Judge: Armen Tamzarian, Case: BC513624, Date: 2025-02-13 Tentative Ruling

Case Number: BC513624    Hearing Date: February 13, 2025    Dept: 52

Tentative Ruling:

Hearing on Judgment Debtor Angel Ortiz’s Claim of Exemption

Judgment debtor Angel Ortiz filed a claim of exemption from wage garnishment.  Judgment creditors Jose Rios and Blanca Rios filed an opposition to the claim.  The court therefore holds this hearing under Code of Civil Procedure section 706.105.

Code of Civil Procedure section 706.050(a) provides that the maximum amount of earnings subject to garnishment is “[t]wenty percent of the individual’s disposable earnings.”  Section 706.051(b) provides, “[T]he portion of the judgment debtor’s earnings that the judgment debtor proves is necessary for the support of the judgment debtor or the judgment debtor’s family supported in whole or in part by the judgment debtor is exempt from levy.”

Debtor Ortiz’s gross monthly pay is $23,404, and his monthly take-home pay is $16,301.72.  He states his monthly expenses total $16,190.  In his claim of exemption, Ortiz states he is willing to withhold $50 per week, which is approximately 0.2% of his gross monthly income and 0.3% of his take-home pay. 

Ortiz does not show that $16,190 per month is necessary to support himself or his family.  His monthly expenses include $8,000 for housing, $2,785 for transportation and auto expenses (including payments on two car loans), and $2,850 for school or childcare.  Ortiz does not show all these expenses are necessary. 

Ortiz does not justify permitting only a tiny fraction of his income to be levied by the judgment creditor.  A claim of exemption from wage garnishment is not meant to allow a judgment debtor to live a lifestyle that far exceeds the average Californian without paying a significant amount of his or her income to the judgment creditor.

Based on the record, the court concludes that of Ortiz’s $16,301.72 in take-home pay, $13,500 is exempt. 

Disposition

The court hereby orders that $13,500 of judgment debtor Angel Ortiz’s monthly earnings is exempt under the Enforcement of Judgments Law.

Under Code of Civil Procedure section 703.580(e), the clerk shall promptly transmit a certified copy of this order to the levying officer.  Under Code of Civil Procedure section 664.5(d), the court hereby orders that the clerk shall serve notice of entry of this order on all parties.