BILL NUMBER: AB 233	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wieckowski

                        FEBRUARY 5, 2013

   An act to add Section 706.035 to the Code of Civil Procedure,
relating to wage garnishment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 233, as introduced, Wieckowski. Wage garnishment: exempt
earnings.
   The Wage Garnishment Law prescribes the procedure for withholding
an employee's earnings for purposes of paying a debt. The law
requires that a levy of execution upon the earnings of an employee be
made by service of an earnings withholding order upon the employer.
An earnings withholding order is issued by a levying officer upon
receiving an application submitted by a judgment creditor, as
specified. An employer is required, except as otherwise provided by
statute, to withhold the amounts required by an earnings withholding
order from all earnings of the employee payable for any pay period of
the employee which ends during the withholding period.
   This bill would prohibit the issuance of an earnings withholding
order for purposes of collecting debt on a student loan that is not
made, insured, or guaranteed by the United State Government pursuant
to the Federal Family Education Loan Program or the William D. Ford
Federal Direct Loan Program.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 706.035 is added to the Code of Civil
Procedure, to read:
   706.035.  An earnings withholding order shall not be issued
pursuant to this chapter for purposes of collecting debt on a student
loan that is not made, insured, or guaranteed by the United State
Government pursuant to the Federal Family Education Loan Program (20
U.S.C. Sec. 1071 et seq.) or the William D. Ford Federal Direct Loan
Program (34 C.F.R. 685.100).