If your wages are being garnished and you never knew about the lawsuit, a default judgment may have been entered without your actual knowledge. California law provides possible ways to challenge the judgment and request protection from the garnishment, but the correct procedure and deadline depend on how service occurred and when you learned about the case.
Written by Christopher Stefan, California Attorney
This article applies to wage garnishment based on an ordinary California civil judgment involving a private creditor, such as a credit card company, debt buyer, medical provider, or landlord. Different procedures apply to taxes, child support, spousal support, and some government debts.
Need immediate help preparing the wage-garnishment forms? Law Without Lawyers provides a free California Wage Garnishment Exemption Tool that helps you prepare forms WG-006 and WG-007 through a private, browser-based questionnaire.
The Short Answer
A creditor ordinarily needs a court judgment before it can garnish wages to collect a private civil debt. A judgment may have been entered because court records showed that you were served but you did not respond.
Not knowing about the lawsuit does not automatically prove that service was legally defective. California permits personal service, substituted service, and other court-authorized methods. But if you did not receive actual notice in time to defend—or if service was never lawfully completed—you may have grounds to ask the court to set aside the default or default judgment.
A Claim of Exemption can separately ask that the wage withholding be reduced or stopped because the earnings are necessary to support you or your family. It does not, by itself, eliminate the judgment.
Is This Article for You?
This article may apply if:
- Your employer informed you that your wages will be garnished;
- You did not know that a lawsuit had been filed;
- You did not appear in the case before judgment was entered; and
- The garnishment is based on a private civil judgment.
If the garnishment comes from the IRS, California Franchise Tax Board, Employment Development Department, a child-support agency, or another government entity, different rules and remedies may apply.
How Can a Judgment Be Entered Without Your Knowledge?
A typical sequence is:
- A creditor or debt buyer files a lawsuit.
- A process server attempts to serve the summons and complaint.
- A proof of service is filed stating that service was completed.
- No response is filed by the defendant.
- The creditor requests entry of default and a default judgment.
- The creditor later obtains a Writ of Execution.
- A levying officer serves an Earnings Withholding Order on the defendant’s employer.
Sometimes service was legally completed through substituted service even though the defendant did not personally receive the papers. In other cases, the papers were delivered to an incorrect address, the statutory service requirements were not followed, or the proof of service contains inaccurate information.
First Step: Obtain the Court File
Read the garnishment papers and identify:
- The name and county of the court;
- The court case number;
- The name of the judgment creditor;
- The date judgment was entered;
- The levying officer’s name and file number; and
- The amount being withheld.
Obtain the register of actions and copies of the summons, complaint, proof of service, request for entry of default, default judgment, and any notice of entry of judgment. California does not have one statewide civil-case portal covering every superior court, so request the records from the court identified on your papers.
Compare the proof of service with where you actually lived or worked on the stated date and with the people who lived or worked there.
Option One: Request a Wage-Garnishment Exemption
If the withholding prevents you from paying necessary living expenses, you may request an exemption using:
- WG-006 Claim of Exemption; and
- WG-007 Financial Statement.
Submit the forms to the levying officer identified on the garnishment papers, ordinarily the county sheriff. Do not file the WG-006 directly with the court clerk.
The official instructions say to submit the claim as soon as possible for the greatest protection. A claim may generally be submitted after withholding begins, but delaying can affect earnings that have already been withheld or released.
The levying officer sends the claim to the creditor. If the creditor does not oppose it, the withholding may be stopped or reduced without a hearing. If the creditor opposes it, the court will schedule a hearing.
Important: A Claim of Exemption addresses the wage withholding. It does not vacate the judgment or decide whether you were properly served.
Use the Free California Wage Garnishment Exemption Tool to prepare the WG-006 and WG-007.
Option Two: Ask the Court to Set Aside the Default Judgment
Several different laws may provide relief from a default or default judgment. The correct ground depends on the facts. These procedures are not interchangeable.
CCP § 473(b): Mistake, Inadvertence, Surprise, or Excusable Neglect
Code of Civil Procedure section 473(b) permits relief based on mistake, inadvertence, surprise, or excusable neglect. A request for discretionary relief must be made within a reasonable time and is generally subject to a six-month outside limit.
Do not assume that section 473(b) applies merely because you first learned about the case recently. The date of the default or judgment and the specific relief requested matter.
CCP § 473.5: No Actual Notice in Time to Defend
Section 473.5 may apply when service of the summons did not result in actual notice in time to defend and the lack of notice was not caused by avoidance of service or inexcusable neglect.
The motion must be filed within a reasonable time and no later than the earlier of:
- Two years after entry of the default judgment; or
- 180 days after service of written notice that the default or default judgment was entered.
The 180-day period under section 473.5 is tied to service of written notice of the default or default judgment—not simply the day you happened to discover the garnishment.
The motion must ordinarily include a sworn statement explaining the lack of actual notice and a copy of the answer, motion, or other pleading you propose to file if the judgment is set aside.
Special Rule for Certain Debt-Buyer Judgments
California Civil Code section 1788.61 may provide a separate remedy when a debt buyer obtained the default or default judgment and the defendant did not receive actual notice in time to defend.
This provision can allow more time than section 473.5 in qualifying debt-buyer cases. Its outside limits and requirements differ, including rules tied to the first actual notice of the action. Confirm that the plaintiff legally qualifies as a debt buyer before relying on this statute.
CCP § 473(d): A Void Judgment
Section 473(d) allows a court to set aside a judgment that is void. This may apply when service was not lawfully completed and the court therefore never acquired personal jurisdiction over the defendant.
A postjudgment challenge is not automatically handled through a motion to quash service. Depending on the procedural posture, the appropriate request may be a motion to set aside a void judgment under section 473(d) or another recognized form of relief.
Rules concerning timing differ depending on whether the judgment is void on the face of the court record or requires evidence outside that record. Act promptly and do not assume that every jurisdictional challenge has no deadline.
What Evidence May Help?
Relevant evidence may include:
- The proof of service filed in the case;
- A lease or utility records showing where you lived;
- Employment records showing where you worked;
- Travel, medical, or other records showing where you were on the alleged service date;
- Information about the person described in the proof of service;
- A declaration explaining when and how you first learned about the case;
- The envelope or notice that first informed you of the judgment; and
- Evidence that you acted promptly after learning about it.
An incorrect address or a description that does not match anyone at the location can be important evidence. It does not automatically establish that every permitted method of service failed, so the complete court record should be reviewed.
What Happens If the Judgment Is Set Aside?
If the court sets aside the default judgment:
- The creditor ordinarily loses the judgment supporting the garnishment;
- Additional steps may be required to recall or quash the writ and notify the levying officer and employer;
- The underlying lawsuit may resume;
- The plaintiff may attempt to complete valid service if service was previously defective; and
- You will have an opportunity to respond and assert available defenses.
Setting aside the judgment does not necessarily erase the alleged debt or end the lawsuit. It restores the opportunity to defend the case.
Important Deadlines
- WG-006 Claim of Exemption: Submit it as soon as possible for maximum protection. A later claim may not recover money already released.
- CCP § 473(b): Must be filed within a reasonable time and is generally subject to a six-month outside limit.
- CCP § 473.5: Within a reasonable time and no later than the earlier of two years after the default judgment or 180 days after service of written notice of its entry.
- Debt-buyer cases: Civil Code section 1788.61 has different requirements and potentially different outside limits.
- Void judgment: Timing depends on the basis for asserting that the judgment is void. Act promptly.
Do not calculate a deadline from a general article alone. Obtain the docket and relevant documents and identify when the default, judgment, and written notices were entered or served.
Frequently Asked Questions
Can wages be garnished if I never personally received the lawsuit?
Possibly. California recognizes methods of service other than personal delivery. The question is whether service was legally completed and whether another basis exists to set aside the judgment.
Does receiving a garnishment prove that I was properly served?
No. It ordinarily means that a judgment exists and the creditor obtained an Earnings Withholding Order. Review the proof of service to determine what method and address were used.
Does filing a Claim of Exemption challenge service?
No. The exemption addresses whether wages are needed for support. Challenging the default judgment requires a separate request to the court.
Is the section 473.5 deadline always 180 days after discovering the case?
No. Section 473.5 refers to 180 days after service of written notice that the default or default judgment was entered, subject to the statute’s two-year outside limit and reasonable-time requirement. A different rule may apply in a qualifying debt-buyer case.
Should I file a motion to quash after judgment?
Not automatically. Once a default judgment has been entered, the proper procedure may instead be a motion to set aside the default judgment under section 473(b), 473.5, 473(d), Civil Code section 1788.61, or another available ground.
What is “sewer service”?
“Sewer service” is a term used for deliberately false claims that legal papers were served when they were not. A discrepancy in a proof of service does not by itself establish intentional misconduct. Obtain the record and preserve evidence showing where you lived, worked, or were located at the stated time.
The Bottom Line
If your wages are being garnished on a judgment you did not know existed, there may be two separate problems:
- Protecting the earnings you need now through a Claim of Exemption; and
- Determining whether legal grounds exist to set aside the default judgment.
Act promptly, obtain the court file, and use the correct procedure for each issue.
Prepare the wage-garnishment forms for free: Use Law Without Lawyers’ Free California Wage Garnishment Exemption Tool to prepare the WG-006 and WG-007 through a private questionnaire that operates in your browser.
This article provides general educational information and is not legal advice. Laws, forms, and procedures change. Review the current court record, Judicial Council forms, and applicable statutes before filing anything.