BILL NUMBER: AB 2929 CHAPTERED 09/26/02 CHAPTER 890 FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2002 APPROVED BY GOVERNOR SEPTEMBER 25, 2002 PASSED THE ASSEMBLY AUGUST 15, 2002 PASSED THE SENATE AUGUST 12, 2002 AMENDED IN SENATE JUNE 19, 2002 INTRODUCED BY Assembly Member Kehoe FEBRUARY 25, 2002 An act to amend Section 706.101 of the Code of Civil Procedure, relating to wage garnishment. LEGISLATIVE COUNSEL'S DIGEST AB 2929, Kehoe. Wage garnishment: unemployment compensation and disability overpayments. Existing law provides a procedure for the state to follow to collect overpayments of unemployment compensation or disability benefits made to a person. Existing law requires the Director of Employment Development to enforce collection of any judgment seeking recovery of these overpayments. Existing law provides that the levy of execution upon the earnings of an employee to satisfy a debt is to be made by service of an earnings withholding order upon the employer of the employee. This bill would authorize the state to issue an earnings withholding order directly, without the use of a levying officer, for purposes of collecting overpayments of unemployment compensation or disability benefits made to a person. The bill would require the earnings withholding order to be served by registered or certified mail, postage prepaid, with return receipt requested and would provide that service is deemed complete at the time the return receipt is executed by, or on behalf of, the recipient. The bill would provide for alternative enforcement of the earnings withholding order if the return receipt is not received. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 706.101 of the Code of Civil Procedure is amended to read: 706.101. (a) An earnings withholding order shall be served by the levying officer upon the employer by delivery of the order to any of the following: (1) The managing agent or person in charge, at the time of service, of the branch or office where the employee works or the office from which the employee is paid. In the case of a state employee, the office from which the employee is paid does not include the Controller's office unless the employee works directly for the Controller's office. (2) Any person to whom a copy of the summons and of the complaint may be delivered to make service on the employer under Article 4 (commencing with Section 416.10) of Chapter 4 of Title 5. (b) Service of an earnings withholding order shall be made by personal delivery as provided in Section 415.10 or 415.20 or by delivery by registered or certified mail, postage prepaid, with return receipt requested. When service is made by mail, service is complete at the time the return receipt is executed by or on behalf of the recipient. If the levying officer attempts service by mail under this subdivision and does not receive a return receipt within 15 days from the date of deposit in the mail of the earnings withholding order, the levying officer shall make service as provided in Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5. (c) The state may issue an earnings withholding order directly, without the use of a levying officer, for purposes of collecting overpayments of unemployment compensation or disability benefits pursuant to Article 4 (commencing with Section 1375) of Chapter 5 of Part 1 of, and Article 5 (commencing with Section 2735) of Chapter 2 of Part 2 of, Division 1 of the Unemployment Insurance Code. The earnings withholding order shall be served by registered or certified mail, postage prepaid, with return receipt requested. Service is deemed complete at the time the return receipt is executed by, or on behalf of, the recipient. If the state does not receive a return receipt within 15 days from the date of deposit in the mail of the withholding order, the state shall refer the earnings withholding order to a levying officer for service in accordance with subdivision (b). (d) Except as provided in subdivision (b) or (c), service of any notice or document under this chapter may be made by first-class mail, postage prepaid. If service is made on the employer after the employer's return has been received by the levying officer, the service shall be made by first-class mail, postage prepaid, on the person designated in the employer's return to receive notices and at the address indicated in the employer's return, whether or not that address is within the county. This subdivision does not preclude service by personal delivery (1) on the employer before the employer' s return has been received by the levying officer or (2) on the person designated in the employer's return after its receipt. (e) Notwithstanding subdivision (b), if the judgment creditor so requests, the levying officer shall make service of the earnings withholding order by personal delivery as provided in Section 415.10 or 415.20.