How to Claim a Wage Garnishment Exemption Without a Lawyer (California, Florida, and Montana)

Savage Lex Team · 2026-08-10

How to Claim a Wage Garnishment Exemption Without a Lawyer (California, Florida, and Montana)

If your paycheck is being garnished, don't start by arguing with payroll. Start with the notice, the deadline, and the exemption form. In California, the claim usually goes to the levying officer. In Florida, the claim goes to the clerk, with copies served on the other listed parties, often within 20 days after you receive the notice. In Montana, state law limits how much of your disposable earnings can be taken, and the exempt portion is protected from execution.

General legal information, not legal advice. Rules vary by jurisdiction and can change.

Exempt money can't be taken

A wage garnishment is a collection tool. A creditor has a judgment or other order and uses it to make your employer send part of your pay to the sheriff, clerk, levying officer, or creditor.

An exemption is your legal claim that some or all of that money is protected. Sometimes the protection comes from federal law. Sometimes your state gives you more protection. Sometimes the reason is practical: you need the wages to support yourself or your family.

The federal Consumer Credit Protection Act sets a national floor for ordinary wage garnishments. The U.S. Department of Labor says ordinary garnishment generally can't exceed the lesser of 25% of disposable earnings or the amount by which disposable earnings exceed 30 times the federal minimum wage. The same DOL fact sheet says an employee is protected from being fired because wages are garnished for one debt.

Quick comparison

| State | Main protection | Where the claim goes | Watch for |

| --- | --- | --- | --- |

| California | Garnishment cap plus a claim if you need wages for basic support | The levying officer listed on the Earnings Withholding Order | Creditor can oppose, which triggers a hearing |

| Florida | Head-of-family wages may be exempt | Clerk's office, with copies to plaintiff and garnishee | The statutory notice says file within 20 days after receiving it or you may lose rights |

| Montana | Ordinary garnishment capped at the lesser of 25% of disposable earnings or the amount over 30 times federal minimum wage | Check the writ and court instructions | Support orders can use higher percentages |

California: use WG-006

California Courts says if wage garnishment keeps you from paying basic family needs, you can file a Claim of Exemption to ask for the garnishment to be reduced. The main form is WG-006, Claim of Exemption (Wage Garnishment). The form tells you to read WG-003, Employee Instructions, first. If you're claiming you need all or part of your earnings for support, you may also need EJ-165/WG-007, Financial Statement.

California's wage cap is in Code of Civil Procedure section 706.050. For a weekly pay period, the maximum under an earnings withholding order is the lesser of 20% of disposable earnings or 40% of the amount by which disposable earnings exceed 48 times the applicable minimum hourly wage. If your local minimum wage is higher than the state minimum wage, the local wage is used.

Here's the clean move: find the levying officer on the Earnings Withholding Order, fill out WG-006, attach the financial statement if needed, keep a copy, and send the original plus required copy to the levying officer. Don't assume you file it directly with the court. California's self-help page points you to the levying officer, usually the sheriff.

Florida: head of family status matters

Florida has strong wage protection for people supporting dependents. Florida Statutes section 222.11 defines “head of family” as someone providing more than half the support for a child or other dependent. It says all disposable earnings of a head of family are exempt if disposable earnings are $750 or less per week. If disposable earnings are more than $750 per week, they still can't be garnished unless the person agreed otherwise in writing.

But you still have to respond. Florida Statutes section 77.041 gives the claim process. The statutory notice says that if an exemption applies and you want to keep or recover wages, money, or property, you must complete the Claim of Exemption and Request for Hearing, have it notarized, file it with the clerk within 20 days after receiving the notice, and mail or deliver copies to the plaintiff or plaintiff's attorney and the garnishee or garnishee's attorney.

If the plaintiff objects, the court sets a hearing. If the plaintiff doesn't object within the statutory window, section 77.041 says no hearing is required and the clerk must automatically dissolve the writ.

Montana: check the math and the type of debt

Montana State Courts says an execution can reach wages, but exemptions protect certain property and percentages needed for support and necessities of life.

Montana Code Annotated section 25-13-614 handles wage garnishment limits. For ordinary judgment debts, the maximum part of disposable earnings that may be garnished for a workweek is the lesser of the amount over 30 times the federal minimum hourly wage or 25% of disposable earnings. The statute says earnings not subject to garnishment under that section are exempt.

Support orders are different. Montana allows higher withholding percentages for maintenance or support orders, generally 50% or 60%, depending on whether the debtor supports another spouse or dependent child. Those can rise to 55% or 65% for certain older arrears.

So don't assume every garnishment uses the same limit. Identify the debt first. ## What to do before your next paycheck

Read the packet. Find the court name, case number, creditor, garnishee, writ, notice, claim form, deadline, and filing instructions.

Calculate disposable earnings from your pay stub. Don't guess. Then gather proof: pay stubs, rent or mortgage records, utilities, childcare, medical costs, bank statements, dependent support, and anything showing what your household needs to survive.

File or deliver the claim where the official instructions say it goes. California points you to the levying officer. Florida points you to the clerk and requires service on the listed parties. Montana depends on the writ and court procedure, but the statutory limits still matter.

FAQ

Can I stop garnishment by calling the creditor?

Sometimes a creditor will agree to a payment plan, but a phone call usually doesn't stop a court order. Get any deal in writing and make sure the levying officer, clerk, sheriff, or employer gets the right paperwork.

What if money already came out?

File fast anyway. California Courts says extra money garnished after you filed the claim can be returned if you win. Florida's statutory notice says the process can recover wages, money, or property already taken when a valid exemption applies.

What if this is child support?

Be careful. Child support and maintenance orders often have different limits. You may need to go back to the family court that issued the support order.

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