An earnings withholding order is a court-ordered legal document. It requires an employer to withhold up to 25 percent of an employee’s wages. This money is paid to a creditor until the employee pays off their debt. A creditor is a person or business that is owed money.
The San Francisco Sheriff’s Office may serve an earnings withholding order to an employer. The employer must follow the order and withhold part of the employee’s wages. The Sheriff’s Office collects monies due from the employer.
You may oppose an earnings withholding order if it is incorrect or will cause you financial hardship
- You may seek legal help, especially if you plan to oppose the court order
- Provide the original forms to the San Francisco Sheriff’s Office plus two front and back copies of each form
- Complete the claim of exemption and financial statement forms
- File these documents with the Sheriff’s Office
- If your creditor opposes your claim of exemption, you will receive notice to appear in court
- While your claim is pending, the Sheriff will not send your withholding amount to your creditor
- Your creditor may accept your claim of exemption, or you will receive a decision from the court
For More Information
The San Francisco Sheriff’s Office cannot provide legal advice. If you have a legal problem, we suggest contacting an attorney.
CA Business & Professions Code Section 6125
Government Code 24004