AB 296

This bill eliminates the 13-week limit imposed on the garnishment of earnings of certain debtors. Under current law, a creditor may file a garnishment notice with a court and pay a fee to a garnishee for the purpose of collecting an unsatisfied judgment for money damages from earnings owed to the debtor by the garnishee. Current law limits the number of weeks in which the earnings of a debtor, other than a debtor who is an employee of the state or a political subdivision of the state, may be garnisheed to 13 weeks.

Under current law, a court-ordered assignment of a debtor’s earnings for support or maintenance in a family law matter takes priority over an earnings garnishment. The bill provides that a court-ordered earnings garnishment to satisfy an order for restitution in a criminal matter takes priority over other earnings garnishments but does not have priority over an assignment in a family law matter.

The bill makes various other changes, including changes to account for the increased length of time a garnishment may continue. For example, the bill requires a creditor to provide additional notices to a debtor when a garnishment extends beyond a 13-week period.