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Court Services Division Manual / Volume 6 - Civil Management Bureau (CMB) / Manual of Civil Procedure / 6-30/000.00 Exemptions / 6-30/350.00 Filing of Claim

6-30/350.10 Earnings Withholding Order


6-30/340.50 All Other Property
6-30/350.20 Direct Deposit Public Benefits and Social Security Payments

The original Claim of Exemption (WG-006) and a Financial Statement (WG-007) is filed with the levying officer.  Two copies of the forms are necessary although at least one must be provided when the debtor files the claim.  (CCP 706.105(b))  The original forms are sent to the court if a hearing is to take place.  One copy is to be mailed to the judgment creditor; one copy is for the levying officer file.  No other forms may be used. (CCP 706.120) The forms shall be available through the levying officer at no charge.  (CCP 706.129)

 

The claim must be executed under oath, indicate how much the debtor believes should be withheld each pay period, and give the debtor’s present mailing address.  (CCP 706.123)   

 

The financial statement shall be executed under oath by the judgment debtor and, if the debtor is married, the spouse of the debtor, unless the spouses are living separate and apart.  (CCP 703.530(c))  The statement shall include all the following information:  

 

  • Name of the debtor’s spouse (CCP 703.530(b)(1)) 
  • Name, age, and relationship of all persons who are dependent for support on the debtor or the debtor’s spouse (CCP 703.530(b)(2))) 
  • All sources and the amounts of earnings and other income of the judgment debtor and the spouse and dependents of the judgment debtor (CCP 703.530(b)(3)) 
  • A list of the assets of the judgment debtor and the spouse and dependents of the judgment debtor and the value of such assets (CCP 703.530(b)(4))
  • All outstanding obligations of the judgment debtor and the spouse and dependents of the judgment debtor (CCP 703.530(b)(5))