The California WG-006 Claim of Exemption is the form you file to ask the levying officer handling your wage garnishment to reduce or stop the withholding because you need the money for basic living expenses. You submit it together with Form WG-007, a sworn financial statement, and both go to the sheriff, marshal, or constable named on the Earnings Withholding Order — not to the court and not to the creditor. If the creditor does not oppose your claim within ten days, the garnishment is automatically reduced or terminated to match what you asked for. If the creditor opposes, a judge decides at a hearing.
Who Can File
Any judgment debtor whose wages are being garnished under an Earnings Withholding Order can file a Claim of Exemption, as long as no prior hearing has been held on the same order. If there has been a hearing, you can file again only if your financial circumstances have materially changed since then.
There is no statutory deadline for you to file. The ten-day clock in the paperwork is the creditor’s window to oppose, not yours. But every pay period that passes before you file is money already withheld that you probably will not get back unless a judge later orders its return. File as soon as the garnishment is preventing you from meeting basic needs.
The hardship exemption under Code of Civil Procedure Section 706.051 does not apply to every wage garnishment. It cannot be used if the debt is for:
- Court-ordered attorney’s fees in a family law case (Family Code Sections 2030, 3121, or 3557)
- Wages owed to your own employee
- A child or spousal support withholding order
- A state tax withholding order from the Franchise Tax Board
If your garnishment is for one of these debts, a WG-006 filed on hardship grounds will be rejected.
Filling Out the WG-006
Download Form WG-006 from courts.ca.gov. The form itself is short. The work is in the WG-007 attached to it.
At the top, enter the name and address of the judgment creditor (the party collecting) and the judgment debtor (you). Both names appear on the Earnings Withholding Order your employer received. Copy the levying officer’s file number from that same order; it is the reference the sheriff’s office uses to track your case.
The form asks whether you are claiming that all of your earnings are exempt or only a portion. If you are asking for a reduction rather than a complete stop, state the dollar amount you believe should be protected. Base that figure on the gap between your household income and your necessary monthly expenses as shown on the WG-007.
Sign and date the form. Your signature is a sworn declaration. Knowingly false statements on a sworn court filing are perjury under Penal Code Section 118.
Filling Out the WG-007 Financial Statement
The WG-007 (also numbered EJ-165) is where you lay out your full household financial picture. Judges and creditors read this form closely. Round numbers and vague estimates invite challenges, so pull actual figures from pay stubs, bills, and bank statements.
The form is organized into numbered items:
- Item 1, Dependents: Every person who depends on you or your spouse for support, with name, age, and relationship. This sets the household size the judge weighs your expenses against.
- Item 2, Income: Gross monthly pay, then itemized payroll deductions (federal and state withholding, FICA, SDI) to arrive at monthly take-home pay. Add any other monthly income from benefits, retirement distributions, or side work.
- Item 3, Property: Cash on hand, bank and credit union accounts, vehicle equity, real estate equity, and other personal property such as jewelry or investment accounts. Omitting assets the creditor later finds will destroy your credibility.
- Item 4, Monthly expenses: Rent or mortgage, food and household supplies, utilities and telephone, clothing, medical and dental payments, insurance, childcare and school costs, prior child or spousal support obligations, transportation, installment payments, laundry, entertainment, and a catch-all “other” line.
- Item 5, Debts: Outstanding debts with monthly payment amounts, balances owed, and who is owed each debt.
- Item 6, Other supporting facts: Anything unusual — a recent medical emergency, special-needs care for a family member, or other circumstances that make the standard garnishment unworkable. Do not leave this blank. Concrete detail here is often what tips a judge in your favor.
If you are married, your spouse must also sign the WG-007 unless you and your spouse are living separately. If your spouse does not sign, check the box on the form explaining why.
Where to File
File the original and one copy of both the WG-006 and WG-007 with the levying officer whose name and address appear on the Earnings Withholding Order your employer received. Do not send the forms to the court. Do not send them to the creditor. Filing with the wrong office can delay or invalidate your claim.
You can deliver the documents in person or by mail. If you mail them, use certified mail with return receipt requested so you have proof of the date the levying officer received your paperwork. Keep copies of everything you send.
What Happens After You File
Once the levying officer has your claim, the officer mails the creditor a copy of your WG-006, a copy of your WG-007, and a notice stating that the Earnings Withholding Order will be terminated or reduced to match your claim unless the creditor files opposition within ten days.
If the creditor does not respond within that window, the levying officer acts on your claim without a hearing. A claim that all your earnings are exempt results in the Earnings Withholding Order being terminated entirely. A claim for a partial exemption results in a modified order to your employer at the reduced withholding amount.
This is one of the strongest reasons to file even when you are unsure a judge would agree with every line on your WG-007. Many creditors, particularly debt buyers and collection agencies, do not bother to oppose.
If the Creditor Opposes
A creditor who wants to fight your claim files a Notice of Opposition to Claim of Exemption (Form WG-009) with the levying officer within ten days after the notice of claim was mailed, along with a notice of motion in the court requesting a hearing. The opposition has to state which of your expenses the creditor considers unnecessary.
The hearing must take place no later than 30 days after the motion is filed, unless the court grants a continuance. You will receive a Notice of Hearing on Claim of Exemption (Form WG-010) in the mail with the date, time, and location. Show up. If you do not appear, the judge will almost certainly deny your exemption and let the garnishment continue at its original rate.
Preparing for the Hearing
Bring documents that back up every number on your WG-007: recent pay stubs, bank statements, rent or mortgage statements, utility bills, medical bills, insurance premium notices, and receipts for recurring expenses. The judge is comparing your necessary expenses against your income to decide whether the garnishment leaves you unable to maintain a basic standard of living.
Creditors most often attack claims by arguing that specific expenses are inflated or unnecessary. Entertainment, dining out, and subscription services are easy targets. If your budget includes these, be ready to explain why they are reasonable for your household. A creditor may also question whether other household members could contribute more income.
The Judge’s Order
After hearing both sides, the judge issues an order stating the exact amount that can be withheld from each future paycheck. The order may match your request, split the difference, or deny the exemption. If the court finds that money already withheld should have been exempt, it can order the levying officer or creditor to return it to you.
Filing Again After a Change in Circumstances
A denied claim is not necessarily the end. If your finances change materially after a hearing — you lose a second income, take on a new dependent, face unexpected medical bills — you can file a new WG-006 and WG-007 based on the updated facts. The statute allows a second claim when there has been a material change in circumstances since the last hearing.
The process is the same: file with the levying officer, the creditor gets ten days to oppose, and a new hearing is scheduled if the creditor objects. Document what changed and why the current garnishment amount is no longer sustainable.