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§ 706.108.Issuance of Order By Registered Process Server

Title 9. Enforcement of Judgments · Division 2 · Chapter 5. Wage Garnishment · Article 5. Procedure for Earnings Withholding Orders and Exemption Claims · Last amended 2017 · Last verified July 28, 2026

In one sentenceSection 706.108 lets a judgment creditor use a registered process server, instead of a levying officer, to issue and serve an earnings withholding order, provided the process server deposits the writ, application, order, and required fee with the levying officer and completes proof-of-service filings within five court days.

Full Text of § 706.108

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) If a writ of execution has been issued to the county where the judgment debtor's employer is to be served and the time specified in subdivision (b) of Section 699.530 for levy on property under the writ has not expired, a judgment creditor may deliver an application for issuance of an earnings withholding order to a registered process server who may then issue an earnings withholding order.
(b) If the registered process server has issued the earnings withholding order, the registered process server, before serving the earnings withholding order, shall cause to be deposited with the levying officer a copy of the writ of execution, the application for issuance of an earnings withholding order, a copy of the earnings withholding order, and the fee, as provided by Section 26750 of the Government Code.
(c) A registered process server may serve an earnings withholding order on an employer whether the earnings withholding order was issued by a levying officer or by a registered process server, but no earnings withholding order may be served after the time specified in subdivision (b) of Section 699.530. In performing this function, the registered process server shall serve upon the designated employer all of the following:
(1) The original and one copy of the earnings withholding order.
(2) The form for the employer's return.
(3) The notice to the employee of the earnings withholding order.
(4) A copy of the form that the judgment debtor may use to make a claim of exemption.
(5) A copy of the form the judgment debtor may use to provide a financial statement.
(6) A copy of the employer's instructions referred to in Section 706.127, except as otherwise prescribed in rules adopted by the Judicial Council.
(d) Within five court days after service under this section, all of the following shall be filed with the levying officer:
(1) The writ of execution, if it is not already in the hands of the levying officer.
(2) Proof of service on the employer of the papers listed in subdivision (c).
(3) Instructions in writing, as required by the provisions of Section 687.010.
(e) If the fee provided by Section 26750 of the Government Code has been paid, the levying officer shall perform all other duties required by this chapter as if the levying officer had served the earnings withholding order. If the registered process server does not comply with subdivisions (b), where applicable, and (d), the service of the earnings withholding order is ineffective and the levying officer shall not be required to perform any duties under the order, and may terminate the order and release any withheld earnings to the judgment debtor.
(f) The fee for services of a registered process server under this section is a recoverable cost pursuant to Section 1033.5.
End

Plain-English Summary

This section offers an alternative path to § 706.102's levying-officer route. A creditor with a writ of execution still in its levy window can hand the application straight to a registered process server, who issues the order without waiting on the levying officer's office.

That shortcut comes with paperwork of its own. Before serving the order, the process server must deposit with the levying officer a copy of the writ, the application, a copy of the order, and the statutory fee under Government Code § 26750. Serving the employer requires the same packet of documents, order, return form, employee notice, exemption and financial-statement forms, and the employer's instructions, that § 706.103 requires of a levying officer. And within five court days after service, the process server must file the writ, proof of service, and written instructions with the levying officer.

If the process server skips any of those steps, the consequences fall on the creditor's side: the service becomes ineffective, the levying officer owes no duties under the order, and the levying officer can terminate it and release any withheld earnings back to the debtor. Get it right, though, and the levying officer treats the order exactly as if it had served it directly, and the process server's fee counts as a recoverable cost under § 1033.5.

Frequently Asked Questions

Can a creditor use someone other than a levying officer to issue a wage garnishment order?

Yes. Section 706.108 lets a registered process server issue and serve the earnings withholding order in place of a levying officer.

What must the process server do before serving the order on the employer?

Deposit a copy of the writ of execution, the application, a copy of the order, and the statutory fee with the levying officer.

What happens if the process server doesn't file the required paperwork afterward?

The service becomes ineffective, the levying officer has no duty to act on the order, and the levying officer may terminate it and release any withheld earnings to the debtor.

Can the creditor recover the process server's fee as a cost?

Yes, § 706.108(f) makes that fee a recoverable cost under § 1033.5.

Amendment History

Amended by Stats 2016 ch 102 (AB 2211),s 3, eff. 1/1/2017. Amended by Stats 2013 ch 64 (SB 233),s 7, eff. 1/1/2014. Amended by Stats 2009 ch 54 (SB 544),s 6, eff. 1/1/2010. Amended by Stats 2002 ch 197 (AB 2493),s 4, eff. 1/1/2003.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
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