704.210. Property that is not subject to enforcement of a money

judgment is exempt without making a claim.

704.710. As used in this article:

(a) "Dwelling" means a place where a person resides and may

include but is not limited to the following:

(1) A house together with the outbuildings and the land upon which

they are situated.

(2) A mobilehome together with the outbuildings and the land upon

which they are situated.

(3) A boat or other waterborne vessel.

(4) A condominium, as defined in Section 783 of the Civil Code.

(5) A planned development, as defined in Section 11003 of the

Business and Professions Code.

(6) A stock cooperative, as defined in Section 11003.2 of the

Business and Professions Code.

(7) A community apartment project, as defined in Section 11004 of

the Business and Professions Code.

(b) "Family unit" means any of the following:

(1) The judgment debtor and the judgment debtor's spouse if the

spouses reside together in the homestead.

(2) The judgment debtor and at least one of the following persons

who the judgment debtor cares for or maintains in the homestead:

(A) The minor child or minor grandchild of the judgment debtor or

the judgment debtor's spouse or the minor child or grandchild of a

deceased spouse or former spouse.

(B) The minor brother or sister of the judgment debtor or judgment

debtor's spouse or the minor child of a deceased brother or sister

of either spouse.

(C) The father, mother, grandfather, or grandmother of the

judgment debtor or the judgment debtor's spouse or the father,

mother, grandfather, or grandmother of a deceased spouse.

(D) An unmarried relative described in this paragraph who has

attained the age of majority and is unable to take care of or support

himself or herself.

(3) The judgment debtor's spouse and at least one of the persons

listed in paragraph (2) who the judgment debtor's spouse cares for or

maintains in the homestead.

(c) "Homestead" means the principal dwelling (1) in which the

judgment debtor or the judgment debtor's spouse resided on the date

the judgment creditor's lien attached to the dwelling, and (2) in

which the judgment debtor or the judgment debtor's spouse resided

continuously thereafter until the date of the court determination

that the dwelling is a homestead. Where exempt proceeds from the

sale or damage or destruction of a homestead are used toward the

acquisition of a dwelling within the six-month period provided by

Section 704.720, "homestead" also means the dwelling so acquired if

it is the principal dwelling in which the judgment debtor or the

judgment debtor's spouse resided continuously from the date of

acquisition until the date of the court determination that the

dwelling is a homestead, whether or not an abstract or certified copy

of a judgment was recorded to create a judgment lien before the

dwelling was acquired.

(d) "Spouse" does not include a married person following entry of

a judgment decreeing legal separation of the parties, unless such

married persons reside together in the same dwelling.

704.720. (a) A homestead is exempt from sale under this division to

the extent provided in Section 704.800.

(b) If a homestead is sold under this division or is damaged or

destroyed or is acquired for public use, the proceeds of sale or of

insurance or other indemnification for damage or destruction of the

homestead or the proceeds received as compensation for a homestead

acquired for public use are exempt in the amount of the homestead

exemption provided in Section 704.730. The proceeds are exempt for a

period of six months after the time the proceeds are actually

received by the judgment debtor, except that, if a homestead

exemption is applied to other property of the judgment debtor or the

judgment debtor's spouse during that period, the proceeds thereafter

are not exempt.

(c) If the judgment debtor and spouse of the judgment debtor

reside in separate homesteads, only the homestead of one of the

spouses is exempt and only the proceeds of the exempt homestead are

exempt.

704.730. (a) The amount of the homestead exemption is one of the

following:

(1) Fifty thousand dollars ($50,000) unless the judgment debtor or

spouse of the judgment debtor who resides in the homestead is a

person described in paragraph (2) or (3).

(2) Seventy-five thousand dollars ($75,000) if the judgment debtor

or spouse of the judgment debtor who resides in the homestead is at

the time of the attempted sale of the homestead a member of a family

unit, and there is at least one member of the family unit who owns no

interest in the homestead or whose only interest in the homestead is

a community property interest with the judgment debtor.

(3) One hundred fifty thousand dollars ($150,000) if the judgment

debtor or spouse of the judgment debtor who resides in the homestead

is at the time of the attempted sale of the homestead any one of the

following:

(A) A person 65 years of age or older.

(B) A person physically or mentally disabled and as a result of

that disability is unable to engage in substantial gainful

employment. There is a rebuttable presumption affecting the burden

of proof that a person receiving disability insurance benefit

payments under Title II or supplemental security income payments

under Title XVI of the federal Social Security Act satisfies the

requirements of this paragraph as to his or her inability to engage

in substantial gainful employment.

(C) A person 55 years of age or older with a gross annual income

of not more than fifteen thousand dollars ($15,000) or, if the

judgment debtor is married, a gross annual income, including the

gross annual income of the judgment debtor's spouse, of not more than

twenty thousand dollars ($20,000) and the sale is an involuntary

sale.

(b) Notwithstanding any other provision of this section, the

combined homestead exemptions of spouses on the same judgment shall

not exceed the amount specified in paragraph (2) or (3), whichever is

applicable, of subdivision (a), regardless of whether the spouses

are jointly obligated on the judgment and regardless of whether the

homestead consists of community or separate property or both.

Notwithstanding any other provision of this article, if both spouses

are entitled to a homestead exemption, the exemption of proceeds of

the homestead shall be apportioned between the spouses on the basis

of their proportionate interests in the homestead.

704.740. (a) Except as provided in subdivision (b), the interest of

a natural person in a dwelling may not be sold under this division

to enforce a money judgment except pursuant to a court order for sale

obtained under this article and the dwelling exemption shall be

determined under this article.

(b) If the dwelling is personal property or is real property in

which the judgment debtor has a leasehold estate with an unexpired

term of less than two years at the time of levy:

(1) A court order for sale is not required and the procedures

provided in this article relating to the court order for sale do not

apply.

(2) An exemption claim shall be made and determined as provided in

Article 2 (commencing with Section 703.510).

704.750. (a) Promptly after a dwelling is levied upon (other than a

dwelling described in subdivision (b) of Section 704.740), the

levying officer shall serve notice on the judgment creditor that the

levy has been made and that the property will be released unless the

judgment creditor complies with the requirements of this section.

Service shall be made personally or by mail. Within 20 days after

service of the notice, the judgment creditor shall apply to the court

for an order for sale of the dwelling and shall file a copy of the

application with the levying officer. If the judgment creditor does

not file the copy of the application for an order for sale of the

dwelling within the allowed time, the levying officer shall release

the dwelling.

(b) If the dwelling is located in a county other than the county

where the judgment was entered:

(1) The judgment creditor shall apply to the superior court of the

county where the dwelling is located.

(2) The judgment creditor shall file with the application an

abstract of judgment in the form prescribed by Section 674 or, in the

case of a judgment described in Section 697.320, a certified copy of

the judgment.

(3) The judgment creditor shall pay the filing fee for a motion as

provided in subdivision (a) of Section 70617 of the Government Code.

704.760. The judgment creditor's application shall be made under

oath, shall describe the dwelling, and shall contain all of the

following:

(a) A statement whether or not the records of the county tax

assessor indicate that there is a current homeowner's exemption or

disabled veteran's exemption for the dwelling and the person or

persons who claimed any such exemption.

(b) A statement, which may be based on information and belief,

whether the dwelling is a homestead and the amount of the homestead

exemption, if any, and a statement whether or not the records of the

county recorder indicate that a homestead declaration under Article

5 (commencing with Section 704.910) that describes the dwelling has

been recorded by the judgment debtor or the spouse of the judgment

debtor.

(c) A statement of the amount of any liens or encumbrances on the

dwelling, the name of each person having a lien or encumbrance on the

dwelling, and the address of such person used by the county recorder

for the return of the instrument creating such person's lien or

encumbrance after recording.

704.770. (a) Upon the filing of the application by the judgment

creditor, the court shall set a time and place for hearing and order

the judgment debtor to show cause why an order for sale should not be

made in accordance with the application. The time set for hearing

shall be not later than 45 days after the application is filed or

such later time as the court orders upon a showing of good cause.

(b) Not later than 30 days before the time set for hearing, the

judgment creditor shall do both of the following:

(1) Serve on the judgment debtor a copy of the order to show

cause, a copy of the application of the judgment creditor, and a copy

of the notice of the hearing in the form prescribed by the Judicial

Council. Service shall be made personally or by mail.

(2) Personally serve a copy of each document listed in paragraph

(1) on an occupant of the dwelling or, if there is no occupant

present at the time service is attempted, post a copy of each

document in a conspicuous place at the dwelling.

704.780. (a) The burden of proof at the hearing is determined in

the following manner:

(1) If the records of the county tax assessor indicate that there

is a current homeowner's exemption or disabled veteran's exemption

for the dwelling claimed by the judgment debtor or the judgment

debtor's spouse, the judgment creditor has the burden of proof that

the dwelling is not a homestead. If the records of the county tax

assessor indicate that there is not a current homeowner's exemption

or disabled veteran's exemption for the dwelling claimed by the

judgment debtor or the judgment debtor's spouse, the burden of proof

that the dwelling is a homestead is on the person who claims that the

dwelling is a homestead.

(2) If the application states the amount of the homestead

exemption, the person claiming the homestead exemption has the burden

of proof that the amount of the exemption is other than the amount

stated in the application.

(b) The court shall determine whether the dwelling is exempt. If

the court determines that the dwelling is exempt, the court shall

determine the amount of the homestead exemption and the fair market

value of the dwelling. The court shall make an order for sale of the

dwelling subject to the homestead exemption, unless the court

determines that the sale of the dwelling would not be likely to

produce a bid sufficient to satisfy any part of the amount due on the

judgment pursuant to Section 704.800. The order for sale of the

dwelling subject to the homestead exemption shall specify the amount

of the proceeds of the sale that is to be distributed to each person

having a lien or encumbrance on the dwelling and shall include the

name and address of each such person. Subject to the provisions of

this article, the sale is governed by Article 6 (commencing with

Section 701.510) of Chapter 3. If the court determines that the

dwelling is not exempt, the court shall make an order for sale of the

property in the manner provided in Article 6 (commencing with

Section 701.510) of Chapter 3.

(c) The court clerk shall transmit a certified copy of the court

order (1) to the levying officer and (2) if the court making the

order is not the court in which the judgment was entered, to the

clerk of the court in which the judgment was entered.

(d) The court may appoint a qualified appraiser to assist the

court in determining the fair market value of the dwelling. If the

court appoints an appraiser, the court shall fix the compensation of

the appraiser in an amount determined by the court to be reasonable,

not to exceed similar fees for similar services in the community

where the dwelling is located.

704.790. (a) This section applies in any case where the court makes

an order for sale of the dwelling upon a hearing at which none of

the following appeared:

(1) The judgment debtor.

(2) The judgment debtor's spouse.

(3) The attorney for the judgment debtor.

(4) The attorney for the judgment debtor's spouse.

(b) Not later than 10 days after the date of the order for sale,

the judgment creditor shall serve a copy of the order and a notice of

the order in the form prescribed by the Judicial Council:

(1) Personally or by mail on the judgment debtor and the judgment

debtor's spouse.

(2) Personally on an occupant of the dwelling or, if there is no

occupant present at the time service is attempted, post a copy of the

order and notice in a conspicuous place at the dwelling.

(c) Proof of service and of any posting shall be filed with the

court and with the levying officer. If the judgment creditor fails

to comply with this subdivision and with subdivision (b) in any case

where this section applies, the dwelling may not be sold under the

order for sale.

(d) If, within 10 days after service of notice of the order, the

judgment debtor or the judgment debtor's spouse files with the

levying officer a declaration that the absence of the judgment

debtor and the judgment debtor's spouse or the attorney for the

judgment debtor or the judgment debtor's spouse from the hearing was

due to mistake, inadvertence, surprise, or excusable neglect and that

the judgment debtor or spouse of the judgment debtor wishes to

assert the homestead exemption, the levying officer shall transmit

the declaration forthwith to the court. Upon receipt of the

declaration, the court shall set a time and place for hearing to

determine whether the determinations of the court should be modified.

The time set for hearing shall be not later than 20 days after

receipt of the declaration. The court clerk shall cause notice of

the hearing promptly to be given to the parties.

704.800. (a) If no bid is received at a sale of a homestead

pursuant to a court order for sale that exceeds the amount of the

homestead exemption plus any additional amount necessary to satisfy

all liens and encumbrances on the property, including but not limited

to any attachment or judgment lien, the homestead shall not be sold

and shall be released and is not thereafter subject to a court order

for sale upon subsequent application by the same judgment creditor

for a period of one year.

(b) If no bid is received at the sale of a homestead pursuant to a

court order for sale that is 90 percent or more of the fair market

value determined pursuant to Section 704.780, the homestead shall not

be sold unless the court, upon motion of the judgment creditor, does

one of the following:

(1) Grants permission to accept the highest bid that exceeds the

amount of the minimum bid required by subdivision (a).

(2) Makes a new order for sale of the homestead.

704.810. Levy on a homestead that is subject to a lien or

encumbrance is not by itself grounds for acceleration of the

obligation secured by the lien or encumbrance, notwithstanding any

provision of the obligation, lien, or encumbrance and if the

homestead is sold pursuant to court order under this article the

amount payable to satisfy a lien or encumbrance shall not include any

penalty for prepayment.

704.820. If the dwelling is owned by the judgment debtor as a joint

tenant or tenant in common or if the interest of the judgment debtor

in the dwelling is a leasehold or other interest less than a fee

interest:

(a) At an execution sale of a dwelling, the interest of the

judgment debtor in the dwelling and not the dwelling shall be sold.

If there is more than one judgment debtor of the judgment creditor,

the interests of the judgment debtors in the dwelling shall be sold

together and each of the judgment debtors entitled to a homestead

exemption is entitled to apply his or her exemption to his or her own

interest.

(b) For the purposes of this section, all references in this

article to the "dwelling" or "homestead" are deemed to be references

to the interest of the judgment debtor in the dwelling or homestead.

704.830. The provisions of Sections 703.590 and 703.600 apply to

proceedings under this article.

704.840. (a) Except as provided in subdivision (b), the judgment

creditor is entitled to recover reasonable costs incurred in a

proceeding under this article.

(b) If no bid is received at a sale of a homestead pursuant to a

court order for sale that exceeds the amount of the homestead

exemption plus any additional amount necessary to satisfy all liens

and encumbrances on the property, the judgment creditor is not

entitled to recover costs incurred in a proceeding under this article

or costs of sale.

704.850. (a) The levying officer shall distribute the proceeds of

sale of a homestead in the following order:

(1) To the discharge of all liens and encumbrances, if any, on the

property.

(2) To the judgment debtor in the amount of any applicable

exemption of proceeds pursuant to Section 704.720.

(3) To the levying officer for the reimbursement of the levying

officer's costs for which an advance has not been made.

(4) To the judgment creditor to satisfy the following:

(A) First, costs and interest accruing after issuance of the writ

pursuant to which the sale is conducted.

(B) Second, the amount due on the judgment with costs and

interest, as entered on the writ.

(5) To the judgment debtor in the amount remaining.

(b) Sections 701.820 and 701.830 apply to distribution of proceeds

under this section.

704.910. As used in this article:

(a) "Declared homestead" means the dwelling described in a

homestead declaration.

(b) "Declared homestead owner" includes both of the following:

(1) The owner of an interest in the declared homestead who is

named as a declared homestead owner in a homestead declaration

recorded pursuant to this article.

(2) The declarant named in a declaration of homestead recorded

prior to July 1, 1983, pursuant to former Title 5 (commencing with

Section 1237) of Part 4 of Division 2 of the Civil Code and the

spouse of such declarant.

(c) "Dwelling" means any interest in real property (whether

present or future, vested or contingent, legal or equitable) that is

a "dwelling" as defined in Section 704.710, but does not include a

leasehold estate with an unexpired term of less than two years or the

interest of the beneficiary of a trust.

(d) "Homestead declaration" includes both of the following:

(1) A homestead declaration recorded pursuant to this article.

(2) A declaration of homestead recorded prior to July 1, 1983,

pursuant to former Title 5 (commencing with former Section 1237) of

Part 4 of Division 2 of the Civil Code.

(e) "Spouse" means a "spouse" as defined in Section 704.710.

704.920. A dwelling in which an owner or spouse of an owner resides

may be selected as a declared homestead pursuant to this article by

recording a homestead declaration in the office of the county

recorder of the county where the dwelling is located. From and after

the time of recording, the dwelling is a declared homestead for the

purposes of this article.

704.930. (a) A homestead declaration recorded pursuant to this

article shall contain all of the following:

(1) The name of the declared homestead owner. A husband and wife

both may be named as declared homestead owners in the same homestead

declaration if each owns an interest in the dwelling selected as the

declared homestead.

(2) A description of the declared homestead.

(3) A statement that the declared homestead is the principal

dwelling of the declared homestead owner or such person's spouse, and

that the declared homestead owner or such person's spouse resides in

the declared homestead on the date the homestead declaration is

recorded.

(b) The homestead declaration shall be executed and acknowledged

in the manner of an acknowledgment of a conveyance of real property

by at least one of the following persons:

(1) The declared homestead owner.

(2) The spouse of the declared homestead owner.

(3) The guardian or conservator of the person or estate of either

of the persons listed in paragraph (1) or (2). The guardian or

conservator may execute, acknowledge, and record a homestead

declaration without the need to obtain court authorization.

(4) A person acting under a power of attorney or otherwise

authorized to act on behalf of a person listed in paragraph (1) or

(2).

(c) The homestead declaration shall include a statement that the

facts stated in the homestead declaration are known to be true as of

the personal knowledge of the person executing and acknowledging the

homestead declaration. If the homestead declaration is executed and

acknowledged by a person listed in paragraph (3) or (4) of

subdivision (b), it shall also contain a statement that the person

has authority to so act on behalf of the declared homestead owner or

the spouse of the declared homestead owner and the source of the

person's authority.

704.940. A homestead declaration does not restrict or limit any

right to convey or encumber the declared homestead. A homestead

declaration, when properly recorded, is prima facie evidence of the

facts therein stated, and conclusive evidence thereof in favor of a

purchaser or encumbrancer in good faith and for a valuable

consideration.

704.950. (a) Except as provided in subdivisions (b) and (c), a

judgment lien on real property created pursuant to Article 2

(commencing with Section 697.310) of Chapter 2 does not attach to a

declared homestead if both of the following requirements are

satisfied:

(1) A homestead declaration describing the declared homestead was

recorded prior to the time the abstract or certified copy of the

judgment was recorded to create the judgment lien.

(2) The homestead declaration names the judgment debtor or the

spouse of the judgment debtor as a declared homestead owner.

(b) This section does not apply to a judgment lien created under

Section 697.320 by recording a certified copy of a judgment for

child, family, or spousal support.

(c) A judgment lien attaches to a declared homestead in the amount

of any surplus over the total of the following:

(1) All liens and encumbrances on the declared homestead at the

time the abstract of judgment or certified copy of the judgment is

recorded to create the judgment lien.

(2) The homestead exemption set forth in Section 704.730.

704.960. (a) If a declared homestead is voluntarily sold, the

proceeds of sale are exempt in the amount provided by Section 704.730

for a period of six months after the date of sale.

(b) If the proceeds of a declared homestead are invested in a new

dwelling within six months after the date of a voluntary sale or

within six months after proceeds of an execution sale or of insurance

or other indemnification for damage or destruction are received, the

new dwelling may be selected as a declared homestead by recording a

homestead declaration within the applicable six-month period. In

such case, the homestead declaration has the same effect as if it had

been recorded at the time the prior homestead declaration was

recorded.

704.965. If a homestead declaration is recorded prior to the

operative date of an amendment to Section 704.730 which increases the

amount of the homestead exemption, the amount of the exemption for

the purposes of subdivision (c) of Section 704.950 and Section

704.960 is the increased amount, except that, if the judgment

creditor obtained a lien on the declared homestead prior to the

operative date of the amendment to Section 704.730, the exemption for

the purposes of subdivision (c) of Section 704.950 and Section

704.960 shall be determined as if that amendment to Section 704.730

had not been enacted.

704.970. Whether or not a homestead declaration has been recorded:

(a) Nothing in this article affects the right of levy pursuant to

a writ of execution.

(b) Any levy pursuant to a writ of execution on a dwelling (as

defined in Section 704.710) and the sale pursuant thereto shall be

made in compliance with Article 4 (commencing with Section 704.710)

and the judgment debtor and the judgment creditor shall have all the

rights and benefits provided by that article.

704.980. (a) A declared homestead may be abandoned by a declaration

of abandonment under this section, whether the homestead declaration

was recorded pursuant to this article or pursuant to former Title 5

(commencing with former Section 1237) of Part 4 of Division 2 of the

Civil Code.

(b) A declaration of abandonment shall be executed and

acknowledged in the manner of an acknowledgment of a conveyance of

real property. It shall be executed and acknowledged by a declared

homestead owner or by a person authorized to act on behalf of a

declared homestead owner. If it is executed and acknowledged by a

person authorized to act on behalf of a declared homestead owner, the

declaration shall contain a statement that the person has authority

to act on behalf of the declared homestead owner and the source of

the person's authority.

(c) The declaration of abandonment does not affect the declared

homestead of any person other than the declared homestead owner named

in the declaration of abandonment.

704.990. (a) A declared homestead is abandoned by operation of law

as to a declared homestead owner if the declared homestead owner or a

person authorized to act on behalf of the declared homestead owner

executes, acknowledges, and records a new homestead declaration for

the declared homestead owner on different property. An abandonment

under this subdivision does not affect the declared homestead of any

person other than the declared homestead owner named in the new

homestead declaration.

(b) Notwithstanding subdivision (a), if a homestead declaration is

recorded which includes property described in a previously recorded

homestead declaration, to the extent that the prior homestead

declaration is still valid, the new homestead declaration shall not

be considered an abandonment of the prior declared homestead.

704.995. (a) The protection of the declared homestead from any

creditor having an attachment lien, execution lien, or judgment lien

on the dwelling continues after the death of the declared homestead

owner if, at the time of the death, the dwelling was the principal

dwelling of one or more of the following persons to whom all or part

of the interest of the deceased declared homestead owner passes:

(1) The surviving spouse of the decedent.

(2) A member of the family of the decedent.

(b) The protection of the declared homestead provided by

subdivision (a) continues regardless of whether the decedent was the

sole owner of the declared homestead or owned the declared homestead

with the surviving spouse or a member of the decedent's family and

regardless of whether the surviving spouse or the member of the

decedent's family was a declared homestead owner at the time of the

decedent's death.

(c) The amount of the homestead exemption is determined pursuant

to Section 704.730 depending on the circumstances of the case at the

time the amount is required to be determined.

706.010. This chapter shall be known and may be cited as the "Wage

Garnishment Law."

706.011. As used in this chapter:

(a) "Earnings" means compensation payable by an employer to an

employee for personal services performed by such employee, whether

denominated as wages, salary, commission, bonus, or otherwise.

(b) "Earnings assignment order for support" means an order, made

pursuant to Chapter 8 (commencing with Section 5200) of Part 5 of

Division 9 of the Family Code or Section 3088 of the Probate Code,

which requires an employer to withhold earnings for support.

(c) "Employee" means a public officer and any individual who

performs services subject to the right of the employer to control

both what shall be done and how it shall be done.

(d) "Employer" means a person for whom an individual performs

services as an employee.

(e) "Judgment creditor," as applied to the state, means the

specific state agency seeking to collect a judgment or tax liability.

(f) "Judgment debtor" includes a person from whom the state is

seeking to collect a tax liability under Article 4 (commencing with

Section 706.070), whether or not a judgment has been obtained on such

tax liability.

(g) "Person" includes an individual, a corporation, a partnership

or other unincorporated association, a limited liability company, and

a public entity.

706.020. Except for an earning assignment order for support, the

earnings of an employee shall not be required to be withheld by an

employer for payment of a debt by means of any judicial procedure

other than pursuant to this chapter.

706.021. Notwithstanding any other provision of this title, a levy

of execution upon the earnings of an employee shall be made by

service of an earnings withholding order upon the employer in

accordance with this chapter.

706.022. (a) As used in this section, "withholding period" means

the period which commences on the 10th day after service of an

earnings withholding order upon the employer and which continues

until the earliest of the following dates:

(1) The date the employer has withheld the full amount required

to satisfy the order.

(2) The date of termination specified in a court order served on

the employer.

(3) The date of termination specified in a notice of termination

served on the employer by the levying officer.

(4) The date of termination of a dormant or suspended earnings

withholding order as determined pursuant to Section 706.032.

(b) Except as otherwise provided by statute, an employer shall

withhold the amounts required by an earnings withholding order from

all earnings of the employee payable for any pay period of the

employee which ends during the withholding period.

(c) An employer is not liable for any amounts withheld and paid

over to the levying officer pursuant to an earnings withholding order

prior to service upon the employer pursuant to paragraph (2) or (3)

of subdivision (a).

706.023. Except as otherwise provided in this chapter:

(a) An employer shall comply with the first earnings withholding

order served upon the employer.

(b) If the employer is served with two or more earnings

withholding orders on the same day, the employer shall comply with

the order issued pursuant to the judgment first entered. If two or

more orders served on the same day are based on judgments entered

upon the same day, the employer shall comply with whichever one of

such orders the employer selects.

(c) If an earnings withholding order is served while an employer

is required to comply with another earnings withholding order with

respect to the earnings of the same employee, the subsequent order is

ineffective and the employer shall not withhold earnings pursuant to

the subsequent order.

706.024. (a) The amount required to satisfy an earnings withholding

order is the total amount required to satisfy the writ of execution

on the date the order is issued, with the following additions and

subtractions:

(1) The addition of the statutory fee for service of the order and

any other statutory fees for performing duties under the order.

(2) The addition of costs added to the order pursuant to Section

685.090.

(3) The subtraction of the amount of any partial satisfactions.

(4) The addition of daily interest accruing after issuance of the

order, as adjusted for partial satisfactions.

(b) From time to time the levying officer, in the levying officer'

s discretion, may give written notice to the employer of the amount

required to satisfy the earnings withholding order and the employer

shall determine the total amount to withhold based upon the levying

officer's notice, notwithstanding a different amount stated in the

order originally served on the employer.

(c) If the full amount required to satisfy the earnings

withholding order as stated in the order or in the levying officer's

notice under subdivision (b) is withheld from the judgment debtor's

earnings, interest ceases to accrue on that amount.

706.025. (a) Except as provided in subdivision (b), the amount

required to be withheld pursuant to an earnings withholding order

shall be paid monthly to the levying officer not later than the 15th

day of each month. The initial monthly payment shall include all

amounts required to be withheld from the earnings of the employee

during the preceding calendar month up to the close of the employee's

pay period ending closest to the last day of that month, and

thereafter each monthly payment shall include amounts withheld from

the employee's earnings for services rendered in the interim up to

the close of the employee's pay period ending closest to the last day

of the preceding calendar month.

(b) The employer may elect to pay the amounts withheld to the

levying officer more frequently than monthly. If the employer so

elects, payment of the amount withheld from the employee's earnings

for each pay period shall be made not later than 10 days after the

close of the pay period.

706.026. (a) The levying officer shall receive and account for all

amounts paid by the employer pursuant to Section 706.025 and shall

pay the amounts so received over to the person entitled thereto at

least once every 30 days.

(b) At least once every two years, the levying officer shall file

an account with the court for all amounts collected under the

earnings withholding order, including costs and interest added to the

amount due.

706.027. If the judgment pursuant to which the earnings withholding

order is issued is satisfied before the order otherwise terminates

pursuant to Section 706.022, the judgment creditor shall promptly

notify the levying officer who shall promptly terminate the order by

serving a notice of termination on the employer.

706.028. (a) "Final earnings withholding order for costs and

interest" means an earnings withholding order for the collection only

of unsatisfied costs and interest, which is issued after an earlier

earnings withholding order has been returned satisfied.

(b) After the amount stated as owing in a prior earnings

withholding order is paid, the judgment creditor may obtain a final

earnings withholding order for costs and interest to collect amounts

of costs and interest that were not collected under the prior

earnings withholding order.

(c) A final earnings withholding order for costs and interest

shall be enforced in the same manner as other earnings withholding

orders.

(d) Satisfaction of the amount stated as owing in a final earnings

withholding order for costs and interest is equivalent to

satisfaction of the money judgment. For this purpose, interest

ceases to accrue on the date of issuance of the final earnings

withholding order and no additional costs may be added after that

date, except for the statutory fee for service of the order and any

other statutory fees for performing duties under the order.

706.029. Service of an earnings withholding order creates a lien

upon the earnings of the judgment debtor that are required to be

withheld pursuant to the order and upon all property of the employer

subject to the enforcement of a money judgment in the amount required

to be withheld pursuant to such order. The lien continues for a

period of one year from the date the earnings of the judgment debtor

become payable unless the amount required to be withheld pursuant to

the order is paid as required by law.

706.030. (a) A "withholding order for support" is an earnings

withholding order issued on a writ of execution to collect delinquent

amounts payable under a judgment for the support of a child, or

spouse or former spouse, of the judgment debtor. A withholding order

for support shall be denoted as such on its face.

(b) The local child support agency may issue a withholding order

for support on a notice of levy pursuant to Section 17522 of the

Family Code to collect a support obligation.

(1) When the local child support agency issues a withholding order

for support, a reference in this chapter to a levying officer is

deemed to mean the local child support agency who issues the

withholding order for support.

(2) Service of a withholding order for support issued by the local

child support agency may be made by first-class mail or in any other

manner described in Section 706.101. Service of a withholding order

for support issued by the local child support agency is complete

when it is received by the employer or a person described in

paragraph (1) or (2) of subdivision (a) of Section 706.101, or if

service is by first-class mail, service is complete as specified in

Section 1013.

(3) The local child support agency shall serve upon the employer

the withholding order for support, a copy of the order, and a notice

informing the support obligor of the effect of the order and of his

or her right to hearings and remedies provided in this chapter and in

the Family Code. The notice shall be accompanied by the forms

necessary to obtain an administrative review and a judicial hearing

and instructions on how to file the forms. Within 10 days from the

date of service, the employer shall deliver to the support obligor a

copy of the withholding order for support, the forms to obtain an

administrative review and judicial hearing, and the notice. If the

support obligor is no longer employed by the employer and the

employer does not owe the support obligor any earnings, the employer

shall inform the local child support agency that the support obligor

is no longer employed by the employer.

(4) An employer who fails to comply with paragraph (3) shall be

subject to a civil penalty of five hundred dollars ($500) for each

occurrence.

(5) The local child support agency shall provide for an

administrative review to reconsider or modify the amount to be

withheld for arrearages pursuant to the withholding order for

support, if the support obligor requests a review at any time after

service of the withholding order. The local child support agency

shall provide the review in the same manner and timeframes provided

for resolution of a complaint pursuant to Section 17800 of the Family

Code. The local child support agency shall notify the employer if

the review results in any modifications to the withholding order for

support. If the local child support agency cannot complete the

administrative review within 30 calendar days of receipt of the

complaint, the local child support agency shall notify the employer

to suspend withholding any disputed amount pending the completion of

the review and the determination by the local child support agency.

(6) Nothing in this section prohibits the support obligor from

seeking a judicial determination of arrearages pursuant to

subdivision (c) of Section 17256 of the Family Code or from filing a

motion for equitable division of earnings pursuant to Section 706.052

either prior to or after the administrative review provided by this

section. Within five business days after receiving notice of the

obligor having filed for judicial relief pursuant to this section,

the local child support agency shall notify the employer to suspend

withholding any disputed amount pending a determination by the court.

The employer shall then adjust the withholding within not more than

nine days of receiving the notice from the local child support

agency.

(c) Notwithstanding any other provision of this chapter:

(1) An employer shall continue to withhold pursuant to a

withholding order for support until the earliest of the dates

specified in paragraph (1), (2), or (3) of subdivision (a) of Section

706.022, except that a withholding order for support shall

automatically terminate one year after the employment of the employee

by the employer terminates.

(2) A withholding order for support has priority over any other

earnings withholding order. An employer upon whom a withholding

order for support is served shall withhold and pay over earnings of

the employee pursuant to that order notwithstanding the requirements

of another earnings withholding order.

(3) Subject to paragraph (2) and to Article 3 (commencing with

Section 706.050), an employer shall withhold earnings pursuant to

both a withholding order for support and another earnings withholding

order simultaneously.

(4) An employer who willfully fails to withhold and forward

support pursuant to a valid earnings withholding order for support

issued and served upon the employer pursuant to this chapter is

liable to the support obligee, as defined in Section 5214 of the

Family Code, for the amount of support not withheld, forwarded, or

otherwise paid to the support obligee.

(5) Notwithstanding any other provision of law, an employer shall

send all earnings withheld pursuant to a withholding order for

support to the levying officer or the State Disbursement Unit as

described in Section 17309 of the Family Code within the time period

specified by federal law.

(6) Once the State Disbursement Unit as described in Section 17309

of the Family Code is operational, all support payments made

pursuant to an earnings withholding order shall be made to that unit.

(7) Earnings withheld pursuant to an earnings withholding order

for support shall be credited toward satisfaction of a support

judgment as specified in Section 695.221.

706.031. (a) Nothing in this chapter affects an earnings assignment

order for support.

(b) An earnings assignment order for support shall be given

priority over any earnings withholding order. An employer upon whom

an earnings assignment order for support is served shall withhold and

pay over the earnings of the employee pursuant to the assignment

order notwithstanding the requirements of any earnings withholding

order. When an employer is required to cease withholding earnings

pursuant to an earnings withholding order, the employer shall notify

the levying officer who served the earnings withholding order that a

supervening earnings assignment order for support is in effect.

(c) Subject to subdivisions (b), (d), and (e), an employer shall

withhold earnings of an employee pursuant to both an earnings

assignment order for support and an earnings withholding order.

(d) The employer shall withhold pursuant to an earnings

withholding order only to the extent that the sum of the amount

withheld pursuant to any earnings assignment order for support and

the amount withheld pursuant to the earnings withholding order does

not exceed the amount that may be withheld under Article 3

(commencing with Section 706.050).

(e) The employer shall withhold pursuant to an earnings

withholding order for taxes only to the extent that the sum of the

amount withheld pursuant to any earnings assignment order for support

and the amount withheld pursuant to the earnings withholding order

for taxes does not exceed the amount that may be withheld under

Article 4 (commencing with Section 706.070).