Bill Text: CA AB233 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Wage garnishment: restrictions: student loans.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-08-28 - Read third time. Refused passage. (Ayes 13. Noes 17. Page 4953.). [AB233 Detail]

Download: California-2013-AB233-Amended.html

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BILL NUMBER: AB 233	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member Wieckowski

                        FEBRUARY 5, 2013

   An act to add Section  706.035   706.053
 to the Code of Civil Procedure, relating to wage garnishment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 233, as amended, Wieckowski. Wage garnishment:  exempt
earnings   restrictions: student loans  .
   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  
provide that an earnings withholding order shall not be used for
purposes of enforcing a judgment for the collection of debt that is
from  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.
 The bill would require a court to terminate an earnings
withholding order upon proof by a judgment debtor that it was issued
in violation of these provisions. 
   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 706.053 is added to the 
 Code of Civil Procedure   ,  immediately after
Section 706.052  , to read:  
   706.053.  An earnings withholding order shall not be used for
purposes of enforcing a judgment for the collection of debt that the
judgment debtor proves is from a student loan that is not made,
insured, or guaranteed by the United States 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). A court shall terminate an earnings withholding order upon
proof by the judgment debtor that the earnings withholding order
enforces a judgment in violation of this section.  
  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).