Earnings Withholding Order {WG-002} | Pdf Fpdf Doc Docx | California

Earnings Withholding Order {WG-002}

California/Judicial Council/Wage Garnishment/
Earnings Withholding Order {WG-002} | Pdf Fpdf Doc Docx | California

Earnings Withholding Order Form

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This is a California form that can be used for Wage Garnishment within Judicial Council.

Last updated: 7/1/2016
WG-002 ATTORNEY OR PARTY WITHOUT ATTORNEY: NAME: FIRM NAME: STREET ADDRESS: CITY: TELEPHONE NO.: E-MAIL ADDRESS: ATTORNEY FOR (name): STATE: FAX NO.: ZIP CODE: STATE BAR NO.: LEVYING OFFICER (Name and address): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: EARNINGS WITHHOLDING ORDER (Wage Garnishment) LEVYING OFFICER FILE NO.: COURT CASE NO.: EMPLOYEE: KEEP YOUR COPY OF THIS LEGAL PAPER. EMPLEADO: GUARDE ESTE PAPEL OFICIAL. EMPLOYER: Enter the following date to assist your recordkeeping. Date this order was received by employer (specify the date of personal delivery by levying officer or registered process server or the date mail receipt was signed): TO THE EMPLOYER REGARDING YOUR EMPLOYEE: Name and address of employer Name and address of employee Social Security No. on form WG-035 unknown 1. A judgment creditor has obtained this order to collect a court judgment against your employee. You are directed to withhold part of the earnings of the employee (see instructions on reverse of this form). Pay the withheld sums to the levying officer (name and address above). If the employee works for you now, you must give the employee a copy of this order and the Employee Instructions (form WG-003) within 10 days after receiving this order. Complete both copies of the form Employer's Return (form WG-005) and mail them to the levying officer within 15 days after receiving this order, whether or not the employee works for you. 2. The total amount due is: $ Count 10 calendar days from the date when you received this order. If your employee's pay period ends before the 10th day, do not withhold earnings payable for that pay period. Do withhold from earnings that are payable for any pay period ending on or after that 10th day. Continue withholding for all pay periods until you withhold the amount due. The levying officer will notify you of an assessment you should withhold in addition to the amount due. Do not withhold more than the total of these amounts. Never withhold any earnings payable before the beginning of the earnings withholding period. 3. The judgment was entered in the court on (date): The judgment creditor (if different from the plaintiff) is (name): 4. The INSTRUCTIONS TO EMPLOYER on the reverse tell you how much of the employee's earnings to withhold each payday and answer other questions you may have. Date: (TYPE OR PRINT NAME) LEVYING OFFICER (SIGNATURE) REGISTERED PROCESS SERVER Page 1 of 2 Code of Civil Procedure, §§ 706.022, 706.108, 706.125 www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com (Employer's Instructions on reverse) Form Adopted for Mandatory Use Judicial Council of California WG-002 [Rev. July 1, 2016] EARNINGS WITHHOLDING ORDER (Wage Garnishment) INSTRUCTIONS TO EMPLOYER ON EARNINGS WITHHOLDING ORDERS The instructions in paragraph 1 on the reverse of this form describe your early duties to provide information to your employee and the levying officer. Your other duties are TO WITHHOLD THE CORRECT AMOUNT OF EARNINGS (if any) and PAY IT TO THE LEVYING OFFICER during the withholding period. The withholding period is the period covered by the Earnings Withholding Order (this order). The withholding period begins 10 calendar days after you receive the order and continues until the total amount due, plus additional amounts for costs and interest (which will be listed in a levying officer's notice), is withheld. It may end sooner if (1) you receive a written notice signed by the levying officer specifying an earlier termination date, or (2) an order of higher priority (explained on the reverse of the Employer's Return (form WG-005) is received. You are entitled to rely on and must obey all written notices signed by the levying officer. The Employer's Return (form WG-005) describes several situations that could affect the withholding period for this order. If you receive more than one Earnings Withholding Order during a withholding period, review that form (Employer's Return) for instructions. If the employee stops working for you, the Earnings Withholding Order ends after no amounts are withheld for a continuous 180-day period. If withholding ends because the earnings are subject to an order of higher priority, the Earnings Withholding Order ends after a continuous two-year period during which no amounts are withheld under the order. Return the Earnings Withholding Order to the levying officer with a statement of the reason it is being returned. WG-002 State law limits the amount of earnings that can be withheld. The limitations are based on the employee's disposable earnings, which are different from gross pay or take-home pay. (A) To determine the CORRECT AMOUNT OF EARNINGS TO BE WITHHELD (if any), first compute the employee's disposable earnings. Earnings include any money (whether called wages, salary, commissions, bonuses, or anything else) that is paid by an employer to an employee for personal services. Vacation or sick pay is subject to withholding as it is received by the employee. Tips are generally not included as earnings because they are not paid by the employer. Disposable earnings are the earnings left after subtracting the part of the earnings a state or federal law requires an employer to withhold. Generally these required deductions are (1) federal income tax, (2) federal social security, (3) state income tax, (4) state disability insurance, and (5) payments to public employee retirement systems. Disposable earnings will change when the required deductions change. (B) After the employee's disposable earnings are known, to determine what amount should be withheld, you may look to the statute, follow the directions below in (C), or seek assistance on the California Courts SelfHelp website at www.courts.ca.gov/self-help-employerwagecivil.htm. Note that you also need to know the amount of the minimum wage in the location where the employee works. (C) Calculate the maximum amount that may be withheld from the employee's disposable earnings, which is the lesser of the following two amounts: 25 percent of disposable earnings for that week; or 50 percent of the amount by which the employee's disposable earnings that week exceed the applicable minimum wage. If there is a local minimum wage in effect in the location where the employee works that exceeds the state minimum wage at the time the earnings are payable, the local minimum wage is the a