An earnings withholding order shall be served by the levying officer upon the employer by delivery of the order to the managing agent or person in charge of the branch or office where the employee works or is paid, or to any person to whom a copy of the summons and complaint may be served (CCP 415.10, 415.20). (CCP 706.101) Service on a receptionist or person at a front desk does not constitute valid service unless the person specifically conveys they are a managing agent or person in charge or is a person to whom a summons and complaint may be served.
The Los Angeles County Sheriff shall serve earnings withholding orders by first class mail exclusive of the Los Angeles office serving areas. Special Instructions from the attorney of record or party without an attorney requesting the earnings withholding order be served personally will not be honored.
All earnings withholding orders received shall be processed by the office receiving them. Earnings withholding orders will not to be forwarded to the office which would serve the earnings withholding order in the field. The office in receipt of the earnings withholding order shall make up and mail the process by first class mail. Service is complete on the date of receipt as indicated on the employer’s return or the date of mailing if the receipt date is not listed on the employer’s return. If the employer's return is not received at the originating office within 25 days of mailing, the earnings withholding order shall be reprinted and forwarded to the office handling the service in the field who will then attempt personal service.
Any exception to service by mail requires approval from the CMB Operations which will compile and maintain a list employers exempted from the earnings withholding order Mailing Program. An example of an exempted employer is the Los Angeles County Auditor. The Los Angeles Office is located in the same complex as the County Auditor. In such an instance, personal service is clearly more efficient than service by mail.
Note: Due to the volume of current cases and future services, the CMB will continue to handle and personally serve all garnishments and other process services involving CT Corporation and their affiliates, Vcorp, NRAI, BFI, and Corpdirect, exclusively out of our Los Angeles office: 110 N. Grand Ave, Rm 525, Los Angeles CA 90012.