WG-003 EMPLOYEE INSTRUCTIONS -NOTICEIMPORTANT LEGAL NOTICE TO EMPLOYEE ABOUT EARNINGS WITHHOLDING ORDERS (Wage Garnishment) The Earnings Withholding Order requires your employer to pay part of your earnings to the sheriff or other levying officer. The levying officer will pay the money to a creditor who has a court judgment against you. The information below may help you protect the money you earn. -NOTICIANOTICIA LEGAL IMPORTANTE RESPECTO A LAS ÓRDENES DE RETENCIÓN DE SUELDO La Orden de Retención de Sueldo requiere que su empleador pague una parte de su sueldo a un oficial de embargo. El oficial le pagará el dinero retenido a su acreedor que ha conseguido una decisión judicial en contra de usted. Pida usted que un amigo o su abogado le lea este papel oficial. Esta información le puede ayudar a proteger su sueldo. CAN YOU BE FIRED BECAUSE OF THIS? NO. You cannot be fired unless your earnings have been withheld before for a different court judgment. If this is the first judgment for which your wages will be withheld and your employer fires you because of this, the California Labor Commissioner, listed in the phone book of larger cities, can help you get your job back. HOW MUCH OF YOUR PAY WILL BE WITHHELD? The reverse of the Earnings Withholding Order (abbreviated in this notice as EWO) that applies to you contains Employer Instructions. These explain how much of your earnings can be withheld. Generally, the amount is about 25% of your take home pay until the amount due has been withheld. The levying officer will notify the employee of an additional assessment charged for paying out money collected under this order and that amount will also be withheld. If you have trouble figuring this out, ask your employer for help. IS THERE ANYTHING YOU CAN DO? YES. There are several possibilities. 1. See an attorney. If you do not know an attorney, check with the lawyer referral service or the legal aid office in your county (both are listed in the yellow pages under ''Attorneys''). An attorney may be able to help you make an agreement with your creditor, or may be able to help you stop your earnings from being withheld. You may wish to consider bankruptcy or asking the bankruptcy court to help you pay your creditors. These possibilities may stop your wages from being withheld. An attorney can help you decide what is best for you. Take your EWO to the attorney to help you get the best advice and the fastest help. 2. Try to work out an agreement yourself with your creditor. Call the creditor or the creditor's attorney, listed on the EWO. If you make an agreement, the withholding of your wages will stop or be changed to a smaller amount you agree on. (See item 4 on the reverse for another way to make an offer to your creditor.) 3. You can ask for an EXEMPTION. An exemption will protect more, or maybe even all of your earnings. You can get an exemption if you need your earnings to support yourself or your family, but you cannot get an exemption if: a. You use some of your earnings for luxuries and they aren't really necessary for support; OR b. You owe money to an attorney because of a court order in a family law case; OR c. You owe the debt for past due child support of spousal support (alimony); OR d. You owe the debt to a former employee for wages. HOW DO YOU ASK FOR AN EXEMPTION? (See the other side of this form for instructions about claiming an exemption.) Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California WG-003 [Rev. January 2, 2012] EMPLOYEE INSTRUCTIONS (Wage Garnishment) Code of Civil Procedure, § 706.122 www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com WG-003 HOW DO YOU ASK FOR AN EXEMPTION? 1. Call or write the levying officer for three (3) copies each of the forms called ''Claim of Exemption'' and ''Financial Statement.'' These forms are free. The name and address of the levying officer are in the big box on the right at the top of the EWO. 2. Fill out both forms. On the forms are some sentences or words in front of them. The box means the which have boxes words which follow may not apply to your case. If the words do apply, put a check in the box. Remember, it is your job to prove with the Financial Statement form that your earnings are needed for support. Write down the details about your needs. 3. For example, if your child has special medical expenses, tell which child, what illnesses, who the doctor is, how often the doctor must be visited, the cost per visit, and the costs of medicines. These details should be listed in item 6. If you need more space, put ''See attachment 6'' and attach a typed 8˝ by 11 sheet of paper on which you have explained your expenses in detail. 4. You can use the Claim of Exemption form to make an offer to the judgment creditor to have a specified amount withheld each pay period. Complete item 3 on the form to indicate the amount you agree to have withheld each pay day during the withholding period. (Be sure it's less than the amount to be withheld otherwise.) If your creditor accepts your offer, he will not oppose your claim of exemption. (See (1) below. ) 5. Sign the Claim of Exemption and Financial Statement forms. Be sure the Claim of Exemption form shows the address where you receive mail. 6. Mail or deliver two (2) copies of each of the two forms to the levying officer. Keep one copy for yourself in case a court hearing is necessary. Do not use the Claim of Exemption and Financial Statement forms to seek a modification of child support or alimony payments. These payments can be modified only by the family law court that ordered them. FILE YOUR CLAIM OF EXEMPTION AS SOON AS POSSIBLE FOR THE MOST PROTECTION. ONE OF TWO THINGS WILL HAPPEN NEXT (1) The judgment creditor will not oppose (object to) your claim of exemption. If this happens, after 10 days the levying officer will tell your employer to stop withholding or withhold less from your earnings. The part (or all) of your earnings needed for support will be paid to you or paid as you direct. And you will get back earnings the levying officer or your employer were holding when you asked for the exemption. --OR-- (2) The creditor will oppose (object to) your claim of exemption. If this happens, you will receive a Notice of Opposition and Notice of Hearing on Claim of Exemption, in which the creditor states why your exemption should not be allowed. A box in the middle of the Notice of Hearing tells you the time and place of the court hearing which will be