§ 706.126.Employer's Return

Title 9. Enforcement of Judgments · Division 2 · Chapter 5. Wage Garnishment · Article 6. Forms; Employer's Instructions · Last amended 2026 · Last verified July 28, 2026

In one sentenceSection 706.126 requires the employer's return to be sworn and to report the levying officer's address, the mailing deadline, the debtor's identifying information, whether the debtor is still employed, recent pay-period data, and details of any earlier withholding or support-assignment orders already in effect.

Full Text of § 706.126

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(a) The "employer's return" shall be executed under oath. The form for the return provided to the employer shall state all of the following information:

(1) The name and address of the levying officer to whom the form is to be returned.

(2) A direction that the form be mailed to the levying officer by first-class mail, postage prepaid, no later than 15 days after the date of service of the earnings withholding order.

(3) The name, the address, and, if known, the social security number of the judgment debtor.

(b) In addition, the employer's return form shall require the employer to supply all of the following information:

(1) The date the earnings withholding order was served on the employer.

(2) Whether the judgment debtor is employed by the employer or whether the employer otherwise owes earnings to the employee.

(3) If the judgment debtor is employed by the employer or the employer otherwise owes earnings to the employee, the amount of the employee's earnings for the last pay period and the length of this pay period.

(4) Whether the employer was required on the date of service to comply with an earlier earnings withholding order and, if so, the name of the judgment creditor who secured the earlier order, the levying officer who served such order, the date it was issued, the date it was served, the expiration date of such order, and which of the earnings withholding orders the employer is required to comply with under the applicable statutory rules concerning the priority of such orders.

(5) Whether the employer was required on the date of service to comply with an earnings assignment order for support and, if so, the court which issued such assignment order and the date it was issued and any other information the Judicial Council determines is needed to identify the order.

(6) The name and address of the person to whom notices to the employer are to be sent.

(7) The date on which the employer provided the employee a copy of the earnings withholding order and the notice of earnings withholding order, the name and title of the person who provided the order and notice, and a short description of the manner in which the order and notice were provided.

End

Plain-English Summary

The employer's return is how the system finds out what happened after service. It has to be sworn, and it must repeat back the basics, where to mail it, the 15-day deadline, and the debtor's identifying information, so nothing gets lost between forms.

Beyond that, the return requires real substance: the date of service, whether the debtor still works there or is otherwise owed earnings, and, if so, the amount and length of the last pay period. If an earlier earnings withholding order or a support-related earnings assignment order already reached this debtor's wages, the return has to identify it: who obtained it, who served it, when it issued and was served, when it expires, and which order the employer is complying with under the priority rules that govern competing orders.

The return also has to name who should receive future notices, and, since a 2025 amendment, state when and how the employer delivered the order and notice to the employee, closing a gap that let compliance with § 706.104's delivery duty go unverified.

Frequently Asked Questions

What does the employer's return have to say about the debtor's employment status?

Whether the debtor is currently employed there or otherwise owed earnings, and, if so, the amount and length of the debtor's most recent pay period.

Does the return have to disclose earlier garnishment orders against the same employee?

Yes. If an earlier earnings withholding order or a support-related earnings assignment order already affects the debtor's wages, the return must identify it and state which order the employer is complying with.

Does the employer have to confirm it notified the employee?

Yes. The return must state the date, the name of the person who delivered the order and notice to the employee, and how they were provided.

Amendment History

Amended by Stats 2025 ch 708 (AB 774),s 9, eff. 1/1/2026. Amended by Stats. 1992, Ch. 163, Sec. 50. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.

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

Also known as: employer's return form wage garnishment california