Civil Process Server Types and Fees
Earnings Withholding Order
Court
Document
Required
 Original Writ of Execution (Money Judgment) (form EJ-130) plus one copy

Application for Earnings Withholding Order (form 982.5(1))

Application for Issuance of Writ of Execution (support writ only)
Purpose of
Process
 The employer is required to remit up to 25% of the debtor’s wages to the Process Server
for payment to the creditor. If the writ of execution is for support, the amount withheld is
50%.
Process
Server's
Instructions
 None. The Application for Earnings Withholding Order is required instead.
Manner of
Service
 The Process Server will serve the Earnings Withholding Order by certified mail unless the
Application For Earnings Withholding Order specifies personal service. If the certified mail
receipt is not received from the employer within 15 days after mailing, the Process Server
will attempt personal service. The vast majority of withholding orders are successfully
served by mail.
Time for Service
 The Earnings Withholding Order remains in effect for 10 years and must be served no later than 180
days after the issuance of the Writ of Execution. If for support, the withholding order remains in effect
until it is paid in full.
Fee Deposit
 $34.99 to start.
Fee
 $34.99 to start if served, not found or canceled.
Proof of
Service
 A proof of service is not issued. Instead, a return detailing the Process
Server’s actions is prepared which accompanies the writ when it is returned to the court.
However, a copy of the Employer’s Return is mailed to the creditor upon receipt by the
Process Server.
Information Guide

An Earnings Withholding Order (wage garnishment) requires an employer to withhold and remit up to 25%
of the debtor’s disposable earnings (net income) to the Process Server for payment to the creditor. The
withholding amount is 50% if the writ is for spousal or child support. The Earnings Withholding Order
remains in effect for 10 years or indefinitely (if for support) until the judgment is paid, the debtor ceases to
work for that employer, a higher priority Earnings Withholding Order takes effect (such as an Earnings
Withholding Order for child support) or the Order is terminated by operation of law (court order or failure to
file Opposition to Claim of Exemption.) If the earnings withholding order is not for spousal or child support,
the debtor may file a claim of exemption with the Process Server in an attempt to terminate the wage
garnishment or to reduce the withholding amount. The Process Server will mail a copy of any claim of
exemption and instructions on how to oppose the claim to the creditor. The wages of a spouse not listed as
a debtor on the writ of execution may only be garnished pursuant to a court order.

An Earnings Withholding Order should be used to levy on monies earned by the debtor for personal services
rendered (whether called wages, salary, commissions, bonuses, or anything else.)

The Earnings Withholding Order includes a warning to the employer stating, "It is illegal not to pay amounts
withheld for the Earnings Withholding Order to the levying officer. Your duty is to pay the money to the
levying officer who will pay the money in accordance with the laws that apply to this case. If you violate any
of these laws, you may be held liable to pay civil damages and you may be subject to criminal prosecution."
The Process Server’s responsibilities are limited to serving the earnings withholding order and receiving and
disbursing collected monies. The Process Server cannot call or otherwise attempt to compel an employer to
comply with the wage garnishment. CCP 708.21 et seq. provides for a creditor’s lawsuit. CCP 708.120
provides for an order to examine the records of the employer.
Checklist

  • fee deposit of $34.99
  • original Writ of Execution (Money Judgment)
  • original Application for Earnings Withholding order
  • copy of Application for Issuance of Writ of Execution
    (support writ only)
  • submit to the Process Server no later than 160 days
    after issuance of the Writ of Execution


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for  process server service within
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