and for the court to enter a satisfaction of judgment.This bill would clarify that the filing of an ex parte application in lieu of a motion for purposes of the procedures described above does not constitute a general appearance for purposes of a court exercising its jurisdiction over a party.Existing law establishes various requirements and limitations on civil actions, civil procedure, the courts, and related matters, as specified.This bill would express the intent of the Legislature to enact legislation relating to civil procedure.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 684.130 of the Code of Civil Procedure is amended to read:684.130. (a) If the levying officer is required by any provision of this title to serve any writ, order, notice, or other paper on any person, the judgment creditor shall include in the instructions to the levying officer the correct name and address of the person. The judgment creditor shall use reasonable diligence to ascertain the correct name and address of the person.(b) (1) Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, this subdivision shall apply.(2) The judgment creditor shall also provide the levying officer with a declaration stating that the judgment creditor has verified using reasonable diligence within the past 12 months that the judgment debtors address is correct to the best of the declarants knowledge, and describing the verification dates and the methods used, which may include, but are not limited to, the following methods:(A) Receipt of correspondence from the judgment debtor, dated no more than 12 months before the execution of the declaration, that includes a return address or other comparable verification of the judgment debtors address.(B) Transmittal of a letter or legal pleading by certified mail, or other method of transmission through the United States Postal Service providing a return receipt, to the judgment debtors address, with a return receipt dated no more than 12 months before the execution of the declaration that is signed by the judgment debtor.(C) Verification of the judgment debtors current address by a commercial address verification service, including skip-tracing, or, if reasonably available, a public record database, followed by dispatch of a letter, letter or legal pleading, by first-class mail to the verified address, that was not returned to sender.(3) The levying officer shall not accept or serve any writ, order, notice, or other paper on any person if the judgment creditor fails to provide a declaration as described in paragraph (2).(4) Upon notice by the judgment debtor that the requirements of this section have not been met, the court shall stay the notice of levy or earnings withholding order until the requirements of this section have been satisfied.(5) The judgment creditors cost of verification of the judgment debtors address is not recoverable.(6) The judgment creditor shall file with the court the signed declaration within five 10 business days after delivering the declaration to the levying officer.(7) The declaration required by this section may be signed by any individual with adequate knowledge of the verification, including, but not limited to, a custodian of records. If the judgment creditor is represented by an attorney, the declaration may be signed by any employee of the attorney or the attorneys law firm with adequate knowledge of the verification, including, but not limited to, a custodian of records.(c) Unless the levying officer has actual knowledge that the name or address included in the instructions is incorrect, the levying officer shall rely on the instructions in serving the writ, order, notice, or other paper on the person.SEC. 2. Section 703.570 of the Code of Civil Procedure is amended to read:703.570. (a) (1) The hearing on the motion shall be held not later than 30 days from the date the notice of motion was filed with the court unless continued by the court for good cause. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, if the hearing is delayed by the court and cannot be set within 30 days of notice of the motion, a party may seek by ex parte application, and the court shall issue, an order staying any levy or garnishment with respect to the property subject to the claim of exemption until the hearing occurs.(2) The filing of an ex parte application under this section is not a general appearance and shall not constitute a waiver of the right to bring a motion under Section 418.10.(b) Not less than 10 days prior to the hearing, the judgment creditor shall serve a notice of the hearing and a copy of the notice of opposition to the claim of exemption on the claimant and on the judgment debtor, if other than the claimant. Service shall be made personally or by mail.SEC. 3. Section 706.021 of the Code of Civil Procedure is amended to read:706.021. Notwithstanding any other provision of this title, a levy of execution upon the earnings of an employee shall be made by service of an earnings withholding order upon the judgment debtors employer and judgment debtor in accordance with this chapter.SEC. 4. Section 706.022 of the Code of Civil Procedure is amended to read:706.022. (a) A judgment creditor shall not enforce an earnings withholding order beyond the period of enforceability as defined in Section 683.020 or, if renewed, as provided for in subdivision (c) of Section 683.120. As used in this section, withholding period means the period which commences on the 30th day after service of an earnings withholding order upon the judgment debtor. judgment debtors employer. If a claim of exemption is filed with the levying officer, and the employer is given actual notice before the close of business on the 29th day after the service of the earnings withholding order on the judgment debtor, the withholding period commences on the 45th day after service of the earnings withholding order on the judgment debtor. The withholding period shall continue until the earliest of the following dates:(1) The date the employer has withheld the full amount required to satisfy the order.(2) The date of termination specified in a court order served on the employer.(3) The date of termination specified in a notice of termination served on the employer by the levying officer.(4) The date of termination of a dormant or suspended earnings withholding order as determined pursuant to Section 706.032.(b) Except as otherwise provided by statute, an employer shall withhold the amounts required by an earnings withholding order from all earnings of the employee payable for any pay period of the employee which ends during the withholding period.(c) An employer is not liable for any amounts withheld and paid over to the levying officer pursuant to an earnings withholding order prior to service upon the employer pursuant to paragraph (2) or (3) of subdivision (a).SEC. 5. Section 706.105 of the Code of Civil Procedure is amended to read:706.105. (a) A judgment debtor may claim an exemption under Section 706.051 under either of the following circumstances:(1) No prior hearing has been held with respect to the earnings withholding order.(2) There has been a material change in circumstances since the time of the last prior hearing on the earnings withholding order.(b) A claim of exemption shall be made by filing with the levying officer an original and one copy of (1) the judgment debtors claim of exemption and (2) the judgment debtors financial statement.(c) Upon filing of the claim of exemption, the levying officer shall promptly send to the judgment creditor, at the address stated in the application for the earnings withholding order, by first-class mail, postage prepaid, all of the following:(1) A copy of the claim of exemption.(2) A copy of the financial statement.(3) A notice of claim of exemption. The notice shall state that the claim of exemption has been filed and that the earnings withholding order will be terminated, or modified to reflect the amount of earnings claimed to be exempt in the claim of exemption, unless a notice of opposition to the claim of exemption is filed with the levying officer by the judgment creditor within 10 days after the date of the mailing of the notice of claim of exemption.(d) A judgment creditor who desires to contest a claim of exemption shall, within 10 days after the date of the mailing of the notice of claim of exemption, file with the levying officer a notice of opposition to the claim of exemption.(e) (1) If a notice of opposition to the claim of exemption is filed with the levying officer within the 10-day period, the judgment creditor is entitled to a hearing on the claim of exemption. If the judgment creditor desires a hearing on the claim of exemption, the judgment creditor shall file a notice of motion for an order determining the claim of exemption with the court within 10 days after the date the levying officer mailed the notice of claim of exemption. If the notice of motion is so filed, the hearing on the motion shall be held not later than 30 days from the date the notice of motion was filed unless continued by the court for good cause. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, if the hearing is delayed by the court and cannot be set within 30 days of notice of the motion, a party may seek by ex parte application, and the court shall issue, an order staying any levy or garnishment with respect to the property subject to the claim of exemption until the hearing occurs. At the time prescribed by subdivision (b) of Section 1005, the judgment creditor shall give written notice of the hearing to the levying officer and shall serve a notice of the hearing and a copy of the notice of opposition to the claim of exemption on the judgment debtor and, if the claim of exemption so requested, on the attorney for the judgment debtor. Service is deemed made when the notice of the hearing and a copy of the notice of opposition to the claim of exemption are deposited in the mail, postage prepaid, addressed to the judgment debtor at the address stated in the claim of exemption and, if service on the attorney for the judgment debtor was requested in the claim of exemption, to the attorney at the address stated in the claim of exemption. The judgment creditor shall file proof of the service with the court. After receiving the notice of the hearing and before the date set for the hearing, the levying officer shall file the claim of exemption and the notice of opposition to the claim of exemption with the court.(2) The filing of an ex parte application under this section is not a general appearance and shall not constitute a waiver of the right to bring a motion under Section 418.10.(f) If the levying officer does not receive a notice of opposition to the claim of exemption within the 10-day period after the date of mailing of the notice of claim of exemption and a notice of the hearing not later than 10 days after the filing of the notice of opposition to the claim of exemption, the levying officer shall serve on the employer one of the following:(1) A notice that the earnings withholding order has been terminated if all of the judgment debtors earnings were claimed to be exempt.(2) A modified earnings withholding order that reflects the amount of earnings claimed to be exempt in the claim of exemption if only a portion of the judgment debtors earnings was claimed to be exempt.(g) If, after hearing, the court orders that the earnings withholding order be modified or terminated, the clerk shall promptly transmit a certified copy of the order to the levying officer who shall promptly serve on the employer of the judgment debtor (1) a copy of the modified earnings withholding order or (2) a notice that the earnings withholding order has been terminated.(1) Where the judgment debtors wages are exempt without making a claim, the court shall terminate or modify the earnings withholding order, and shall order the return by a date certain of all of the judgment debtors exempt wages. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, the court shall order the return by a date certain of any wages that were exempt without the need for a claim and that were garnished for up to 12 months preceding the date of the order on the claim of exemption. This paragraph does not limit a judges authority to order, for good cause, the return of any exempt property taken more than 12 months preceding the date of the order on the claim of exemption.(2) Where the judgment debtors wages are exempt as the result of a claim of exemption, the court shall terminate or modify the earnings withholding order, and shall order the return by a date certain of all of the judgment debtors exempt wages. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, the court shall order the return by a date certain any wages that the debtor has demonstrated would have been exempt by claim of exemption and that were garnished for up to six months preceding the date of the order on the claim of exemption. This paragraph does not limit a judges authority to order, for good cause, the return of any exempt property taken more than six months preceding the date of the order on the claim of exemption.(3) If the court determines that any amount withheld pursuant to the earnings withholding order should be paid to the judgment debtor, the court shall order the levying officer, judgment creditor, or other person, who is in possession of the property, to return the exempt property to the judgment debtor. A levying officer shall return the exempt property within 20 business days of receipt of notice of the order. A judgment creditor shall return the exempt property within 10 business days of entry of the order.(h) If the earnings withholding order is terminated by the court, unless the court otherwise orders or unless there is a material change of circumstances since the time of the last prior hearing on the earnings withholding order, the judgment creditor may not apply for another earnings withholding order directed to the same employer with respect to the same judgment debtor for a period of 100 days following the date of service of the earnings withholding order or 60 days after the date of the termination of the order, whichever is later. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, the judgment creditor may not apply for another earnings withholding order directed to the same employer with respect to the same judgment debtor for a period of 100 days following the date of service of the earnings withholding order or 60 days after the date of the termination of the order, whichever is later.(i) If an employer has withheld and paid over amounts pursuant to an earnings withholding order after the date of termination of the order but prior to the receipt of notice of its termination, the judgment debtor may recover those amounts only from the levying officer if the levying officer still holds those amounts or, if those amounts have been paid over to the judgment creditor, from the judgment creditor. If the employer has withheld amounts pursuant to an earnings withholding order after termination of the order but has not paid over those amounts to the levying officer, the employer shall pay those amounts to the judgment debtor within five business days of the end of the next pay period.(j) An appeal lies from any court order under this section denying a claim of exemption or modifying or terminating an earnings withholding order. An appeal by the judgment creditor from an order modifying or terminating the earnings withholding order does not stay the order from which the appeal is taken. Notwithstanding the appeal, until the order modifying or terminating the earnings withholding order is set aside or modified, the order allowing the claim of exemption in whole or in part shall be given the same effect as if the appeal had not been taken.(k) This section does not apply to a withholding order for support or a withholding order for taxes.SECTION 1.It is the intent of the Legislature to enact legislation relating to civil procedure.
Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 774Introduced by Assembly Member Bauer-KahanFebruary 18, 2025An act relating to civil procedure. An act to amend Sections 684.130, 703.570, 706.021, 706.022, and 706.105 of the Code of Civil Procedure, relating to civil actions.LEGISLATIVE COUNSEL'S DIGESTAB 774, as amended, Bauer-Kahan. Civil procedure. Civil actions: enforcement of judgments.(1) Existing law specifies procedures and requirements for a levying officer to serve documents, including a writ of execution issued by a court, on a judgment debtor. If the judgment upon which the writ is issued is for personal debt, the judgment creditor must provide the levying officer with a declaration stating that they have verified the judgment debtors address and specifying the method of verification. Existing law requires a judgment creditor to file with the court the declaration within 5 business days after delivering it to the levying officer. Existing law also requires a judgment creditor executing a levy on the earnings of an employee to serve the earnings withholding order on both the judgment debtor employee and their employer.This bill would specify that transmittal of a legal pleading by first-class mail, certified mail, or other method of transmission through the United States Postal Service providing a return receipt, as specified, is a permissible method of verification. The bill would instead require the judgment creditor to file with the court the declaration described above within 10 business days after delivering it to the levying officer. The bill would also permit the declaration to be signed by an individual with adequate knowledge of the verification process, including a custodian of records or an attorney for the judgment creditor. The bill would delete the requirement that a judgment creditor executing a levy on the earnings of an employee serve the earnings withholding order on the employee.(2) Existing law specifies various procedures and requirements for a judgment debtor to claim exemptions to property that has been levied upon to satisfy a judgment. Existing law places the burden of proof on the claimant at a hearing to determine the claim of exemption. If the judgment upon which a writ of execution is issued is for personal debt, a court must order the return of any property that was exempt without the need for a claim or that would have been exempt by a claim of exemption, and that was levied upon within specified periods. Existing law specifies procedures and requirements for a money judgment to be satisfied and for the court to enter a satisfaction of judgment.This bill would clarify that the filing of an ex parte application in lieu of a motion for purposes of the procedures described above does not constitute a general appearance for purposes of a court exercising its jurisdiction over a party.Existing law establishes various requirements and limitations on civil actions, civil procedure, the courts, and related matters, as specified.This bill would express the intent of the Legislature to enact legislation relating to civil procedure.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly March 24, 2025
Amended IN Assembly March 24, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 774
Introduced by Assembly Member Bauer-KahanFebruary 18, 2025
Introduced by Assembly Member Bauer-Kahan
February 18, 2025
An act relating to civil procedure. An act to amend Sections 684.130, 703.570, 706.021, 706.022, and 706.105 of the Code of Civil Procedure, relating to civil actions.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 774, as amended, Bauer-Kahan. Civil procedure. Civil actions: enforcement of judgments.
(1) Existing law specifies procedures and requirements for a levying officer to serve documents, including a writ of execution issued by a court, on a judgment debtor. If the judgment upon which the writ is issued is for personal debt, the judgment creditor must provide the levying officer with a declaration stating that they have verified the judgment debtors address and specifying the method of verification. Existing law requires a judgment creditor to file with the court the declaration within 5 business days after delivering it to the levying officer. Existing law also requires a judgment creditor executing a levy on the earnings of an employee to serve the earnings withholding order on both the judgment debtor employee and their employer.This bill would specify that transmittal of a legal pleading by first-class mail, certified mail, or other method of transmission through the United States Postal Service providing a return receipt, as specified, is a permissible method of verification. The bill would instead require the judgment creditor to file with the court the declaration described above within 10 business days after delivering it to the levying officer. The bill would also permit the declaration to be signed by an individual with adequate knowledge of the verification process, including a custodian of records or an attorney for the judgment creditor. The bill would delete the requirement that a judgment creditor executing a levy on the earnings of an employee serve the earnings withholding order on the employee.(2) Existing law specifies various procedures and requirements for a judgment debtor to claim exemptions to property that has been levied upon to satisfy a judgment. Existing law places the burden of proof on the claimant at a hearing to determine the claim of exemption. If the judgment upon which a writ of execution is issued is for personal debt, a court must order the return of any property that was exempt without the need for a claim or that would have been exempt by a claim of exemption, and that was levied upon within specified periods. Existing law specifies procedures and requirements for a money judgment to be satisfied and for the court to enter a satisfaction of judgment.This bill would clarify that the filing of an ex parte application in lieu of a motion for purposes of the procedures described above does not constitute a general appearance for purposes of a court exercising its jurisdiction over a party.Existing law establishes various requirements and limitations on civil actions, civil procedure, the courts, and related matters, as specified.This bill would express the intent of the Legislature to enact legislation relating to civil procedure.
(1) Existing law specifies procedures and requirements for a levying officer to serve documents, including a writ of execution issued by a court, on a judgment debtor. If the judgment upon which the writ is issued is for personal debt, the judgment creditor must provide the levying officer with a declaration stating that they have verified the judgment debtors address and specifying the method of verification. Existing law requires a judgment creditor to file with the court the declaration within 5 business days after delivering it to the levying officer. Existing law also requires a judgment creditor executing a levy on the earnings of an employee to serve the earnings withholding order on both the judgment debtor employee and their employer.
This bill would specify that transmittal of a legal pleading by first-class mail, certified mail, or other method of transmission through the United States Postal Service providing a return receipt, as specified, is a permissible method of verification. The bill would instead require the judgment creditor to file with the court the declaration described above within 10 business days after delivering it to the levying officer. The bill would also permit the declaration to be signed by an individual with adequate knowledge of the verification process, including a custodian of records or an attorney for the judgment creditor. The bill would delete the requirement that a judgment creditor executing a levy on the earnings of an employee serve the earnings withholding order on the employee.
(2) Existing law specifies various procedures and requirements for a judgment debtor to claim exemptions to property that has been levied upon to satisfy a judgment. Existing law places the burden of proof on the claimant at a hearing to determine the claim of exemption. If the judgment upon which a writ of execution is issued is for personal debt, a court must order the return of any property that was exempt without the need for a claim or that would have been exempt by a claim of exemption, and that was levied upon within specified periods. Existing law specifies procedures and requirements for a money judgment to be satisfied and for the court to enter a satisfaction of judgment.
This bill would clarify that the filing of an ex parte application in lieu of a motion for purposes of the procedures described above does not constitute a general appearance for purposes of a court exercising its jurisdiction over a party.
Existing law establishes various requirements and limitations on civil actions, civil procedure, the courts, and related matters, as specified.
This bill would express the intent of the Legislature to enact legislation relating to civil procedure.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 684.130 of the Code of Civil Procedure is amended to read:684.130. (a) If the levying officer is required by any provision of this title to serve any writ, order, notice, or other paper on any person, the judgment creditor shall include in the instructions to the levying officer the correct name and address of the person. The judgment creditor shall use reasonable diligence to ascertain the correct name and address of the person.(b) (1) Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, this subdivision shall apply.(2) The judgment creditor shall also provide the levying officer with a declaration stating that the judgment creditor has verified using reasonable diligence within the past 12 months that the judgment debtors address is correct to the best of the declarants knowledge, and describing the verification dates and the methods used, which may include, but are not limited to, the following methods:(A) Receipt of correspondence from the judgment debtor, dated no more than 12 months before the execution of the declaration, that includes a return address or other comparable verification of the judgment debtors address.(B) Transmittal of a letter or legal pleading by certified mail, or other method of transmission through the United States Postal Service providing a return receipt, to the judgment debtors address, with a return receipt dated no more than 12 months before the execution of the declaration that is signed by the judgment debtor.(C) Verification of the judgment debtors current address by a commercial address verification service, including skip-tracing, or, if reasonably available, a public record database, followed by dispatch of a letter, letter or legal pleading, by first-class mail to the verified address, that was not returned to sender.(3) The levying officer shall not accept or serve any writ, order, notice, or other paper on any person if the judgment creditor fails to provide a declaration as described in paragraph (2).(4) Upon notice by the judgment debtor that the requirements of this section have not been met, the court shall stay the notice of levy or earnings withholding order until the requirements of this section have been satisfied.(5) The judgment creditors cost of verification of the judgment debtors address is not recoverable.(6) The judgment creditor shall file with the court the signed declaration within five 10 business days after delivering the declaration to the levying officer.(7) The declaration required by this section may be signed by any individual with adequate knowledge of the verification, including, but not limited to, a custodian of records. If the judgment creditor is represented by an attorney, the declaration may be signed by any employee of the attorney or the attorneys law firm with adequate knowledge of the verification, including, but not limited to, a custodian of records.(c) Unless the levying officer has actual knowledge that the name or address included in the instructions is incorrect, the levying officer shall rely on the instructions in serving the writ, order, notice, or other paper on the person.SEC. 2. Section 703.570 of the Code of Civil Procedure is amended to read:703.570. (a) (1) The hearing on the motion shall be held not later than 30 days from the date the notice of motion was filed with the court unless continued by the court for good cause. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, if the hearing is delayed by the court and cannot be set within 30 days of notice of the motion, a party may seek by ex parte application, and the court shall issue, an order staying any levy or garnishment with respect to the property subject to the claim of exemption until the hearing occurs.(2) The filing of an ex parte application under this section is not a general appearance and shall not constitute a waiver of the right to bring a motion under Section 418.10.(b) Not less than 10 days prior to the hearing, the judgment creditor shall serve a notice of the hearing and a copy of the notice of opposition to the claim of exemption on the claimant and on the judgment debtor, if other than the claimant. Service shall be made personally or by mail.SEC. 3. Section 706.021 of the Code of Civil Procedure is amended to read:706.021. Notwithstanding any other provision of this title, a levy of execution upon the earnings of an employee shall be made by service of an earnings withholding order upon the judgment debtors employer and judgment debtor in accordance with this chapter.SEC. 4. Section 706.022 of the Code of Civil Procedure is amended to read:706.022. (a) A judgment creditor shall not enforce an earnings withholding order beyond the period of enforceability as defined in Section 683.020 or, if renewed, as provided for in subdivision (c) of Section 683.120. As used in this section, withholding period means the period which commences on the 30th day after service of an earnings withholding order upon the judgment debtor. judgment debtors employer. If a claim of exemption is filed with the levying officer, and the employer is given actual notice before the close of business on the 29th day after the service of the earnings withholding order on the judgment debtor, the withholding period commences on the 45th day after service of the earnings withholding order on the judgment debtor. The withholding period shall continue until the earliest of the following dates:(1) The date the employer has withheld the full amount required to satisfy the order.(2) The date of termination specified in a court order served on the employer.(3) The date of termination specified in a notice of termination served on the employer by the levying officer.(4) The date of termination of a dormant or suspended earnings withholding order as determined pursuant to Section 706.032.(b) Except as otherwise provided by statute, an employer shall withhold the amounts required by an earnings withholding order from all earnings of the employee payable for any pay period of the employee which ends during the withholding period.(c) An employer is not liable for any amounts withheld and paid over to the levying officer pursuant to an earnings withholding order prior to service upon the employer pursuant to paragraph (2) or (3) of subdivision (a).SEC. 5. Section 706.105 of the Code of Civil Procedure is amended to read:706.105. (a) A judgment debtor may claim an exemption under Section 706.051 under either of the following circumstances:(1) No prior hearing has been held with respect to the earnings withholding order.(2) There has been a material change in circumstances since the time of the last prior hearing on the earnings withholding order.(b) A claim of exemption shall be made by filing with the levying officer an original and one copy of (1) the judgment debtors claim of exemption and (2) the judgment debtors financial statement.(c) Upon filing of the claim of exemption, the levying officer shall promptly send to the judgment creditor, at the address stated in the application for the earnings withholding order, by first-class mail, postage prepaid, all of the following:(1) A copy of the claim of exemption.(2) A copy of the financial statement.(3) A notice of claim of exemption. The notice shall state that the claim of exemption has been filed and that the earnings withholding order will be terminated, or modified to reflect the amount of earnings claimed to be exempt in the claim of exemption, unless a notice of opposition to the claim of exemption is filed with the levying officer by the judgment creditor within 10 days after the date of the mailing of the notice of claim of exemption.(d) A judgment creditor who desires to contest a claim of exemption shall, within 10 days after the date of the mailing of the notice of claim of exemption, file with the levying officer a notice of opposition to the claim of exemption.(e) (1) If a notice of opposition to the claim of exemption is filed with the levying officer within the 10-day period, the judgment creditor is entitled to a hearing on the claim of exemption. If the judgment creditor desires a hearing on the claim of exemption, the judgment creditor shall file a notice of motion for an order determining the claim of exemption with the court within 10 days after the date the levying officer mailed the notice of claim of exemption. If the notice of motion is so filed, the hearing on the motion shall be held not later than 30 days from the date the notice of motion was filed unless continued by the court for good cause. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, if the hearing is delayed by the court and cannot be set within 30 days of notice of the motion, a party may seek by ex parte application, and the court shall issue, an order staying any levy or garnishment with respect to the property subject to the claim of exemption until the hearing occurs. At the time prescribed by subdivision (b) of Section 1005, the judgment creditor shall give written notice of the hearing to the levying officer and shall serve a notice of the hearing and a copy of the notice of opposition to the claim of exemption on the judgment debtor and, if the claim of exemption so requested, on the attorney for the judgment debtor. Service is deemed made when the notice of the hearing and a copy of the notice of opposition to the claim of exemption are deposited in the mail, postage prepaid, addressed to the judgment debtor at the address stated in the claim of exemption and, if service on the attorney for the judgment debtor was requested in the claim of exemption, to the attorney at the address stated in the claim of exemption. The judgment creditor shall file proof of the service with the court. After receiving the notice of the hearing and before the date set for the hearing, the levying officer shall file the claim of exemption and the notice of opposition to the claim of exemption with the court.(2) The filing of an ex parte application under this section is not a general appearance and shall not constitute a waiver of the right to bring a motion under Section 418.10.(f) If the levying officer does not receive a notice of opposition to the claim of exemption within the 10-day period after the date of mailing of the notice of claim of exemption and a notice of the hearing not later than 10 days after the filing of the notice of opposition to the claim of exemption, the levying officer shall serve on the employer one of the following:(1) A notice that the earnings withholding order has been terminated if all of the judgment debtors earnings were claimed to be exempt.(2) A modified earnings withholding order that reflects the amount of earnings claimed to be exempt in the claim of exemption if only a portion of the judgment debtors earnings was claimed to be exempt.(g) If, after hearing, the court orders that the earnings withholding order be modified or terminated, the clerk shall promptly transmit a certified copy of the order to the levying officer who shall promptly serve on the employer of the judgment debtor (1) a copy of the modified earnings withholding order or (2) a notice that the earnings withholding order has been terminated.(1) Where the judgment debtors wages are exempt without making a claim, the court shall terminate or modify the earnings withholding order, and shall order the return by a date certain of all of the judgment debtors exempt wages. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, the court shall order the return by a date certain of any wages that were exempt without the need for a claim and that were garnished for up to 12 months preceding the date of the order on the claim of exemption. This paragraph does not limit a judges authority to order, for good cause, the return of any exempt property taken more than 12 months preceding the date of the order on the claim of exemption.(2) Where the judgment debtors wages are exempt as the result of a claim of exemption, the court shall terminate or modify the earnings withholding order, and shall order the return by a date certain of all of the judgment debtors exempt wages. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, the court shall order the return by a date certain any wages that the debtor has demonstrated would have been exempt by claim of exemption and that were garnished for up to six months preceding the date of the order on the claim of exemption. This paragraph does not limit a judges authority to order, for good cause, the return of any exempt property taken more than six months preceding the date of the order on the claim of exemption.(3) If the court determines that any amount withheld pursuant to the earnings withholding order should be paid to the judgment debtor, the court shall order the levying officer, judgment creditor, or other person, who is in possession of the property, to return the exempt property to the judgment debtor. A levying officer shall return the exempt property within 20 business days of receipt of notice of the order. A judgment creditor shall return the exempt property within 10 business days of entry of the order.(h) If the earnings withholding order is terminated by the court, unless the court otherwise orders or unless there is a material change of circumstances since the time of the last prior hearing on the earnings withholding order, the judgment creditor may not apply for another earnings withholding order directed to the same employer with respect to the same judgment debtor for a period of 100 days following the date of service of the earnings withholding order or 60 days after the date of the termination of the order, whichever is later. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, the judgment creditor may not apply for another earnings withholding order directed to the same employer with respect to the same judgment debtor for a period of 100 days following the date of service of the earnings withholding order or 60 days after the date of the termination of the order, whichever is later.(i) If an employer has withheld and paid over amounts pursuant to an earnings withholding order after the date of termination of the order but prior to the receipt of notice of its termination, the judgment debtor may recover those amounts only from the levying officer if the levying officer still holds those amounts or, if those amounts have been paid over to the judgment creditor, from the judgment creditor. If the employer has withheld amounts pursuant to an earnings withholding order after termination of the order but has not paid over those amounts to the levying officer, the employer shall pay those amounts to the judgment debtor within five business days of the end of the next pay period.(j) An appeal lies from any court order under this section denying a claim of exemption or modifying or terminating an earnings withholding order. An appeal by the judgment creditor from an order modifying or terminating the earnings withholding order does not stay the order from which the appeal is taken. Notwithstanding the appeal, until the order modifying or terminating the earnings withholding order is set aside or modified, the order allowing the claim of exemption in whole or in part shall be given the same effect as if the appeal had not been taken.(k) This section does not apply to a withholding order for support or a withholding order for taxes.SECTION 1.It is the intent of the Legislature to enact legislation relating to civil procedure.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 684.130 of the Code of Civil Procedure is amended to read:684.130. (a) If the levying officer is required by any provision of this title to serve any writ, order, notice, or other paper on any person, the judgment creditor shall include in the instructions to the levying officer the correct name and address of the person. The judgment creditor shall use reasonable diligence to ascertain the correct name and address of the person.(b) (1) Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, this subdivision shall apply.(2) The judgment creditor shall also provide the levying officer with a declaration stating that the judgment creditor has verified using reasonable diligence within the past 12 months that the judgment debtors address is correct to the best of the declarants knowledge, and describing the verification dates and the methods used, which may include, but are not limited to, the following methods:(A) Receipt of correspondence from the judgment debtor, dated no more than 12 months before the execution of the declaration, that includes a return address or other comparable verification of the judgment debtors address.(B) Transmittal of a letter or legal pleading by certified mail, or other method of transmission through the United States Postal Service providing a return receipt, to the judgment debtors address, with a return receipt dated no more than 12 months before the execution of the declaration that is signed by the judgment debtor.(C) Verification of the judgment debtors current address by a commercial address verification service, including skip-tracing, or, if reasonably available, a public record database, followed by dispatch of a letter, letter or legal pleading, by first-class mail to the verified address, that was not returned to sender.(3) The levying officer shall not accept or serve any writ, order, notice, or other paper on any person if the judgment creditor fails to provide a declaration as described in paragraph (2).(4) Upon notice by the judgment debtor that the requirements of this section have not been met, the court shall stay the notice of levy or earnings withholding order until the requirements of this section have been satisfied.(5) The judgment creditors cost of verification of the judgment debtors address is not recoverable.(6) The judgment creditor shall file with the court the signed declaration within five 10 business days after delivering the declaration to the levying officer.(7) The declaration required by this section may be signed by any individual with adequate knowledge of the verification, including, but not limited to, a custodian of records. If the judgment creditor is represented by an attorney, the declaration may be signed by any employee of the attorney or the attorneys law firm with adequate knowledge of the verification, including, but not limited to, a custodian of records.(c) Unless the levying officer has actual knowledge that the name or address included in the instructions is incorrect, the levying officer shall rely on the instructions in serving the writ, order, notice, or other paper on the person.
SECTION 1. Section 684.130 of the Code of Civil Procedure is amended to read:
### SECTION 1.
684.130. (a) If the levying officer is required by any provision of this title to serve any writ, order, notice, or other paper on any person, the judgment creditor shall include in the instructions to the levying officer the correct name and address of the person. The judgment creditor shall use reasonable diligence to ascertain the correct name and address of the person.(b) (1) Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, this subdivision shall apply.(2) The judgment creditor shall also provide the levying officer with a declaration stating that the judgment creditor has verified using reasonable diligence within the past 12 months that the judgment debtors address is correct to the best of the declarants knowledge, and describing the verification dates and the methods used, which may include, but are not limited to, the following methods:(A) Receipt of correspondence from the judgment debtor, dated no more than 12 months before the execution of the declaration, that includes a return address or other comparable verification of the judgment debtors address.(B) Transmittal of a letter or legal pleading by certified mail, or other method of transmission through the United States Postal Service providing a return receipt, to the judgment debtors address, with a return receipt dated no more than 12 months before the execution of the declaration that is signed by the judgment debtor.(C) Verification of the judgment debtors current address by a commercial address verification service, including skip-tracing, or, if reasonably available, a public record database, followed by dispatch of a letter, letter or legal pleading, by first-class mail to the verified address, that was not returned to sender.(3) The levying officer shall not accept or serve any writ, order, notice, or other paper on any person if the judgment creditor fails to provide a declaration as described in paragraph (2).(4) Upon notice by the judgment debtor that the requirements of this section have not been met, the court shall stay the notice of levy or earnings withholding order until the requirements of this section have been satisfied.(5) The judgment creditors cost of verification of the judgment debtors address is not recoverable.(6) The judgment creditor shall file with the court the signed declaration within five 10 business days after delivering the declaration to the levying officer.(7) The declaration required by this section may be signed by any individual with adequate knowledge of the verification, including, but not limited to, a custodian of records. If the judgment creditor is represented by an attorney, the declaration may be signed by any employee of the attorney or the attorneys law firm with adequate knowledge of the verification, including, but not limited to, a custodian of records.(c) Unless the levying officer has actual knowledge that the name or address included in the instructions is incorrect, the levying officer shall rely on the instructions in serving the writ, order, notice, or other paper on the person.
684.130. (a) If the levying officer is required by any provision of this title to serve any writ, order, notice, or other paper on any person, the judgment creditor shall include in the instructions to the levying officer the correct name and address of the person. The judgment creditor shall use reasonable diligence to ascertain the correct name and address of the person.(b) (1) Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, this subdivision shall apply.(2) The judgment creditor shall also provide the levying officer with a declaration stating that the judgment creditor has verified using reasonable diligence within the past 12 months that the judgment debtors address is correct to the best of the declarants knowledge, and describing the verification dates and the methods used, which may include, but are not limited to, the following methods:(A) Receipt of correspondence from the judgment debtor, dated no more than 12 months before the execution of the declaration, that includes a return address or other comparable verification of the judgment debtors address.(B) Transmittal of a letter or legal pleading by certified mail, or other method of transmission through the United States Postal Service providing a return receipt, to the judgment debtors address, with a return receipt dated no more than 12 months before the execution of the declaration that is signed by the judgment debtor.(C) Verification of the judgment debtors current address by a commercial address verification service, including skip-tracing, or, if reasonably available, a public record database, followed by dispatch of a letter, letter or legal pleading, by first-class mail to the verified address, that was not returned to sender.(3) The levying officer shall not accept or serve any writ, order, notice, or other paper on any person if the judgment creditor fails to provide a declaration as described in paragraph (2).(4) Upon notice by the judgment debtor that the requirements of this section have not been met, the court shall stay the notice of levy or earnings withholding order until the requirements of this section have been satisfied.(5) The judgment creditors cost of verification of the judgment debtors address is not recoverable.(6) The judgment creditor shall file with the court the signed declaration within five 10 business days after delivering the declaration to the levying officer.(7) The declaration required by this section may be signed by any individual with adequate knowledge of the verification, including, but not limited to, a custodian of records. If the judgment creditor is represented by an attorney, the declaration may be signed by any employee of the attorney or the attorneys law firm with adequate knowledge of the verification, including, but not limited to, a custodian of records.(c) Unless the levying officer has actual knowledge that the name or address included in the instructions is incorrect, the levying officer shall rely on the instructions in serving the writ, order, notice, or other paper on the person.
684.130. (a) If the levying officer is required by any provision of this title to serve any writ, order, notice, or other paper on any person, the judgment creditor shall include in the instructions to the levying officer the correct name and address of the person. The judgment creditor shall use reasonable diligence to ascertain the correct name and address of the person.(b) (1) Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, this subdivision shall apply.(2) The judgment creditor shall also provide the levying officer with a declaration stating that the judgment creditor has verified using reasonable diligence within the past 12 months that the judgment debtors address is correct to the best of the declarants knowledge, and describing the verification dates and the methods used, which may include, but are not limited to, the following methods:(A) Receipt of correspondence from the judgment debtor, dated no more than 12 months before the execution of the declaration, that includes a return address or other comparable verification of the judgment debtors address.(B) Transmittal of a letter or legal pleading by certified mail, or other method of transmission through the United States Postal Service providing a return receipt, to the judgment debtors address, with a return receipt dated no more than 12 months before the execution of the declaration that is signed by the judgment debtor.(C) Verification of the judgment debtors current address by a commercial address verification service, including skip-tracing, or, if reasonably available, a public record database, followed by dispatch of a letter, letter or legal pleading, by first-class mail to the verified address, that was not returned to sender.(3) The levying officer shall not accept or serve any writ, order, notice, or other paper on any person if the judgment creditor fails to provide a declaration as described in paragraph (2).(4) Upon notice by the judgment debtor that the requirements of this section have not been met, the court shall stay the notice of levy or earnings withholding order until the requirements of this section have been satisfied.(5) The judgment creditors cost of verification of the judgment debtors address is not recoverable.(6) The judgment creditor shall file with the court the signed declaration within five 10 business days after delivering the declaration to the levying officer.(7) The declaration required by this section may be signed by any individual with adequate knowledge of the verification, including, but not limited to, a custodian of records. If the judgment creditor is represented by an attorney, the declaration may be signed by any employee of the attorney or the attorneys law firm with adequate knowledge of the verification, including, but not limited to, a custodian of records.(c) Unless the levying officer has actual knowledge that the name or address included in the instructions is incorrect, the levying officer shall rely on the instructions in serving the writ, order, notice, or other paper on the person.
684.130. (a) If the levying officer is required by any provision of this title to serve any writ, order, notice, or other paper on any person, the judgment creditor shall include in the instructions to the levying officer the correct name and address of the person. The judgment creditor shall use reasonable diligence to ascertain the correct name and address of the person.
(b) (1) Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, this subdivision shall apply.
(2) The judgment creditor shall also provide the levying officer with a declaration stating that the judgment creditor has verified using reasonable diligence within the past 12 months that the judgment debtors address is correct to the best of the declarants knowledge, and describing the verification dates and the methods used, which may include, but are not limited to, the following methods:
(A) Receipt of correspondence from the judgment debtor, dated no more than 12 months before the execution of the declaration, that includes a return address or other comparable verification of the judgment debtors address.
(B) Transmittal of a letter or legal pleading by certified mail, or other method of transmission through the United States Postal Service providing a return receipt, to the judgment debtors address, with a return receipt dated no more than 12 months before the execution of the declaration that is signed by the judgment debtor.
(C) Verification of the judgment debtors current address by a commercial address verification service, including skip-tracing, or, if reasonably available, a public record database, followed by dispatch of a letter, letter or legal pleading, by first-class mail to the verified address, that was not returned to sender.
(3) The levying officer shall not accept or serve any writ, order, notice, or other paper on any person if the judgment creditor fails to provide a declaration as described in paragraph (2).
(4) Upon notice by the judgment debtor that the requirements of this section have not been met, the court shall stay the notice of levy or earnings withholding order until the requirements of this section have been satisfied.
(5) The judgment creditors cost of verification of the judgment debtors address is not recoverable.
(6) The judgment creditor shall file with the court the signed declaration within five 10 business days after delivering the declaration to the levying officer.
(7) The declaration required by this section may be signed by any individual with adequate knowledge of the verification, including, but not limited to, a custodian of records. If the judgment creditor is represented by an attorney, the declaration may be signed by any employee of the attorney or the attorneys law firm with adequate knowledge of the verification, including, but not limited to, a custodian of records.
(c) Unless the levying officer has actual knowledge that the name or address included in the instructions is incorrect, the levying officer shall rely on the instructions in serving the writ, order, notice, or other paper on the person.
SEC. 2. Section 703.570 of the Code of Civil Procedure is amended to read:703.570. (a) (1) The hearing on the motion shall be held not later than 30 days from the date the notice of motion was filed with the court unless continued by the court for good cause. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, if the hearing is delayed by the court and cannot be set within 30 days of notice of the motion, a party may seek by ex parte application, and the court shall issue, an order staying any levy or garnishment with respect to the property subject to the claim of exemption until the hearing occurs.(2) The filing of an ex parte application under this section is not a general appearance and shall not constitute a waiver of the right to bring a motion under Section 418.10.(b) Not less than 10 days prior to the hearing, the judgment creditor shall serve a notice of the hearing and a copy of the notice of opposition to the claim of exemption on the claimant and on the judgment debtor, if other than the claimant. Service shall be made personally or by mail.
SEC. 2. Section 703.570 of the Code of Civil Procedure is amended to read:
### SEC. 2.
703.570. (a) (1) The hearing on the motion shall be held not later than 30 days from the date the notice of motion was filed with the court unless continued by the court for good cause. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, if the hearing is delayed by the court and cannot be set within 30 days of notice of the motion, a party may seek by ex parte application, and the court shall issue, an order staying any levy or garnishment with respect to the property subject to the claim of exemption until the hearing occurs.(2) The filing of an ex parte application under this section is not a general appearance and shall not constitute a waiver of the right to bring a motion under Section 418.10.(b) Not less than 10 days prior to the hearing, the judgment creditor shall serve a notice of the hearing and a copy of the notice of opposition to the claim of exemption on the claimant and on the judgment debtor, if other than the claimant. Service shall be made personally or by mail.
703.570. (a) (1) The hearing on the motion shall be held not later than 30 days from the date the notice of motion was filed with the court unless continued by the court for good cause. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, if the hearing is delayed by the court and cannot be set within 30 days of notice of the motion, a party may seek by ex parte application, and the court shall issue, an order staying any levy or garnishment with respect to the property subject to the claim of exemption until the hearing occurs.(2) The filing of an ex parte application under this section is not a general appearance and shall not constitute a waiver of the right to bring a motion under Section 418.10.(b) Not less than 10 days prior to the hearing, the judgment creditor shall serve a notice of the hearing and a copy of the notice of opposition to the claim of exemption on the claimant and on the judgment debtor, if other than the claimant. Service shall be made personally or by mail.
703.570. (a) (1) The hearing on the motion shall be held not later than 30 days from the date the notice of motion was filed with the court unless continued by the court for good cause. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, if the hearing is delayed by the court and cannot be set within 30 days of notice of the motion, a party may seek by ex parte application, and the court shall issue, an order staying any levy or garnishment with respect to the property subject to the claim of exemption until the hearing occurs.(2) The filing of an ex parte application under this section is not a general appearance and shall not constitute a waiver of the right to bring a motion under Section 418.10.(b) Not less than 10 days prior to the hearing, the judgment creditor shall serve a notice of the hearing and a copy of the notice of opposition to the claim of exemption on the claimant and on the judgment debtor, if other than the claimant. Service shall be made personally or by mail.
703.570. (a) (1) The hearing on the motion shall be held not later than 30 days from the date the notice of motion was filed with the court unless continued by the court for good cause. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, if the hearing is delayed by the court and cannot be set within 30 days of notice of the motion, a party may seek by ex parte application, and the court shall issue, an order staying any levy or garnishment with respect to the property subject to the claim of exemption until the hearing occurs.
(2) The filing of an ex parte application under this section is not a general appearance and shall not constitute a waiver of the right to bring a motion under Section 418.10.
(b) Not less than 10 days prior to the hearing, the judgment creditor shall serve a notice of the hearing and a copy of the notice of opposition to the claim of exemption on the claimant and on the judgment debtor, if other than the claimant. Service shall be made personally or by mail.
SEC. 3. Section 706.021 of the Code of Civil Procedure is amended to read:706.021. Notwithstanding any other provision of this title, a levy of execution upon the earnings of an employee shall be made by service of an earnings withholding order upon the judgment debtors employer and judgment debtor in accordance with this chapter.
SEC. 3. Section 706.021 of the Code of Civil Procedure is amended to read:
### SEC. 3.
706.021. Notwithstanding any other provision of this title, a levy of execution upon the earnings of an employee shall be made by service of an earnings withholding order upon the judgment debtors employer and judgment debtor in accordance with this chapter.
706.021. Notwithstanding any other provision of this title, a levy of execution upon the earnings of an employee shall be made by service of an earnings withholding order upon the judgment debtors employer and judgment debtor in accordance with this chapter.
706.021. Notwithstanding any other provision of this title, a levy of execution upon the earnings of an employee shall be made by service of an earnings withholding order upon the judgment debtors employer and judgment debtor in accordance with this chapter.
706.021. Notwithstanding any other provision of this title, a levy of execution upon the earnings of an employee shall be made by service of an earnings withholding order upon the judgment debtors employer and judgment debtor in accordance with this chapter.
SEC. 4. Section 706.022 of the Code of Civil Procedure is amended to read:706.022. (a) A judgment creditor shall not enforce an earnings withholding order beyond the period of enforceability as defined in Section 683.020 or, if renewed, as provided for in subdivision (c) of Section 683.120. As used in this section, withholding period means the period which commences on the 30th day after service of an earnings withholding order upon the judgment debtor. judgment debtors employer. If a claim of exemption is filed with the levying officer, and the employer is given actual notice before the close of business on the 29th day after the service of the earnings withholding order on the judgment debtor, the withholding period commences on the 45th day after service of the earnings withholding order on the judgment debtor. The withholding period shall continue until the earliest of the following dates:(1) The date the employer has withheld the full amount required to satisfy the order.(2) The date of termination specified in a court order served on the employer.(3) The date of termination specified in a notice of termination served on the employer by the levying officer.(4) The date of termination of a dormant or suspended earnings withholding order as determined pursuant to Section 706.032.(b) Except as otherwise provided by statute, an employer shall withhold the amounts required by an earnings withholding order from all earnings of the employee payable for any pay period of the employee which ends during the withholding period.(c) An employer is not liable for any amounts withheld and paid over to the levying officer pursuant to an earnings withholding order prior to service upon the employer pursuant to paragraph (2) or (3) of subdivision (a).
SEC. 4. Section 706.022 of the Code of Civil Procedure is amended to read:
### SEC. 4.
706.022. (a) A judgment creditor shall not enforce an earnings withholding order beyond the period of enforceability as defined in Section 683.020 or, if renewed, as provided for in subdivision (c) of Section 683.120. As used in this section, withholding period means the period which commences on the 30th day after service of an earnings withholding order upon the judgment debtor. judgment debtors employer. If a claim of exemption is filed with the levying officer, and the employer is given actual notice before the close of business on the 29th day after the service of the earnings withholding order on the judgment debtor, the withholding period commences on the 45th day after service of the earnings withholding order on the judgment debtor. The withholding period shall continue until the earliest of the following dates:(1) The date the employer has withheld the full amount required to satisfy the order.(2) The date of termination specified in a court order served on the employer.(3) The date of termination specified in a notice of termination served on the employer by the levying officer.(4) The date of termination of a dormant or suspended earnings withholding order as determined pursuant to Section 706.032.(b) Except as otherwise provided by statute, an employer shall withhold the amounts required by an earnings withholding order from all earnings of the employee payable for any pay period of the employee which ends during the withholding period.(c) An employer is not liable for any amounts withheld and paid over to the levying officer pursuant to an earnings withholding order prior to service upon the employer pursuant to paragraph (2) or (3) of subdivision (a).
706.022. (a) A judgment creditor shall not enforce an earnings withholding order beyond the period of enforceability as defined in Section 683.020 or, if renewed, as provided for in subdivision (c) of Section 683.120. As used in this section, withholding period means the period which commences on the 30th day after service of an earnings withholding order upon the judgment debtor. judgment debtors employer. If a claim of exemption is filed with the levying officer, and the employer is given actual notice before the close of business on the 29th day after the service of the earnings withholding order on the judgment debtor, the withholding period commences on the 45th day after service of the earnings withholding order on the judgment debtor. The withholding period shall continue until the earliest of the following dates:(1) The date the employer has withheld the full amount required to satisfy the order.(2) The date of termination specified in a court order served on the employer.(3) The date of termination specified in a notice of termination served on the employer by the levying officer.(4) The date of termination of a dormant or suspended earnings withholding order as determined pursuant to Section 706.032.(b) Except as otherwise provided by statute, an employer shall withhold the amounts required by an earnings withholding order from all earnings of the employee payable for any pay period of the employee which ends during the withholding period.(c) An employer is not liable for any amounts withheld and paid over to the levying officer pursuant to an earnings withholding order prior to service upon the employer pursuant to paragraph (2) or (3) of subdivision (a).
706.022. (a) A judgment creditor shall not enforce an earnings withholding order beyond the period of enforceability as defined in Section 683.020 or, if renewed, as provided for in subdivision (c) of Section 683.120. As used in this section, withholding period means the period which commences on the 30th day after service of an earnings withholding order upon the judgment debtor. judgment debtors employer. If a claim of exemption is filed with the levying officer, and the employer is given actual notice before the close of business on the 29th day after the service of the earnings withholding order on the judgment debtor, the withholding period commences on the 45th day after service of the earnings withholding order on the judgment debtor. The withholding period shall continue until the earliest of the following dates:(1) The date the employer has withheld the full amount required to satisfy the order.(2) The date of termination specified in a court order served on the employer.(3) The date of termination specified in a notice of termination served on the employer by the levying officer.(4) The date of termination of a dormant or suspended earnings withholding order as determined pursuant to Section 706.032.(b) Except as otherwise provided by statute, an employer shall withhold the amounts required by an earnings withholding order from all earnings of the employee payable for any pay period of the employee which ends during the withholding period.(c) An employer is not liable for any amounts withheld and paid over to the levying officer pursuant to an earnings withholding order prior to service upon the employer pursuant to paragraph (2) or (3) of subdivision (a).
706.022. (a) A judgment creditor shall not enforce an earnings withholding order beyond the period of enforceability as defined in Section 683.020 or, if renewed, as provided for in subdivision (c) of Section 683.120. As used in this section, withholding period means the period which commences on the 30th day after service of an earnings withholding order upon the judgment debtor. judgment debtors employer. If a claim of exemption is filed with the levying officer, and the employer is given actual notice before the close of business on the 29th day after the service of the earnings withholding order on the judgment debtor, the withholding period commences on the 45th day after service of the earnings withholding order on the judgment debtor. The withholding period shall continue until the earliest of the following dates:
(1) The date the employer has withheld the full amount required to satisfy the order.
(2) The date of termination specified in a court order served on the employer.
(3) The date of termination specified in a notice of termination served on the employer by the levying officer.
(4) The date of termination of a dormant or suspended earnings withholding order as determined pursuant to Section 706.032.
(b) Except as otherwise provided by statute, an employer shall withhold the amounts required by an earnings withholding order from all earnings of the employee payable for any pay period of the employee which ends during the withholding period.
(c) An employer is not liable for any amounts withheld and paid over to the levying officer pursuant to an earnings withholding order prior to service upon the employer pursuant to paragraph (2) or (3) of subdivision (a).
SEC. 5. Section 706.105 of the Code of Civil Procedure is amended to read:706.105. (a) A judgment debtor may claim an exemption under Section 706.051 under either of the following circumstances:(1) No prior hearing has been held with respect to the earnings withholding order.(2) There has been a material change in circumstances since the time of the last prior hearing on the earnings withholding order.(b) A claim of exemption shall be made by filing with the levying officer an original and one copy of (1) the judgment debtors claim of exemption and (2) the judgment debtors financial statement.(c) Upon filing of the claim of exemption, the levying officer shall promptly send to the judgment creditor, at the address stated in the application for the earnings withholding order, by first-class mail, postage prepaid, all of the following:(1) A copy of the claim of exemption.(2) A copy of the financial statement.(3) A notice of claim of exemption. The notice shall state that the claim of exemption has been filed and that the earnings withholding order will be terminated, or modified to reflect the amount of earnings claimed to be exempt in the claim of exemption, unless a notice of opposition to the claim of exemption is filed with the levying officer by the judgment creditor within 10 days after the date of the mailing of the notice of claim of exemption.(d) A judgment creditor who desires to contest a claim of exemption shall, within 10 days after the date of the mailing of the notice of claim of exemption, file with the levying officer a notice of opposition to the claim of exemption.(e) (1) If a notice of opposition to the claim of exemption is filed with the levying officer within the 10-day period, the judgment creditor is entitled to a hearing on the claim of exemption. If the judgment creditor desires a hearing on the claim of exemption, the judgment creditor shall file a notice of motion for an order determining the claim of exemption with the court within 10 days after the date the levying officer mailed the notice of claim of exemption. If the notice of motion is so filed, the hearing on the motion shall be held not later than 30 days from the date the notice of motion was filed unless continued by the court for good cause. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, if the hearing is delayed by the court and cannot be set within 30 days of notice of the motion, a party may seek by ex parte application, and the court shall issue, an order staying any levy or garnishment with respect to the property subject to the claim of exemption until the hearing occurs. At the time prescribed by subdivision (b) of Section 1005, the judgment creditor shall give written notice of the hearing to the levying officer and shall serve a notice of the hearing and a copy of the notice of opposition to the claim of exemption on the judgment debtor and, if the claim of exemption so requested, on the attorney for the judgment debtor. Service is deemed made when the notice of the hearing and a copy of the notice of opposition to the claim of exemption are deposited in the mail, postage prepaid, addressed to the judgment debtor at the address stated in the claim of exemption and, if service on the attorney for the judgment debtor was requested in the claim of exemption, to the attorney at the address stated in the claim of exemption. The judgment creditor shall file proof of the service with the court. After receiving the notice of the hearing and before the date set for the hearing, the levying officer shall file the claim of exemption and the notice of opposition to the claim of exemption with the court.(2) The filing of an ex parte application under this section is not a general appearance and shall not constitute a waiver of the right to bring a motion under Section 418.10.(f) If the levying officer does not receive a notice of opposition to the claim of exemption within the 10-day period after the date of mailing of the notice of claim of exemption and a notice of the hearing not later than 10 days after the filing of the notice of opposition to the claim of exemption, the levying officer shall serve on the employer one of the following:(1) A notice that the earnings withholding order has been terminated if all of the judgment debtors earnings were claimed to be exempt.(2) A modified earnings withholding order that reflects the amount of earnings claimed to be exempt in the claim of exemption if only a portion of the judgment debtors earnings was claimed to be exempt.(g) If, after hearing, the court orders that the earnings withholding order be modified or terminated, the clerk shall promptly transmit a certified copy of the order to the levying officer who shall promptly serve on the employer of the judgment debtor (1) a copy of the modified earnings withholding order or (2) a notice that the earnings withholding order has been terminated.(1) Where the judgment debtors wages are exempt without making a claim, the court shall terminate or modify the earnings withholding order, and shall order the return by a date certain of all of the judgment debtors exempt wages. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, the court shall order the return by a date certain of any wages that were exempt without the need for a claim and that were garnished for up to 12 months preceding the date of the order on the claim of exemption. This paragraph does not limit a judges authority to order, for good cause, the return of any exempt property taken more than 12 months preceding the date of the order on the claim of exemption.(2) Where the judgment debtors wages are exempt as the result of a claim of exemption, the court shall terminate or modify the earnings withholding order, and shall order the return by a date certain of all of the judgment debtors exempt wages. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, the court shall order the return by a date certain any wages that the debtor has demonstrated would have been exempt by claim of exemption and that were garnished for up to six months preceding the date of the order on the claim of exemption. This paragraph does not limit a judges authority to order, for good cause, the return of any exempt property taken more than six months preceding the date of the order on the claim of exemption.(3) If the court determines that any amount withheld pursuant to the earnings withholding order should be paid to the judgment debtor, the court shall order the levying officer, judgment creditor, or other person, who is in possession of the property, to return the exempt property to the judgment debtor. A levying officer shall return the exempt property within 20 business days of receipt of notice of the order. A judgment creditor shall return the exempt property within 10 business days of entry of the order.(h) If the earnings withholding order is terminated by the court, unless the court otherwise orders or unless there is a material change of circumstances since the time of the last prior hearing on the earnings withholding order, the judgment creditor may not apply for another earnings withholding order directed to the same employer with respect to the same judgment debtor for a period of 100 days following the date of service of the earnings withholding order or 60 days after the date of the termination of the order, whichever is later. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, the judgment creditor may not apply for another earnings withholding order directed to the same employer with respect to the same judgment debtor for a period of 100 days following the date of service of the earnings withholding order or 60 days after the date of the termination of the order, whichever is later.(i) If an employer has withheld and paid over amounts pursuant to an earnings withholding order after the date of termination of the order but prior to the receipt of notice of its termination, the judgment debtor may recover those amounts only from the levying officer if the levying officer still holds those amounts or, if those amounts have been paid over to the judgment creditor, from the judgment creditor. If the employer has withheld amounts pursuant to an earnings withholding order after termination of the order but has not paid over those amounts to the levying officer, the employer shall pay those amounts to the judgment debtor within five business days of the end of the next pay period.(j) An appeal lies from any court order under this section denying a claim of exemption or modifying or terminating an earnings withholding order. An appeal by the judgment creditor from an order modifying or terminating the earnings withholding order does not stay the order from which the appeal is taken. Notwithstanding the appeal, until the order modifying or terminating the earnings withholding order is set aside or modified, the order allowing the claim of exemption in whole or in part shall be given the same effect as if the appeal had not been taken.(k) This section does not apply to a withholding order for support or a withholding order for taxes.
SEC. 5. Section 706.105 of the Code of Civil Procedure is amended to read:
### SEC. 5.
706.105. (a) A judgment debtor may claim an exemption under Section 706.051 under either of the following circumstances:(1) No prior hearing has been held with respect to the earnings withholding order.(2) There has been a material change in circumstances since the time of the last prior hearing on the earnings withholding order.(b) A claim of exemption shall be made by filing with the levying officer an original and one copy of (1) the judgment debtors claim of exemption and (2) the judgment debtors financial statement.(c) Upon filing of the claim of exemption, the levying officer shall promptly send to the judgment creditor, at the address stated in the application for the earnings withholding order, by first-class mail, postage prepaid, all of the following:(1) A copy of the claim of exemption.(2) A copy of the financial statement.(3) A notice of claim of exemption. The notice shall state that the claim of exemption has been filed and that the earnings withholding order will be terminated, or modified to reflect the amount of earnings claimed to be exempt in the claim of exemption, unless a notice of opposition to the claim of exemption is filed with the levying officer by the judgment creditor within 10 days after the date of the mailing of the notice of claim of exemption.(d) A judgment creditor who desires to contest a claim of exemption shall, within 10 days after the date of the mailing of the notice of claim of exemption, file with the levying officer a notice of opposition to the claim of exemption.(e) (1) If a notice of opposition to the claim of exemption is filed with the levying officer within the 10-day period, the judgment creditor is entitled to a hearing on the claim of exemption. If the judgment creditor desires a hearing on the claim of exemption, the judgment creditor shall file a notice of motion for an order determining the claim of exemption with the court within 10 days after the date the levying officer mailed the notice of claim of exemption. If the notice of motion is so filed, the hearing on the motion shall be held not later than 30 days from the date the notice of motion was filed unless continued by the court for good cause. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, if the hearing is delayed by the court and cannot be set within 30 days of notice of the motion, a party may seek by ex parte application, and the court shall issue, an order staying any levy or garnishment with respect to the property subject to the claim of exemption until the hearing occurs. At the time prescribed by subdivision (b) of Section 1005, the judgment creditor shall give written notice of the hearing to the levying officer and shall serve a notice of the hearing and a copy of the notice of opposition to the claim of exemption on the judgment debtor and, if the claim of exemption so requested, on the attorney for the judgment debtor. Service is deemed made when the notice of the hearing and a copy of the notice of opposition to the claim of exemption are deposited in the mail, postage prepaid, addressed to the judgment debtor at the address stated in the claim of exemption and, if service on the attorney for the judgment debtor was requested in the claim of exemption, to the attorney at the address stated in the claim of exemption. The judgment creditor shall file proof of the service with the court. After receiving the notice of the hearing and before the date set for the hearing, the levying officer shall file the claim of exemption and the notice of opposition to the claim of exemption with the court.(2) The filing of an ex parte application under this section is not a general appearance and shall not constitute a waiver of the right to bring a motion under Section 418.10.(f) If the levying officer does not receive a notice of opposition to the claim of exemption within the 10-day period after the date of mailing of the notice of claim of exemption and a notice of the hearing not later than 10 days after the filing of the notice of opposition to the claim of exemption, the levying officer shall serve on the employer one of the following:(1) A notice that the earnings withholding order has been terminated if all of the judgment debtors earnings were claimed to be exempt.(2) A modified earnings withholding order that reflects the amount of earnings claimed to be exempt in the claim of exemption if only a portion of the judgment debtors earnings was claimed to be exempt.(g) If, after hearing, the court orders that the earnings withholding order be modified or terminated, the clerk shall promptly transmit a certified copy of the order to the levying officer who shall promptly serve on the employer of the judgment debtor (1) a copy of the modified earnings withholding order or (2) a notice that the earnings withholding order has been terminated.(1) Where the judgment debtors wages are exempt without making a claim, the court shall terminate or modify the earnings withholding order, and shall order the return by a date certain of all of the judgment debtors exempt wages. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, the court shall order the return by a date certain of any wages that were exempt without the need for a claim and that were garnished for up to 12 months preceding the date of the order on the claim of exemption. This paragraph does not limit a judges authority to order, for good cause, the return of any exempt property taken more than 12 months preceding the date of the order on the claim of exemption.(2) Where the judgment debtors wages are exempt as the result of a claim of exemption, the court shall terminate or modify the earnings withholding order, and shall order the return by a date certain of all of the judgment debtors exempt wages. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, the court shall order the return by a date certain any wages that the debtor has demonstrated would have been exempt by claim of exemption and that were garnished for up to six months preceding the date of the order on the claim of exemption. This paragraph does not limit a judges authority to order, for good cause, the return of any exempt property taken more than six months preceding the date of the order on the claim of exemption.(3) If the court determines that any amount withheld pursuant to the earnings withholding order should be paid to the judgment debtor, the court shall order the levying officer, judgment creditor, or other person, who is in possession of the property, to return the exempt property to the judgment debtor. A levying officer shall return the exempt property within 20 business days of receipt of notice of the order. A judgment creditor shall return the exempt property within 10 business days of entry of the order.(h) If the earnings withholding order is terminated by the court, unless the court otherwise orders or unless there is a material change of circumstances since the time of the last prior hearing on the earnings withholding order, the judgment creditor may not apply for another earnings withholding order directed to the same employer with respect to the same judgment debtor for a period of 100 days following the date of service of the earnings withholding order or 60 days after the date of the termination of the order, whichever is later. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, the judgment creditor may not apply for another earnings withholding order directed to the same employer with respect to the same judgment debtor for a period of 100 days following the date of service of the earnings withholding order or 60 days after the date of the termination of the order, whichever is later.(i) If an employer has withheld and paid over amounts pursuant to an earnings withholding order after the date of termination of the order but prior to the receipt of notice of its termination, the judgment debtor may recover those amounts only from the levying officer if the levying officer still holds those amounts or, if those amounts have been paid over to the judgment creditor, from the judgment creditor. If the employer has withheld amounts pursuant to an earnings withholding order after termination of the order but has not paid over those amounts to the levying officer, the employer shall pay those amounts to the judgment debtor within five business days of the end of the next pay period.(j) An appeal lies from any court order under this section denying a claim of exemption or modifying or terminating an earnings withholding order. An appeal by the judgment creditor from an order modifying or terminating the earnings withholding order does not stay the order from which the appeal is taken. Notwithstanding the appeal, until the order modifying or terminating the earnings withholding order is set aside or modified, the order allowing the claim of exemption in whole or in part shall be given the same effect as if the appeal had not been taken.(k) This section does not apply to a withholding order for support or a withholding order for taxes.
706.105. (a) A judgment debtor may claim an exemption under Section 706.051 under either of the following circumstances:(1) No prior hearing has been held with respect to the earnings withholding order.(2) There has been a material change in circumstances since the time of the last prior hearing on the earnings withholding order.(b) A claim of exemption shall be made by filing with the levying officer an original and one copy of (1) the judgment debtors claim of exemption and (2) the judgment debtors financial statement.(c) Upon filing of the claim of exemption, the levying officer shall promptly send to the judgment creditor, at the address stated in the application for the earnings withholding order, by first-class mail, postage prepaid, all of the following:(1) A copy of the claim of exemption.(2) A copy of the financial statement.(3) A notice of claim of exemption. The notice shall state that the claim of exemption has been filed and that the earnings withholding order will be terminated, or modified to reflect the amount of earnings claimed to be exempt in the claim of exemption, unless a notice of opposition to the claim of exemption is filed with the levying officer by the judgment creditor within 10 days after the date of the mailing of the notice of claim of exemption.(d) A judgment creditor who desires to contest a claim of exemption shall, within 10 days after the date of the mailing of the notice of claim of exemption, file with the levying officer a notice of opposition to the claim of exemption.(e) (1) If a notice of opposition to the claim of exemption is filed with the levying officer within the 10-day period, the judgment creditor is entitled to a hearing on the claim of exemption. If the judgment creditor desires a hearing on the claim of exemption, the judgment creditor shall file a notice of motion for an order determining the claim of exemption with the court within 10 days after the date the levying officer mailed the notice of claim of exemption. If the notice of motion is so filed, the hearing on the motion shall be held not later than 30 days from the date the notice of motion was filed unless continued by the court for good cause. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, if the hearing is delayed by the court and cannot be set within 30 days of notice of the motion, a party may seek by ex parte application, and the court shall issue, an order staying any levy or garnishment with respect to the property subject to the claim of exemption until the hearing occurs. At the time prescribed by subdivision (b) of Section 1005, the judgment creditor shall give written notice of the hearing to the levying officer and shall serve a notice of the hearing and a copy of the notice of opposition to the claim of exemption on the judgment debtor and, if the claim of exemption so requested, on the attorney for the judgment debtor. Service is deemed made when the notice of the hearing and a copy of the notice of opposition to the claim of exemption are deposited in the mail, postage prepaid, addressed to the judgment debtor at the address stated in the claim of exemption and, if service on the attorney for the judgment debtor was requested in the claim of exemption, to the attorney at the address stated in the claim of exemption. The judgment creditor shall file proof of the service with the court. After receiving the notice of the hearing and before the date set for the hearing, the levying officer shall file the claim of exemption and the notice of opposition to the claim of exemption with the court.(2) The filing of an ex parte application under this section is not a general appearance and shall not constitute a waiver of the right to bring a motion under Section 418.10.(f) If the levying officer does not receive a notice of opposition to the claim of exemption within the 10-day period after the date of mailing of the notice of claim of exemption and a notice of the hearing not later than 10 days after the filing of the notice of opposition to the claim of exemption, the levying officer shall serve on the employer one of the following:(1) A notice that the earnings withholding order has been terminated if all of the judgment debtors earnings were claimed to be exempt.(2) A modified earnings withholding order that reflects the amount of earnings claimed to be exempt in the claim of exemption if only a portion of the judgment debtors earnings was claimed to be exempt.(g) If, after hearing, the court orders that the earnings withholding order be modified or terminated, the clerk shall promptly transmit a certified copy of the order to the levying officer who shall promptly serve on the employer of the judgment debtor (1) a copy of the modified earnings withholding order or (2) a notice that the earnings withholding order has been terminated.(1) Where the judgment debtors wages are exempt without making a claim, the court shall terminate or modify the earnings withholding order, and shall order the return by a date certain of all of the judgment debtors exempt wages. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, the court shall order the return by a date certain of any wages that were exempt without the need for a claim and that were garnished for up to 12 months preceding the date of the order on the claim of exemption. This paragraph does not limit a judges authority to order, for good cause, the return of any exempt property taken more than 12 months preceding the date of the order on the claim of exemption.(2) Where the judgment debtors wages are exempt as the result of a claim of exemption, the court shall terminate or modify the earnings withholding order, and shall order the return by a date certain of all of the judgment debtors exempt wages. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, the court shall order the return by a date certain any wages that the debtor has demonstrated would have been exempt by claim of exemption and that were garnished for up to six months preceding the date of the order on the claim of exemption. This paragraph does not limit a judges authority to order, for good cause, the return of any exempt property taken more than six months preceding the date of the order on the claim of exemption.(3) If the court determines that any amount withheld pursuant to the earnings withholding order should be paid to the judgment debtor, the court shall order the levying officer, judgment creditor, or other person, who is in possession of the property, to return the exempt property to the judgment debtor. A levying officer shall return the exempt property within 20 business days of receipt of notice of the order. A judgment creditor shall return the exempt property within 10 business days of entry of the order.(h) If the earnings withholding order is terminated by the court, unless the court otherwise orders or unless there is a material change of circumstances since the time of the last prior hearing on the earnings withholding order, the judgment creditor may not apply for another earnings withholding order directed to the same employer with respect to the same judgment debtor for a period of 100 days following the date of service of the earnings withholding order or 60 days after the date of the termination of the order, whichever is later. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, the judgment creditor may not apply for another earnings withholding order directed to the same employer with respect to the same judgment debtor for a period of 100 days following the date of service of the earnings withholding order or 60 days after the date of the termination of the order, whichever is later.(i) If an employer has withheld and paid over amounts pursuant to an earnings withholding order after the date of termination of the order but prior to the receipt of notice of its termination, the judgment debtor may recover those amounts only from the levying officer if the levying officer still holds those amounts or, if those amounts have been paid over to the judgment creditor, from the judgment creditor. If the employer has withheld amounts pursuant to an earnings withholding order after termination of the order but has not paid over those amounts to the levying officer, the employer shall pay those amounts to the judgment debtor within five business days of the end of the next pay period.(j) An appeal lies from any court order under this section denying a claim of exemption or modifying or terminating an earnings withholding order. An appeal by the judgment creditor from an order modifying or terminating the earnings withholding order does not stay the order from which the appeal is taken. Notwithstanding the appeal, until the order modifying or terminating the earnings withholding order is set aside or modified, the order allowing the claim of exemption in whole or in part shall be given the same effect as if the appeal had not been taken.(k) This section does not apply to a withholding order for support or a withholding order for taxes.
706.105. (a) A judgment debtor may claim an exemption under Section 706.051 under either of the following circumstances:(1) No prior hearing has been held with respect to the earnings withholding order.(2) There has been a material change in circumstances since the time of the last prior hearing on the earnings withholding order.(b) A claim of exemption shall be made by filing with the levying officer an original and one copy of (1) the judgment debtors claim of exemption and (2) the judgment debtors financial statement.(c) Upon filing of the claim of exemption, the levying officer shall promptly send to the judgment creditor, at the address stated in the application for the earnings withholding order, by first-class mail, postage prepaid, all of the following:(1) A copy of the claim of exemption.(2) A copy of the financial statement.(3) A notice of claim of exemption. The notice shall state that the claim of exemption has been filed and that the earnings withholding order will be terminated, or modified to reflect the amount of earnings claimed to be exempt in the claim of exemption, unless a notice of opposition to the claim of exemption is filed with the levying officer by the judgment creditor within 10 days after the date of the mailing of the notice of claim of exemption.(d) A judgment creditor who desires to contest a claim of exemption shall, within 10 days after the date of the mailing of the notice of claim of exemption, file with the levying officer a notice of opposition to the claim of exemption.(e) (1) If a notice of opposition to the claim of exemption is filed with the levying officer within the 10-day period, the judgment creditor is entitled to a hearing on the claim of exemption. If the judgment creditor desires a hearing on the claim of exemption, the judgment creditor shall file a notice of motion for an order determining the claim of exemption with the court within 10 days after the date the levying officer mailed the notice of claim of exemption. If the notice of motion is so filed, the hearing on the motion shall be held not later than 30 days from the date the notice of motion was filed unless continued by the court for good cause. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, if the hearing is delayed by the court and cannot be set within 30 days of notice of the motion, a party may seek by ex parte application, and the court shall issue, an order staying any levy or garnishment with respect to the property subject to the claim of exemption until the hearing occurs. At the time prescribed by subdivision (b) of Section 1005, the judgment creditor shall give written notice of the hearing to the levying officer and shall serve a notice of the hearing and a copy of the notice of opposition to the claim of exemption on the judgment debtor and, if the claim of exemption so requested, on the attorney for the judgment debtor. Service is deemed made when the notice of the hearing and a copy of the notice of opposition to the claim of exemption are deposited in the mail, postage prepaid, addressed to the judgment debtor at the address stated in the claim of exemption and, if service on the attorney for the judgment debtor was requested in the claim of exemption, to the attorney at the address stated in the claim of exemption. The judgment creditor shall file proof of the service with the court. After receiving the notice of the hearing and before the date set for the hearing, the levying officer shall file the claim of exemption and the notice of opposition to the claim of exemption with the court.(2) The filing of an ex parte application under this section is not a general appearance and shall not constitute a waiver of the right to bring a motion under Section 418.10.(f) If the levying officer does not receive a notice of opposition to the claim of exemption within the 10-day period after the date of mailing of the notice of claim of exemption and a notice of the hearing not later than 10 days after the filing of the notice of opposition to the claim of exemption, the levying officer shall serve on the employer one of the following:(1) A notice that the earnings withholding order has been terminated if all of the judgment debtors earnings were claimed to be exempt.(2) A modified earnings withholding order that reflects the amount of earnings claimed to be exempt in the claim of exemption if only a portion of the judgment debtors earnings was claimed to be exempt.(g) If, after hearing, the court orders that the earnings withholding order be modified or terminated, the clerk shall promptly transmit a certified copy of the order to the levying officer who shall promptly serve on the employer of the judgment debtor (1) a copy of the modified earnings withholding order or (2) a notice that the earnings withholding order has been terminated.(1) Where the judgment debtors wages are exempt without making a claim, the court shall terminate or modify the earnings withholding order, and shall order the return by a date certain of all of the judgment debtors exempt wages. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, the court shall order the return by a date certain of any wages that were exempt without the need for a claim and that were garnished for up to 12 months preceding the date of the order on the claim of exemption. This paragraph does not limit a judges authority to order, for good cause, the return of any exempt property taken more than 12 months preceding the date of the order on the claim of exemption.(2) Where the judgment debtors wages are exempt as the result of a claim of exemption, the court shall terminate or modify the earnings withholding order, and shall order the return by a date certain of all of the judgment debtors exempt wages. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, the court shall order the return by a date certain any wages that the debtor has demonstrated would have been exempt by claim of exemption and that were garnished for up to six months preceding the date of the order on the claim of exemption. This paragraph does not limit a judges authority to order, for good cause, the return of any exempt property taken more than six months preceding the date of the order on the claim of exemption.(3) If the court determines that any amount withheld pursuant to the earnings withholding order should be paid to the judgment debtor, the court shall order the levying officer, judgment creditor, or other person, who is in possession of the property, to return the exempt property to the judgment debtor. A levying officer shall return the exempt property within 20 business days of receipt of notice of the order. A judgment creditor shall return the exempt property within 10 business days of entry of the order.(h) If the earnings withholding order is terminated by the court, unless the court otherwise orders or unless there is a material change of circumstances since the time of the last prior hearing on the earnings withholding order, the judgment creditor may not apply for another earnings withholding order directed to the same employer with respect to the same judgment debtor for a period of 100 days following the date of service of the earnings withholding order or 60 days after the date of the termination of the order, whichever is later. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, the judgment creditor may not apply for another earnings withholding order directed to the same employer with respect to the same judgment debtor for a period of 100 days following the date of service of the earnings withholding order or 60 days after the date of the termination of the order, whichever is later.(i) If an employer has withheld and paid over amounts pursuant to an earnings withholding order after the date of termination of the order but prior to the receipt of notice of its termination, the judgment debtor may recover those amounts only from the levying officer if the levying officer still holds those amounts or, if those amounts have been paid over to the judgment creditor, from the judgment creditor. If the employer has withheld amounts pursuant to an earnings withholding order after termination of the order but has not paid over those amounts to the levying officer, the employer shall pay those amounts to the judgment debtor within five business days of the end of the next pay period.(j) An appeal lies from any court order under this section denying a claim of exemption or modifying or terminating an earnings withholding order. An appeal by the judgment creditor from an order modifying or terminating the earnings withholding order does not stay the order from which the appeal is taken. Notwithstanding the appeal, until the order modifying or terminating the earnings withholding order is set aside or modified, the order allowing the claim of exemption in whole or in part shall be given the same effect as if the appeal had not been taken.(k) This section does not apply to a withholding order for support or a withholding order for taxes.
706.105. (a) A judgment debtor may claim an exemption under Section 706.051 under either of the following circumstances:
(1) No prior hearing has been held with respect to the earnings withholding order.
(2) There has been a material change in circumstances since the time of the last prior hearing on the earnings withholding order.
(b) A claim of exemption shall be made by filing with the levying officer an original and one copy of (1) the judgment debtors claim of exemption and (2) the judgment debtors financial statement.
(c) Upon filing of the claim of exemption, the levying officer shall promptly send to the judgment creditor, at the address stated in the application for the earnings withholding order, by first-class mail, postage prepaid, all of the following:
(1) A copy of the claim of exemption.
(2) A copy of the financial statement.
(3) A notice of claim of exemption. The notice shall state that the claim of exemption has been filed and that the earnings withholding order will be terminated, or modified to reflect the amount of earnings claimed to be exempt in the claim of exemption, unless a notice of opposition to the claim of exemption is filed with the levying officer by the judgment creditor within 10 days after the date of the mailing of the notice of claim of exemption.
(d) A judgment creditor who desires to contest a claim of exemption shall, within 10 days after the date of the mailing of the notice of claim of exemption, file with the levying officer a notice of opposition to the claim of exemption.
(e) (1) If a notice of opposition to the claim of exemption is filed with the levying officer within the 10-day period, the judgment creditor is entitled to a hearing on the claim of exemption. If the judgment creditor desires a hearing on the claim of exemption, the judgment creditor shall file a notice of motion for an order determining the claim of exemption with the court within 10 days after the date the levying officer mailed the notice of claim of exemption. If the notice of motion is so filed, the hearing on the motion shall be held not later than 30 days from the date the notice of motion was filed unless continued by the court for good cause. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, if the hearing is delayed by the court and cannot be set within 30 days of notice of the motion, a party may seek by ex parte application, and the court shall issue, an order staying any levy or garnishment with respect to the property subject to the claim of exemption until the hearing occurs. At the time prescribed by subdivision (b) of Section 1005, the judgment creditor shall give written notice of the hearing to the levying officer and shall serve a notice of the hearing and a copy of the notice of opposition to the claim of exemption on the judgment debtor and, if the claim of exemption so requested, on the attorney for the judgment debtor. Service is deemed made when the notice of the hearing and a copy of the notice of opposition to the claim of exemption are deposited in the mail, postage prepaid, addressed to the judgment debtor at the address stated in the claim of exemption and, if service on the attorney for the judgment debtor was requested in the claim of exemption, to the attorney at the address stated in the claim of exemption. The judgment creditor shall file proof of the service with the court. After receiving the notice of the hearing and before the date set for the hearing, the levying officer shall file the claim of exemption and the notice of opposition to the claim of exemption with the court.
(2) The filing of an ex parte application under this section is not a general appearance and shall not constitute a waiver of the right to bring a motion under Section 418.10.
(f) If the levying officer does not receive a notice of opposition to the claim of exemption within the 10-day period after the date of mailing of the notice of claim of exemption and a notice of the hearing not later than 10 days after the filing of the notice of opposition to the claim of exemption, the levying officer shall serve on the employer one of the following:
(1) A notice that the earnings withholding order has been terminated if all of the judgment debtors earnings were claimed to be exempt.
(2) A modified earnings withholding order that reflects the amount of earnings claimed to be exempt in the claim of exemption if only a portion of the judgment debtors earnings was claimed to be exempt.
(g) If, after hearing, the court orders that the earnings withholding order be modified or terminated, the clerk shall promptly transmit a certified copy of the order to the levying officer who shall promptly serve on the employer of the judgment debtor (1) a copy of the modified earnings withholding order or (2) a notice that the earnings withholding order has been terminated.
(1) Where the judgment debtors wages are exempt without making a claim, the court shall terminate or modify the earnings withholding order, and shall order the return by a date certain of all of the judgment debtors exempt wages. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, the court shall order the return by a date certain of any wages that were exempt without the need for a claim and that were garnished for up to 12 months preceding the date of the order on the claim of exemption. This paragraph does not limit a judges authority to order, for good cause, the return of any exempt property taken more than 12 months preceding the date of the order on the claim of exemption.
(2) Where the judgment debtors wages are exempt as the result of a claim of exemption, the court shall terminate or modify the earnings withholding order, and shall order the return by a date certain of all of the judgment debtors exempt wages. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, the court shall order the return by a date certain any wages that the debtor has demonstrated would have been exempt by claim of exemption and that were garnished for up to six months preceding the date of the order on the claim of exemption. This paragraph does not limit a judges authority to order, for good cause, the return of any exempt property taken more than six months preceding the date of the order on the claim of exemption.
(3) If the court determines that any amount withheld pursuant to the earnings withholding order should be paid to the judgment debtor, the court shall order the levying officer, judgment creditor, or other person, who is in possession of the property, to return the exempt property to the judgment debtor. A levying officer shall return the exempt property within 20 business days of receipt of notice of the order. A judgment creditor shall return the exempt property within 10 business days of entry of the order.
(h) If the earnings withholding order is terminated by the court, unless the court otherwise orders or unless there is a material change of circumstances since the time of the last prior hearing on the earnings withholding order, the judgment creditor may not apply for another earnings withholding order directed to the same employer with respect to the same judgment debtor for a period of 100 days following the date of service of the earnings withholding order or 60 days after the date of the termination of the order, whichever is later. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, the judgment creditor may not apply for another earnings withholding order directed to the same employer with respect to the same judgment debtor for a period of 100 days following the date of service of the earnings withholding order or 60 days after the date of the termination of the order, whichever is later.
(i) If an employer has withheld and paid over amounts pursuant to an earnings withholding order after the date of termination of the order but prior to the receipt of notice of its termination, the judgment debtor may recover those amounts only from the levying officer if the levying officer still holds those amounts or, if those amounts have been paid over to the judgment creditor, from the judgment creditor. If the employer has withheld amounts pursuant to an earnings withholding order after termination of the order but has not paid over those amounts to the levying officer, the employer shall pay those amounts to the judgment debtor within five business days of the end of the next pay period.
(j) An appeal lies from any court order under this section denying a claim of exemption or modifying or terminating an earnings withholding order. An appeal by the judgment creditor from an order modifying or terminating the earnings withholding order does not stay the order from which the appeal is taken. Notwithstanding the appeal, until the order modifying or terminating the earnings withholding order is set aside or modified, the order allowing the claim of exemption in whole or in part shall be given the same effect as if the appeal had not been taken.
(k) This section does not apply to a withholding order for support or a withholding order for taxes.
It is the intent of the Legislature to enact legislation relating to civil procedure.