The EJ-160 is California’s Earnings Withholding Order — a court form served on your employer that legally requires them to garnish your wages to pay a money judgment. If your employer has received one, withholding starts on your next paycheck unless you act.
The EJ-160 is how creditors take money directly from your paycheck after winning a lawsuit against you in California. Most people find out they have a judgment against them when their employer hands them a copy of this form. By that point, the garnishment is already in motion.
This article explains what the EJ-160 is, what your employer is required to do, how much they can take, and what options you still have. This guide covers California law specifically. If you are outside California, the process and limits are different — laws vary by state.
How the EJ-160 Gets to Your Employer
A creditor cannot garnish your wages just because you owe them money. They have to sue you first, win a judgment, and then go back to court to get a Writ of Execution (form EJ-130). They take that writ to the county sheriff. The sheriff serves your employer with the EJ-160. Only then does garnishment begin.
This means there was a lawsuit. If you never received notice of it, you may have had a default judgment entered against you without your knowledge — which is its own problem worth addressing.
What Your Employer Is Required to Do
Once your employer receives the EJ-160, they have no discretion. Under CCP § 706.022, California law requires them to begin withholding from your wages immediately. They must send the withheld amounts to the sheriff, who forwards them to the creditor. Employers who ignore an EJ-160 face personal liability for the amounts they should have withheld.
Your employer is also required to give you a copy of the EJ-160 and a form called the WG-003, which explains your rights and tells you how to claim an exemption.
How Much Can They Take?
California limits wage garnishment under CCP § 706.050. The maximum that can be withheld is the lesser of two amounts — 25% of your disposable earnings, or the amount by which your disposable earnings exceed 40 times the state minimum wage per week. Disposable earnings means what is left after legally required deductions like taxes and Social Security.
In practice, for most California workers this means somewhere between 20% and 25% of their take-home pay. For lower-wage workers, the 40x minimum wage calculation often results in a lower garnishment amount — or none at all.
Can You Stop an EJ-160?
Yes, but your options depend on your situation.
Claim a hardship exemption. If the garnishment would prevent you from providing for yourself or your family’s basic needs, you can file a Claim of Exemption on form WG-006 under CCP § 706.051. You must file it quickly — deadlines are short. Filing triggers a court hearing where you explain your financial situation to a judge. The judge can reduce or stop the garnishment entirely.
Negotiate directly with the creditor. Creditors can release or modify an earnings withholding order at any time. If you can offer a lump sum or payment arrangement, many will agree to stop the garnishment in exchange.
Bankruptcy. Filing for bankruptcy triggers an automatic stay under 11 U.S.C. § 362, which immediately stops wage garnishment. Depending on the type of bankruptcy you file and whether the underlying debt is dischargeable, the garnishment may stop permanently. If you want to understand whether bankruptcy could stop your garnishment and discharge the underlying debt, request a consult with a bankruptcy attorney before your next paycheck is withheld.
Warning: Deadlines for claiming a hardship exemption are short — typically 10 days from when you receive the WG-003. Do not wait. If you miss the deadline you lose the right to contest the garnishment amount.
How Long Does an EJ-160 Last?
An Earnings Withholding Order stays in effect until the judgment is paid in full, the creditor files a release, or a court orders it stopped. Under CCP § 683.020, California judgments are good for 10 years and can be renewed, so a creditor can keep collecting for a long time if the debt is not resolved.
What If the Judgment Was Wrong?
If you were never properly served with the original lawsuit, you may be able to file a motion to vacate the default judgment. This is a separate legal process but it is worth exploring, especially if the amount being garnished does not match any debt you recognize.
Frequently Asked Questions
Can my employer fire me because of an EJ-160?
Federal law under 15 U.S.C. § 1674 prohibits an employer from firing you because of a single wage garnishment. That protection does not extend to multiple garnishments from different creditors.
What is the difference between the EJ-160 and the EJ-130?
The EJ-130 is the Writ of Execution — the court order that authorizes collection. The EJ-160 is the Earnings Withholding Order — the specific document served on your employer to garnish wages. You need the EJ-130 first to get the EJ-160.
Does the EJ-160 affect my credit?
The garnishment itself does not appear on your credit report, but the underlying judgment does. A money judgment is a serious negative item that can remain on your credit report for years.
Can Social Security or disability be garnished?
Generally no. Federal benefits like Social Security and SSI are protected from most garnishments under federal law. However, if those funds have been deposited into a bank account they may be at risk of a bank levy — which is a separate collection tool from the EJ-160.
What if I have multiple garnishments?
California limits the total amount that can be garnished regardless of how many creditors are collecting under CCP § 706.050. The combined garnishment cannot exceed the statutory cap. However, each creditor will be paid in priority order, so later creditors may collect nothing until earlier ones are paid off.
If you are facing wage garnishment and want to understand whether bankruptcy could stop it and discharge the underlying debt, you can request a consult with a bankruptcy attorney at Lawyers for the Little Guys.