Skip to main content
File #: 25-027    Version: 1
Type: Rule/Form Proposal Status: Passed
File created: 12/9/2024 In control: Judicial Council
On agenda: 2/21/2025 Final action: 2/21/2025
Title: Rules and Forms | Calculation of Earnings Withholding Period (Action Required)
Attachments: 1. 20250221-25-027 - updated 20250123

Title

Title

Rules and Forms | Calculation of Earnings Withholding Period (Action Required)

body

Summary

Summary

Assembly Bill 2837 (Stats. 2024, ch. 514), enacted September 24, 2024, created an address verification requirement for service by the levying officer of documents related to enforcement of a judgment for personal debt and changed the start of the withholding period for an earnings withholding order. Judicial Council staff recommend revising five Judicial Council forms to implement the bill. The forms will be circulated for post-approval public comment as part of a larger proposal to implement AB 2837. The current changes are needed to ensure that the forms are not stating incorrect law in the meantime.

body

Recommendation

Recommendation

Judicial Council staff recommend that the Judicial Council, effective February 22, 2025:

1.                     Revise Special Instructions for Writs and Levies--Attachment (form SER-001A) to add an item explaining AB 2837’s address verification requirement; and

2.                     Revise the following forms to reflect the change made by AB 2837 to the start of the withholding period for an earnings withholding order and to make technical corrections:

                     Earnings Withholding Order (form WG-002);

                     Earnings Withholding Order for Support (form WG-004);

                     Earnings Withholding Order for Taxes (form WG-022); and

 

                     Earnings Withholding Order for Elder or Dependent Adult Financial Abuse (form WG-030).

 

body