Debt, Collections & Bankruptcy · Collections and lawsuits
After a judgment: garnishment, levies and exemptions
In this guide
- A California money judgment generally lasts 10 years and can be renewed, with tighter limits for smaller consumer and medical debts.
- Wage garnishment is capped at the lesser of 20% of disposable earnings or a minimum-wage-based amount.
- Exemption laws protect some money and property, and a claim of exemption has a short deadline.
How judgments are collected
A person who wins a money judgment (the judgment creditor) can use court procedures to collect it, including a wage garnishment through an earnings withholding order, a bank levy, and liens on real property. A judgment generally lasts 10 years and can be renewed. Since 2023, a judgment against an individual for personal debt under $50,000 or medical debt under $200,000 can be renewed only once, for 5 years, and carries 5% interest.
Wage garnishment limits
California limits how much can be withheld from each paycheck: the lesser of 20% of disposable earnings, or 40% of the amount by which weekly disposable earnings exceed 48 times the state minimum hourly wage. Where a local minimum wage is higher than the state’s, the local rate is used in that calculation. Workers can ask for a lower amount if more is needed to support themselves and their family.
Exemptions
Exemption laws protect certain property from collection, such as a portion of equity in a home, a vehicle up to a set value, household goods, tools of a trade, retirement accounts, many public benefits, and a set amount in a bank account. The current dollar amounts are listed on Judicial Council form EJ-156, which is updated periodically.
To protect money or property that is not automatically exempt, a debtor files a claim of exemption with the levying officer.
Time frames
- Judgment length: 10 years, renewable (some consumer and medical debt judgments: one 5-year renewal)
- Claim of exemption: generally within 15 days after the notice of levy is served, or 20 days when it was mailed
Common questions
Can Social Security be garnished for a credit card judgment?
Social Security and many other public benefits are generally protected from ordinary creditors. The court’s claim of exemption page describes how protections apply to bank accounts.
Official sources for this guide
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