Earning Withholding Order - Brandon MoralesATTORNEY OR PARTY WITHOUT ATTORNEY:
Shane T. Wate, SBN 302738 Thomas Sebourn, SBN 279272
Hootan Atefyekta, SBN 311437
Julie M. VanderNoor Urner, SBN 220178
Sunny Lee, SBN 326153
FIRM NAME: Suttell & Hammer, APC
STREET ADDRESS: Pa BOX C-90006
CITY: Bellevue STATE: WA ZIPCODE: 98009
E-MAIL ADDRESS:
ATTORNEY FOR (name): Synchrony Bank
CA DFPI Debt Collector License No. 10604-99
LEWING OFFICER (Name and address}:
Santa Clara County Sheriff
Civil Section
55 West Younger Avenue
San Jose CA 95110-1722
(408)808-4800
E:E,,[1 \,O aE [D'R
CUF"EGI'H(" CIT'-Y 'iERK
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
STREET ADDRESS: 191 N. First Street
MAILING ADDRESS
ClffANDZIPCODE: SanJose95ll3
BRANCH NAMEI CA Superior of Santa Clara Co at Downtown Superior Court
PLAINTIFF/PETITIONER: Synchrony Bank
DEFENDANT/RESPONDENT Brandon Morales
EARNINGS WITHHOLDING ORDER
(Wage Garnishment)
LEWING OFFICER FILE NO.:
zqgo0z'=4
COURT CASE NO.:
22CV 402942
EMPLOYEE: KEEP YOUR COPY OF THIS LEGAL PAPER. EMPLEADO: GUARDE ESTE PAPEL OFICIAL.
EMPLOYER: Enter the following date to assist your recordkeeping
Date this order was received by employer (specify the date of personal delivery by levying officer
or registered process server or the date mail receipt was signed):
TO THE EMPLOYER REGARDING YOUR EMPLOYEE:
Name and address of employer
CITY OF CUPERTINO
coo PAYROLL
10300 TORRE AVENUE
CUPERTINO CA 95014
Name and address of employee
Brandon Morales an individual
80 E Edmundson Ave
Morgan Hill CA 95037-5418
Social Security No. [X on form WG-035 € unknown
L A judgment creditor has obtained this order to collect a court judgment against your employee. You are directed to withhold part of
the earnings of the employee (see instructions on reverse of this form). Pay the withheld sums to the levying officer (name and
address above).
If the employee works for you now, you must give the employee a copy of this order and the Employee Instructions (form
WG-003) within 10 days affer receiving this order.
Complete both copies of the form Employer's Return (form WG-005) and mail them to the levying officer within 15 days
after receiving this order, whether or not the employee works for you.
2. The total amount due is: $3109.24 + $45.00 + $15.00 D.F. + $0.42 Per Day Interest
Count 10 calendar days from the date when you received this order. If your employee's pay period ends before the Ifh day, do
not withhold earnings payable for that pay period. Do withhold from earnings that are payable for any pay period ending on or affer
that 1 0th day.
Continue withholding for all pay periods until you withhold the amount due. The levying officer will notify you of an assessment you
should withhold in addition to the amount due. Do not withhold more than the total of these amounts. Never withhold any earnings
payable before the beginning of the earnings withholding period.
3. The judgment was entered in the court on (date): July 25, 2023
The judgment creditor (if different from the plaintiff) is (name
4. The INSTRUCTIONS TO EMPLOYER on the reverse tell you how much of the employee's earnings to withhold each payday and
Date
(TYPEORPRINTNA ) t (SIGNATURE)
€ LEVYING OFFICER IREGISTERED PROCESS SERVER
Form Adopted for Mandatory Use
Judicial Council of CaliTomia
WG-002 [Rev. September 12023]
(Employer's Instructions on reverse)
EARNINGS WITHHOLDING ORDER
(Wage Garnishment)
Page 1 of 2
Code of Civil Procedure, §§ 706 022, 706 '108, 706125
www courts ca gov
INSTRUCjlONS T'O EMPLOYER ON
EARNINGS WITHHOLDING ORDER
WG-002
The instructions in paragraph 1 on the reverse of this form describe your
early duties to provide information to your employee and the levying
officer.
Your other duties are TO WITHHOLD THE CORRECT AMOLINT OF
EARNINGS (if any) and PAY IT TO THE LEWING OFFICER during the
withholding period.
The withholding period is the period covered by the Earnings With-
holding Order (this order). The withholding period begins 10 calendar days
afier you receive the order and continues until the total amount due, plus
additional amounts for costs and interest (which will be listed in a levying
officer's notice), is withheld.
It may end sooner if (1) you receive a written notice signed by the
levying officer specifying an earlier termination date, or (2) an order of
higher priority (explained on the reverse of the Employer's Return (form
WG-005) is received.
You are entitled to rely on and must obey all written notices signed by the
levying officer.
The Employer's Return (form WG-005) describes several situations that
could affect the withholding period for this order. If you receive more than
one Earnings Withholding Order during a withholding period, review that
form (Employers Return} for instructions.
If the employee stops working for you, the Earnings Withholding Order
ends after no amounts are withheld for a con(inuous 180-day period. If
withholding ends because the earnings are subject to an order of higher
priority, the Earmngs Withholding Order ends after a continuous two-year
period during which no amounts are withheld under the order. Return the
Earnings Withholding Order to the levying officer with a statement of
the reason it is being returned.
WHAT TO DO WITH THE MONEY
The amounts withheld during the withholding period must be paid to the
levying officer by the 1 5th of the next month afier each payday. If you wish
to pay more frequently than monthly, each payment must be made within
10 days after the close of the pay period.
Be sure to mark each check with the case number, the levying officefs file
number, if different, and the employee's name so the money wf// be
applred to the correct account.
WHAT IF YOU STILL HAVE QUESTIONS?
The garnishment law is contained in the Code of Civil Procedure
beginning with section 706.010. Sections 706.022, 706.025, 706.050, and
706.104 explain the employer's duties.
The Federal Wage Garnishment Law and federal rules provide the basic
protections on which the California law is based. Inquiries about the
federal law will be answered by mail, telephone, or personal interview at
any office of the Wage and Hour Division of the u.s. Department of Labor.
Offices are listed in the telephone directory under the u.s. Department of
Labor in the u.s. Government listing.
COMPUT ATION INSTRUCTIONS
California law provides how much earnings to withhold, if any, for different
amounts of disposable earnings and different pay periods, and takes into
consideration differenf minimum wage amounts. The method of calculation
is at Code of Civil Procedure section 706.050 and is described in the
column to the right. You may also look on the California Courts Self-Help
website for assistance in determining the maximum withholding amounts
for different amounts of disposable income, for different pay periods, and
with different minimum wage amounts. The information is at
www
THESE COMPUTATION INSTRuCTIONS APPLYUNDER NORMAL
CIRCUMSTANCES. THEYDO NOT APPLY TO ORDER FOR THE
SUPPORT OF A SPOuSE, FORMER SPOuSE, OR CHILD.
State law limits the amount of earnings that can be withheld. The limitations
are based on the employee's disposable earnings, which are different from
gross pay or take-home pay.
(A) To determine the CORRECT AMOUNT OF EARNINGS TO BE WITH-
HELD (if any), first compute the employee's disposable earnings.
Earnings, include any money (whether called wages, salary, commissions,
bonuses, or anything else) that is paid by an employer to an employee for
personal services. Vacation or sick pay is subject to withholding as it is
received by the employee. Tips are generally not included as earnings
because they are not paid by the employer.
Disposable earnings are the earnings lefi afier subtracting the part of the
earnings a state or federal law requires an employer to withhold. Generally
these required deductions are (1) federal income tax, (2) federal social
security, (3) state income tax, (4) state disability insurance, and
(5) payments to public employee retirement systems. Disposable earnings
will change when the required deductions change.
(B) Affer the employee's disposable earnings are known, to determine
what amount should be withheld, you may look to the statute, follow the
directions below in (C), or seek assistance on the California Courts Self-
Help website at www.courts.ca.gov/self-help-employerwagecivil.htm.
Note that you also need to know the amount of the minimum wage in fhe
location where the employee works.
(C) Calculate the maximum amount that may be withheld from the
employee's disposable earnings, which is the lesser of the following two
amounts:
a 20 percent of disposable earnings for that week; or
a 40 percent of the amount by which the employee's disposable
earnings that week exceed the applicable minimum wage. If there
is a local minimum wage in effect in the location where the employee
works that exceeds the state minimum wage at the time the earnings
are payable, the local minimum wage is the applicable minimum
wage.
To calculate the correct amount, follow the steps below:
Step 1 : Determine the applicable minimum wage per pay period.
- For a daily or weekly pay period, multiply the applicable hourly
minimum wage by 48.
- For a biweekly pay period, multiply the applicable hourly
minimum wage by 96.
- For a semimonthly pay period, multiply the applicable hourly
minimum wage by 104.
a For a monthly pay period, multiply the applicable hourly
minimum wage by 208.
Step 2: Subtract the amount from Step 1 from the employee's disposable
earnings during that pay period.
Step 3: If the amount from Step 2 is less than zero, do not withhold any
money from the employee's earnings.
Step 4: If the amount from Step 2 is greater ihan zero, multiply that
amount by O.40.
Step 5: If the amount from Step 4 is lower than 20 percent of the
employee's disposable earnings, withhold this amount. If it is greater than
20 percent of the employee's disposable earnings. withhold 20 percent of
the disposable earnings.
Occasionally, the employee's earnings will also be subject to a Wage
and Earmngs Assignment Order, and order available from family law
courts for child, spousal, or family support. The amount required to be
withheld for that order should be deducted from the amount to be
withheld for this order.
IMPORT ANT WARNINGS
1. IT IS AGAINST THE IAW TO FIRE THE EMPLOYEE BECAUSE OF EARNINGS WITHHOLDING ORDERS FOR THE PAYMENT OF ONLY ONE
NDEBTEDNESS. No matter how many orders you receive, so long as they all relate to a single indebtedness (no matter how many debts are
represented in that judgment), the employee may not be fired.
2. IT IS ILLEGAL TO AVOID AN EARNINGS WITHHOLDING ORDER BY POSTPONING OR ADVANCING THE PAYMENT OF EARNINGS. The
employee's pay period must not be changed to prevent the order from taking effect.
3. IT IS ILLEGAL NOT TO PAY AMOUNTS WITHHELD FOR THE EARNINGS WITHHOLDING ORDER TO THE LEWING OFFICER. Your duty is
to pay the money to the levying officer who will pay the money in accordance with the law that applies to this case.
IF YOU VIOLATE ANY OF THESE LAWS YOU MAY BE HELD LIABLE TO PAY CML DAMAGES AND YOU MAY BE SUBJECT TO CRIMINAL
PROSECUTION!
WG-002 [Rev September 1, 2023]EARNINGS WITHHOLDING ORDER
(Wage Garnishment)
Page 2 of 2
ATTORNEY OR PARTY WITHOtJT ATTORNEY:
Shane T. Wate, SBN 302738 Thomas SeboJrn, SBN 2'79272
Hootan Atefyekta, SBN 31 M37
Julie M. VanderNoor Urner, SBN 220178
Sunny Lee, SBN 326153
FIRM NAMEI Suttell & Hammer, APC
STREET ADDRESS: Pa BOX C-90006
CITY: Bellevue STATE: WA ZIPCODE: 98009
E-MAIL ADDRESS:
ATTORNEY FOR (name): Synchrony Bank
CA DFPI Debt Collector License No. 10604-99
LEVYING OFFICER lName and address}:
Santa Clara County Sheriff
Civil Section
55 West Younger Avenue
San Jose CA 95110-1722
(408)808-4800
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
STREET ADDRESS: 191 N. First Street
MAILING ADDRESS
CITYANDZIPCODE: SanJose951l3
BRANCH NAME: CA Superior of Santa Clara Co at Downtown Superior Court
PLAINTIFF/PETITIONER: Synchrony Bank
DEFENDANT/RESPONDENT Brandon Morales
EARNINGS WITHHOLDING ORDER
(Wage Garnishment)
LEWING OFFICER FILE NO.:
240(X)!fl
COURT CASE NO.:
22CV 402942
EMPLOYEE:KEEPYOURCOPYOFTHISLEGALPAPER. EMPLEADO:GUARDEESTEPAPELOFICIAL.
EMPLOYER: Enter the following date to assist your recordkeeping
Date this order was received by employer (specify the date of personal delivery by levying officer
or registered process server or the date mail receipt was signed):
TO THE EMPLOYER REGARDING YOUR EMPLOYEE:
Name and address of employer
CITY OF CUPERTINO
coo PAYROLL
10300 TORRE AVENUE
CUPERTINO CA 95014
Name and address of employee
Brandon Morales, an individual
80 E Edmundson Ave
Morgan Hill CA 95037-5418
Social Security No. [X on form WG-035 € unknown
1. A judgment creditor has obtained this order to collect a court judgment against your employee. You are directed to withhold part of
the earnings of the employee (see instructions on reverse of this form). Pay the withheld sums to the levying officer (name and
address above).
If the employee works for you now, you must give the employee a copy of this order and the Employee Instructions (form
WG-003) within 10 days after receiving this order.
Complete both copies of the form Empk>yer's Return (form WG-005) and mail them to the levying officer within 15 days
afker receiving this order, whether or not the employee works for you.
2. The total amount due is: $3109.24 + $45.00 + $15.00 D.F. + $0.42 Per Day Interest
Count 10 calendar days from the date when you received this order. If your employee's pay period ends before the 1 0'h day, do
not withhold earnings payable for that pay period. Do withhold from earnings that are payable for any pay period ending on or after
that 1 0th day.
Continue withholding for all pay periods until you withhold the amount due. The levying officer will notify you of an assessment you
should withhold in addition to the amount due. Do not withhold more than the total of these amounts. Never withhold any earnings
payable before the beginning of the earnings withholding period.
3. The judgment was entered in the court on (date): July 25, 2023
The judgment creditor (if different from the plaintiff) is (name):
4. The INSTRUCTIONS TO EMPLOYER on ttiie reverse tell you how much of the employee's earnings to withhold each payday and
answWr o,ther qffe,st,ion,s ylou, may have. all. ( SI,
(TYPEORPRINTNAME) (SIGNATtJRE)
€ LEVYING OFFICER IREGISTERED PROCESS SERVER
Form Adopted for Mandatory Use
Judicial Council of Califomia
WG-002 [Rev September i2023]
(Employer's Instructions on reverse)
EARNINGS WITHHOLDING ORDER
(Wage Garnishment)
Page 1 of 2
Code oT Civil Procedure, §§ 706.022, 706.108, 706.125
www cour[s.ca.gov
INSTRUCtlONS T'O EMPLOYER ON
EARNINGS WITHHOLDING ORDER
WG-002
The instructions in paragraph 1 on the reverse of this form describe your
early duties to provide information to your employee and the levying
officer.
Your other duties are TO WITHHOLD THE CORRECT AMOUNT OF
EARNINGS (if any) and PAY IT TO THE LEWING OFFICER during the
withholding period.
The withholding period is the period covered by the Earnrngs With-
holding Order (this order). The withholding period begins 10 calendar days
afier you receive the order and continues until the total amount due, plus
additional amounts for costs and interest (which will be listed in a levying
officer's notice), is withheld.
It may end sooner if (1) you receive a written notice signed by the
levying officer specifying an earlier termination date, or (2) an order of
higher priority (explained on the reverse of the Employefs Return (form
WG-005) is received.
You are entitled to rely on and must obey all written notices signed by the
levying officer.
The Employer's Return (form WG-005) describes several situations that
could affect the withholding period for this order. If you receive more than
one Earnings Withholding Order during a withholding period, review that
form (Employers Return) for instructions.
If the employee stops working for you, the Earnings Withholding Order
ends afler no amounts are withheld for a continuous 180-day period. If
withholding ends because the earnings are subject to an order of higher
priority, the Earnings Wrthholding Order ends affer a continuous two-year
period during which no amounts are withheld under the order. Return the
Earnings Withholding Order to the levying officer with a statement of
the reason it is being returned.
WHAT TO DO WITH THE MONEY
The amoun(s withheld during the withholding period must be paid to the
levying officer by the 1 5th of the next month affer each payday. If you wish
to pay more frequently than monthly, each payment must be made within
10 days affer the close of the pay period.
Be sure to mark each check with the case number, the levyrng officers file
number, if different, and the employee's name so the money wHl be
applred to the correct account.
WHAT IF YOU STILL HAVE QUESTIONS?
The garnishment law is contained in the Code of Civil Procedure
beginning wi(h section 706.010. Sections 706.022, 706.025, 706.050, and
706.104 explain the employer's duties.
The Federal Wage Garnishment Law and federal rules provide the basic
protections on which the California law is based. Inquiries about the
federal law will be answered by mail, telephone, or personal interview at
any office of the Wage and Hour Division of the u.s. Department of Labor.
Offices are listed in the telephone directory under the u.s. Department of
Labor in the u.s. Government listing.
COMPUTATION INSTRUCTIONS
California law provides how much earnings to withhold, if any, for different
amounts of disposable earnings and different pay periods, and takes into
consideration differenf minimum wage amounts. The method of calculation
is at Code of Civil Procedure section 706.050 and is described in the
column to the right. You may also look on the California Courts Self-Help
website for assistance in determining the maximum withholding amounts
for different amounts of disposable income, for different pay periods, and
with different minimum wage amounts. The information is at
www
THESE COMPUTATION INSTRuCTIONS APPLYUNDER NORMAL
CIRCuMSTANCES. THEYDO NOT APPLY TO ORDER FOR THE
SUPPORT OF A SPOuSE, FORMER SPOuSE, OR CHILD.
State law limits the amount of earnings that can be withheld. The limitations
are based on the employee's disposable earnings, which are different from
gross pay or take-home pay.
(A) To determine the CORRECT AMOUNT OF EARNINGS TO BE WITH-
HELD (if any), first compute the employee's disposable earnrngs.
Earnings, include any money (whether called wages, salary, commissions,
bonuses, or anything else) that is paid by an employer to an employee for
personal services. Vacation or sick pay is subject to withholding as it is
received by the employee. Tips are generally not included as earnings
because they are not paid by the employer.
Drsposable earnings are the earnings leff afier subtracting the part of the
earnings a state or federal law requires an employer to withhold. Generally
these required deductions are (1) federal income tax, (2) federal social
security, (3) state income tax, (4) state disability insurance, and
(5) payments to public employee retirement systems. Disposable earnings
will change when the required deductions change.
(B) Affer the employee's disposable earnings are known, to determine
what amount should be withheld, you may look to the statute, follow the
directions below in (C), or seek assistance on the California Courts Self-
Help website at www.courts.ca.gov/self-help-employervtagecivil.htm.
Note that you also need to know the amount of the minimum wage in the
location where the employee works.
(C) Calculate the maximum amount that may be withheld from the
employee's disposable earnings, which is the lesser of the following two
amounts:
* 20 percent of disposable earnings for that week; or
a 40 percent of the amount by which the employee's disposable
earnings that week exceed the applicable minimum wage. If there
local minimum wage in effect in the location where the employee
that exceeds the state minimum wage at the time the earnings
payable, the local minimum wage is the applicable minimum
is a
works
are
wage.
To calculate the correct amount, follow the steps below:
Step 1 : Determine the applicable minimum wage per pay period.
a For a daily or weekly pay period, multiply the applicable hourly
minimum wage by 48.
a For a biweekly pay period, multiply the applicable hourly
minimum wage by 96.
a For a semimonthly pay period, multiply the applicable hourly
minimum wage by 104.
a For a monthly pay period, multiply the applicable hourly
minimum wage by 208.
Step 2: Subtract the amount from Step 1 from the employee's disposable
earnings during that pay period.
Step 3: If the amount from Step 2 is less than zero, do not withhold any
money from the employee's earnings.
Step 4: If the amount from Step 2 is greater than zero, multiply that
amount by O.40.
Step 5: If the amount from Step 4 is lower than 20 percent of the
employee's disposable earnings, withhold this amount. If it is greater than
20 percent of the employee's disposable earnings, withhold 20 percent of
the disposable earnings.
Occasionally, the employee's earnings will also be subject to a Wage
and Earnrngs Assignment Order, and order available from family law
courts for child, spousal, or family support. The amount required to be
withheld for that order should be deducted from the amount to be
withheld for this order.
IMPORT ANT WARNINGS
1. IT IS AGAINST THE LAW TO FIRE THE EMPLOYEE BECAUSE OF EARNINGS WITHHOLDING ORDERS FOR THE PAYMENT OF ONLY ONE
NDEBTEDNESS. No matter how many orders you receive, so long as they all relate to a single indebtedness (no matter how many debts are
represented in that judgment), the employee may not be fired.
2. IT IS ILLEGAL TO AVOID AN EARNINGS WITHHOLDING ORDER BY POSTPONING OR ADVANCING THE PAYMENT OF EARNINGS. The
employee's pay period must not be changed to prevent the order from taking effect.
3. IT IS ILLEGAL NOT TO PAY AMOUNTS WITHHELD FOR THE EARNINGS WITHHOLDING ORDER TO THE LEVYING OFFICER. Your duty is
to pay the money to the levying officer who will pay the money in accordance with the law that applies to this case.
IF YOU VIOLATE ANY OF THESE LAWS YOU MAY BE HELD LIABLE TO PAY CML DAMAGES AND YOU MAY BE SUBJECT TO CRIMINAL
PRO SECUTION!
WG-002 [Rev September i2023]EARNINGS WITHHOLDING ORDER
(Wage Garnishment)
Page 2 of 2
WG-005
AITORNEY OR PARTY WITHOUT ATTORNEY (Name, Sda[e Bar number, and address)
Shane T. Wate, SBN 302738 Thomas Sebourn, SBN 279272
Hootan Atefyekta, SBN 311437
Julie M. VanderNoor Urner, SBN 220178
Sunny Lee, SBN 326153
Suttell & Hammer, APC
Pa BOX C-90006
BELLEVUE, WA, 98009
TELEPHONENO. 1-888-788-8355
FAX NO. (Op[ronal). 425-453-3239
S{H Reference Number 84846'l.001
ATTORNEY FOR (NAME): Synchrony Bank
CA DFPI Debt Collector License No. 10604-99
LEWING OFFICER (Name and Address)
Santa Clara County Sheriff
Civil Division
55 West Younger Avenue
San Jose CA 95110-1722
(408)808-4800
SUPERIOR COURT OF CALIFORNIA, COUNTY OF: SANTA CLARA
STREET ADDRESS: j91 N. First Street
MAILING ADDRESS:
CITYANDZIPCODE: SanJoseCA95113
BRANCH NAME:
PLAINTIFF/PETITIONER: Synchrony Bank
DEFENDANT/RESPONDENT: Brandon Morales
COURT CASE NUMBER
22CV 402942
EMPLOYER'S RETURN
(Wage Garnishment)
LEVYING FFICER FILE NUMBER.
EMPLOYER: You must complete both copies of this form and mail them to the levying officer within "l 5 days.
Please correct any errors in the mailing information above and provide any missing information, including the
name of the person to whom notices should be directed.
FAILURE TO COMPLETE AND RETURN THESE FORMS MAY SUBJECT YOU TO PAYMENT OF ATTORNEY
FEES AND OTHER CML PENALTIES.
Name and address of employer
CITY OF CUPERTINO
C/O: PAYROLL
10300 TORRE AVENUE
CUPERTINO CA 95014
Attn: PAYROLL
(lnsM name above)
1. I received the Earnings Withholding Order on (date):
Name and address of employee
7 ffl Brandon Morales, an individual
80 E Edmundson Ave
Morgan Hill CA 95037-5418
Jl
Social Security No. (g on form WG-035 0 unknown
2. The employee is
a. [1 not employed by this employer (if not employed, omititems 2b through 6 and proceed to the declaration at the end of this
form).
b. 0 now employed by this employer and in the last pay period had gross earnings of:$
3. The employee's pay period is
a. [1 daily b. 0 weekly
d. g twice a month e. 0 monthly
c. 0 every two weeks
f. 0 other(specify}:
(IF YOU HAVE RECEIVED NO OTHER ORDERS THAT PRESENTLY AFFECT THIS EMPLOYEE'S EARNINGS, OMIT ITEMS 4, 5
AND 6, AND PROCEED TO THE DECLARATION AT THE END OF THIS FORM.)
The Federal Wage Garnishment Law and federal rules provide the basic protections on which the California law is based.
Form Adopted for Mandatory Use
Judicial Council of California
WG-005 [Rev. September 1, 2017]
(Continued on reverse)
EMPLOYER'S RETURN
(Wage Garnishment)
Page 1 of 2
Code of Civil Procedure, F3 706 126
www courts ca aov
WG-005
SHORT TITLE: Synchrony Bank v. Brandon Morales LEVYING OFFICER FILE NO..
NOtczia-l
COURT CASE NO
22CV 402942
If you have received other orders that presently affect this employee's earnings, another order may have priority over this one.
The following list indicates the priority of orders:
Wage and Earnings Assignment Order (for Support)
Earnings Withholding Order for Support
Earnings Withholding Order for Taxes
Earnings Withholding Order for Elder or Dependent Adult Financial Abuse
Earnings Withholding Order
First priority
Second priority
Third priority
Fourth priority
Fifth priority
If two or more orders have the same priority, comply with the one received first. If both were received on the same date, comply
with the one with the earlier date of judgment. If the dates of judgment are the same, you may select which order you choose to
comply with.
4. g This order appears to have higher priority than any other order. Earnings will be withheld for this order in accord with the
EMPLOYER'S INSTRUCTIONS (on reverse of Earnings Withholding Order).
5. g The employer has received another order affecting the employee's earnings and earnings are being withheld for the other order
because:
a. € The other order was received first. The other order was received on (date).'
b. 0 This order does not have higher priority.
C. € A copy of the other order is attached. (Retain original for your records. If a copy is not attached, complete item d.)
d. [1 A copy of the other order is NOT attached. Describe the other order by providing the following information.'
(1) Court name, address, and case number:
(2) Levying officer name and address and file number:
(3) Total amount to be withheld:$
6. g This order is not effective for the reason shown in item 5. It is returned to the levying officer with this return.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME)(SIGNATURE OF DECLARANT)
If an Earnings Withholding Order is not effective when served, for any reason, do not hold it. Return it to the levying officer with
this return.
FAILURE TO COMPLETE AND RETURN THIS FORM MAY SUBJECT AN EMPLOYER TO CML PENALTIES AND
ATTORNEY FEES.
WG-005 [Rev. September, 1 2017]EMPLOYER'S RETURN
(Wage Garnishment)
Page 2 of 2
WG-005
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Skate Bar number, and address)
Shane T. Wate, SBN 302738 Thomas Sebourn, SBN 279272
Hootan Atefyekta, SBN 311437
Julie M. VanderNoor Urner, SBN 220178
Sunny Lee, SBN 326153
Suttell & Hammer, APC
Pa BOX C-90006
BELLEVUE, WA, 98009
TELEPHONENO 1-888-788-8355
FAX NO (Op[ronal) 425-453-3239
SIH Reference Number 848461.001
ATTORNEY FOR (NAME): Synchrony Bank
CA DFPI Debt Collector License No. 10604-99
LEWING OFFICER (Name and Address)
Santa Clara County Sheriff
Civil Division
55 West Younger Avenue
San Jose CA 95110-1722
(408)808-4800
SUPERIOR COURT OF CALIFORNIA, COUNTY OF: SANTA CLARA
STREET ADDRESS: 191 N. First Street
MAILING ADDRESS:
CITYANDZIPCODE. SanJoseCA95113
BRANCH NAME:
PLAINTIFF/PETITIONER: Synchrony Bank
DEFENDANT/RESPONDENT: Brandon Morales
COURT CASE NUMBER
22CV 402942
EMPLOYER'S RETURN
(Wage Garnishment)
LEWING OFFICER FILE NUMBER
z4o002)4
EMPLOYER: You must complete both copies of this form and mail them to the levying officer within 15 days.
/"'/ease correct any errors in the mailing information above and provide any missing information, including the
name of the person to whom notices should be directed.
FAILURE TO COMPLETE AND RETURN THESE FORMS MAY SUBJECT YOU TO PAYMENT OF ATTORNEY
FEES AND OTHER CML PENALTIES.
Name and address of employer
CITY OF CUPERTINO
C/O: PAYROLL
10300 TORRE AVENUE
CUPERTINO CA 95014
Attn: PA YROLL
(lnser[ name above)
1. I received the Earnings Withholding Order on (date):
Name and address of employee
7 J Brandon Morales, an individual
8 0 E Edmundson Ave
Morgan Hill CA 95037-5418
gt
Social Security No. § on form WG-035 €unknown
2. The employee is
B. g not employed by this employer (if not employed, omit items 2b through 6 and proceed to the declaration at the end of this
form).
b. [] now employed by this employer and in the last pay period had gross earnings of: $
3. The employee's pay period is
a. g daily b. [1 weekly
d. g twice a month e. [1 monthly
c. 0 every two weeks
f. [1 other (specify):
(IF YOU HAVE RECEIVED NO OTHER ORDERS THAT PRESENTLY AFFECT THIS EMPLOYEE'S EARNINGS, OMIT ITEMS 4, 5
AND 6, AND PROCEED TO THE DECLARATION AT THE END OF THIS FORM.)
The Federal Wage Garnishment Law and federal rules provide the basic protections on which the California law is based.
Form Adopted for Mandatory Use
Judicial Council of California WG-005
[Rev September I 2017]
(Coniinued on rsverse)
EMPLOYER'S RETURN
(Wage Garnishment)
Page j of 2
Code of Civil Procedure, § 706.126
www courts ca ov
WG-005
SHORT TITLE: Synchrony Bank v. Brandon Morales LEVYING OFFICER FILE NO.:
2q00b234
COURT CASE NO
22CV 402942
If you have received other orders that presently affect this employee's earnings, another order may have priority over this one.
The following list indicates the priority of orders:
Wage and Earnings Assignment Order (for Support)
Earnings Withholding Order for Support
Earnings Withholding Order for Taxes
Earnings Withholding Order for Elder or Dependent Adult Financial Abuse
Earnings Withholding Order
First priority
Second priority
Third priority
Fourth priority
Fifth priority
If two or more orders have the same priority, comply with the one received first. If both were received on the same date, comply
with the one with the earlier date of judgment. If the dates of judgment are the same, you may select which order you choose to
comply with.
<, 0 This order appears to have higher priority than any other order. Earnings will be withheld for this order in accord with the
EMPLOYER'S INSTRUCTIONS (on reverse of Earnings Withholding Order).
5, € The employer has received another order affecting the employee's earnings and earnings are being withheld for the other order
because:
a. 0 The other order was received first. The other orderwas received on (date):
b. 0 This order does not have higher priority.
c. 0 A copy of the other order is attached. (Retain original for yourrecords. If a copy is not attached, complete item d.)
d. 0 AcopyoflheolherorderisNOTattached.Describetheotherorderbyprovidingthefollowinginformation:
(1) Court name, address, and case number:
(2) Levying officer name and address and file number:
(3) Total amount to be withheld: $
6. g This order is not effective for the reason shown in item 5. It is returned to the levying officer with this return.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(T/PE OR PRINT NAME)(SIGNATURE OF DECLARANT)
If an Earnings Withholding Order is not effective when served, for any reason, do not hold it. Return it to the levying officer with
this return.
FAILURE TO COMPLETE AND RETURN THIS FORM MAY SUBJECT AN EMPLOYER TO CML PENALTIES AND
ATTORNEY FEES.
W(i-005 [Rev September 12017]EMPLOYER'S RETURN
(Wage Garnishment)
Page 2 of 2
CONFIDENTIAL WG-035
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stake Barnumber, and address):
Shane T. Wate, SBN 302738 Thomas Sebourn, SBN 279272
Hootan Atefyekta, SBN 311437
Julie M. VanderNoor urner, SBN 220178
Sunny Lee, SBN 326153
Suttell & Hammer, APC
Pa BOX C-90006
BELLEVUE, WA 98009
TELEPHONE NO.: 1-888-788-8355
FAX NO. (Optional): 425-453-3239
Our File No. 848461.001
ATTORNEY FOR (NAME):
Synchrony Bank
CA DFPI Debt Collector License No. 10604-99
DATE RECEIVED BY COURT (Do not file In publrc court ffle.)
SUPERIOR COLIRT OF CALIFORNIA, COUNTY OF: SANTA CLARA
STREET ADDRESS: 191 N. First Street
MAILING ADDRESS:
CITY AND ZIP CODE: San Jose CA 95113
BRANCH NAME:
PLAINTIFF/PETITIONER: Synchrony Bank
DEFENDANT/RESPONDENT: Brandon Morales
COLIRT CASE NUMBER:
22CV 402942
CONFIDENTIAL STATEMENT OF JUDGMENT DEBTOR'S
SOCIAL SECURITY NUMBER
(Supplement to Wage Garnishment Forms
WG-001, WG-002, WG-005, WG-004, WG-009, WG-012, and WG-030)
LEWING OFFICER FILE NUMBER.
')4500'2,)Ll
(Do nof attach to forms.)
This separate Confidential Statement of Judgment Debtors Social Security Number contains the Social Security number of the judgment debtor
for whom an earnings withholding order is being sought or has issued in the case referenced above. This supplement must be kept
separate from any applications or orders filed in this case, and should not be a public record.
INFORMATION ON JUDGMENT DEBTOR:
1. Name: Brandon Morales, an individual
2. Social Security Number: 603-88-6091
TO COURT CLERK
THIS STATEMENT IS CONFIDENTIAL.
DO NOT FILE THIS CONFIDENTIAL ST ATEMENT IN A PUBLIC COURT FILE.
Form Adopted for Mandatory Llse
Judicial Council of California
WG-035 [New Janurary 1, 2012]
CONFIDENTIAL ST ATEMENT OF JUDGMENT DEBTOR'S
SOCIAL SECURITY NUMBER
Wage Garnishment
Page 1 of 1
www. courts. ca. gov
CONFIDENTIAL WG-035
ATTORNEY OR PARTY WITHOLIT ATTORNEY (Name, Stake Barnumber, and address):
Shane T. Wate, SBN 302738 Thomas Sebourn, SBN 279272
Hootan Atefyekta, SBN 311437
Julie M. VanderNoor Urner, SBN 220178
Sunny Lee, SBN 326153
Su(tell & Hammer, APC
Pa BOX C-90006
BELLEVuE, WA 98009
TELEPHONE NO.: i-888-788-8355
FAX NO. (Optional): 425-453-3239
Our File No. 848461.001
ATTORNEY FOR (NAME):
Synchrony Bank
CA DFPI Debt Collector License No. 10604-99
DATE RECEIVED BY COURT (Do nof file rn publlc court file.)
SUPERIOR COURT OF CALIFORNIA, COUNTY OF: SANTA CLARA
STREET ADDRESS: 191 N. First Street
MAILING ADDRESS:
CITY AND ZIP CODE: San Jose CA 95113
BRANCH NAME:
PLAINTIFF/PETITIONER: Synchrony Bank
DEFENDANT/RESPONDENT: Brandon Morales
COURT CASE NUMBER:
22CV 402942
CONFIDENTIAL ST ATEMENT OF JUDGMENT DEBTOR'S
SOCIAL SECURITY NUMBER
(Supplement to Wage Garnishment Forms
WG-001, WG-002, WG-005, WG-004, WG-009, WG-012, and WG-030)
LEVYING OFFICER FILE NUMBER:
2$)oo:zJ
(Do not attach to forms.)
This separate Confidential Statement of Judgment Debtor's Social Security Number contains the Social Security number of the judgment debtor
for whom an earnings withholding order is being sought or has issued in the case referenced above. This supplement must be kept
separate from any applications or orders filed in this case, and should not be a public record.
INFORMATION ON JUDGMENT DEBTOR:
1. Name: Brandon Morales, an individual
2. Social Security Number: 603-88-6091
TO COURT CLERK
THIS STATEMENT IS CONFIDENTIAL.
DO NOT FILE THIS CONFIDENTIAL ST ATEMENT IN A PUBLIC COURT FILE.
Form Adopted for Mandatory Use
Judicial Council of Califortua
WG-035 [New Janurary 1, 2012]
CONFIDENTIAL STATEMENT OF JUDGMENT DEBTOR'S
SOCIAL SECURITY NUMBER
Wage Garnishment
Page 1 of 1
www.cour[s ca.gov
EJ-130
ATTORNEY OR PARTY WITHOL+T ATTORNEY (Name. Slake Bar number and address}
Shane T. Wate, SBN 302738 Julie M. Vandet%or Umer, SBN 220178
HootanAlefyekta,SBN311437 ThomasSeboum,SBN279272
Sunny Lee, SBN 3261 53
SuTTELL & HAMMER, APC
Pa BOX C-90006 BELLEVuE WA 98009
TELEPHONE NO 1-888-788-8355 FAX NO (Opllonal) 425-453-323fl
FILE NUMBER: !U&l81.00i
ATTORNEY FOR (Name): Synchmny Bank
CA DFPi Debt Collector License No. 10604-99
(IATTORNEY FOR (Z ORIGINAL JuDCiMENT CREDITOR [3 ASSIGNEE OF RECORD
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF RANTA CLARA
STREET ADDRESS fill N Flial Sliest
MAILING At)DRESS.
CITY AND ZIP CODE. San Jose CA 951 l 3
BRANCH NAME CA Supetlor of Sanla Clara Co at Down(own Superior Court
PLAINTIFF/PETITIONER: Synchrony Bank
DEFENDANT/RESPONDENT: Brandon Morales
(J EXECUTION (Money Judgment)
WR!T n pnqqpssiriaa np n parcnnpi gr'rinarhi
CASE NUMBER
22CV 402942
I,J lid IJ kl ffi 11111 %l liljl 1,,l1 ta I -t u II u I I I u la ta I l J
oF [] RealProperty
0 SALE
(X) Limlted C_vil Case (including Small Claims)
( ) Unlimited Civil Case (including Family and Probate)
1. To the Sheriff or Marshal of the County of: SANTA CLARA
You are directed to enforce the judgment described below with daily interest and your costs as provided by law.
2. To any registered process server: You are authorized to serve this writ only in accordance with CCP 699.080 or CCP 715.040.
3. (Name): Synchrony Bank
is the 8 original judgment creditor 0 assignee of tecord whose address is shown on this form above the court's name.
4. Judgment debtor (name, type of legal entity if not a 9. 0 Writ of Possession/Writ of Sale information on next page.
nB'ura' r'erso'l and las' knoWn address): 10. [] This writ is issued on a sister-state judgment.
r 7 For Items 11-17, see form MC-012 and form MC-013-INFO
Brandon Morales, an individual
80 E Edmundson Ave
Morgan Hill CA 95037-5418
l J
0 Additional judgment debtors on next page
5. Judgment entered on (date): July 25, 2023
(See type ofjudgmen[ in item 22.)
6. 0 Judgment renewed on (dates).'
7. Notice of sale under this writ
a. (El has not been requested.
b. [1 has been requested (see next page)
8. [1 Joint debtor informatioi on next page.
Date:
11. Total judgment (as entered or renewed)..........$
12. Costs after judgment (CCP 685. 090)...............$
13. Subtotal (add 1l and 12)......................... ..... $
14. Credits to principal (after credit to interest).......$
15. Principal remaining due (subtract 14 fmm 13)..$
16. Accrued interest remaining due per CCP
685.050(b) (nor on GC 6103.5 fees).................$
17. Fee for issuance of writ (per GC 70626(a)(1)}...$
'18. Total amount due (add 15, 16, and 17)..........!5
19. Levying officer:
a. Add daily interest from date of writ
(at [he legal rake on 15) (not on
GC6103.5fees)............ .... ...............$
b. Pay directly to court costs Included in
11 and 17 (GC 6103.5, 68637;
CCP699.520(i'i}..... .. . ..... ..... ..-$
20. g The amounts called for in items 11-19 are difTerent for each debtor.
These amounts are stated for each debtor on Attachment 20.
NOV!82023 Clerk, by <.phan 7Qfuty
NOTICE TO PERSON SERVED: SEE PAGE 3 FOR IMPORTANT INFORMATION.
Page l of 3
'-omi A(iptoved lor OpUonal Use
ludldal Coundl of Calltomla
EJi30 [Rov. Seplembet 1, 20201
WRIT OF EXECUTION Oode OI Clvll Procedure, !Ill 899 520, 7 2.010. 7 5 010
Govemmenl Code, (g tl03 5
E.1-130
Plalntiff/Petitioner: Synchrony Bank
De(endanURespondenk: Brandon Morales
CASE NUMBER
22CV 402942
21. [] Additional judgment debtor(s) (name, type of legal entity if not a natural person, and last known address).'
r-
i jl-
22.The judgment is for (check one):
a. [] wages owed.
b. [] child support or spousal support.
c. [J other.
23. 0 Notice of sale has been requested by (name and address):
7
Jff
24. [0 Joint debtor was declared bound by the judgmen( (CCP 989-994);
a. on (date):
b. name, type of legal entity if not a natural person, and
0ast known address of joint debtor:
a. on (date)
b. name, type of legal entity if not a natural person, and last
known address of joint debtor:
L x
c. 0 Additional costs against certain joint debtors are itemized:
l
g Below € On Attachment 24c
j
25. [](WritofPossessionorWritofSale)Judgmentwasenteredforihefollowing:
a. g Possession of real property: The complaint was filed on (date):
(Check (1 ) or (2). Check (3) if applicable. Complete (4) if (2) or (3) have been checked.)
(1 ) [] The Prejudgment Claim of Right to Possession was served in compliance with CCP 415.46. The judgment includes
all tenants, subtenants, named claimants, and other occupants of the premises.
(2) [] The Prejudgment Claim of Right to Possession was NOT served in compliance with CCP 415.46.
(3) [3 The unlawful detainer resulted from a foreclosure sale of a rental housing unit. (An occupant not named in the
judgment may file a Claim of Right to Possession at any time up to and including the time the levying officer reiurns to
effect eviction, regardless of whether a Prejudgment Claim of Right to Possession was served.) (See CCP 415.46 and
1174.3(a%2).)
(4) If the unlawful detainer resulted from a foreclosure (item 25a(3)), or if the Prejudgment Claim of Right to Possession was
not served in compliance with CCP 415.46 (item 25a(2)), answer the following:
(a) The daily rental value on the date the complaint was filed was $
(b) The court will hear objections to enforcement of the judgment under CCP 1174.3 on the following dates (specify):
EJ-130 (Rev Septembst 1, 20201
Item 25 continued on next page
WRiT OF EXECUTION F'age 2 of 3
EJ-130
Plaintiff/Petitioner: Synchrony Bank
DefendanURespondent: Brandon Morales
CASE NLIMBER.
22CV402942
25. b. 0 Possession of personal property.
0 If delivery cannot be had, then for the value (itemize in 25e) specified in the judgment or supplemental
order.
c. 0 Sale of personal property.
d. 0 Sale of real property.
e. The property is described: 0 Below 0 0n attachment 25e
NOTICE TO PERSON SERVED
WRIT OF EXECUTION OR SALE. Your rights and duties are indicated on the accompanying Notice of Levy (Form EJ-150).
WRIT OF POSSESSION OF PERSONAL PROPERTY. If the levying officer is not able to take custody of the property, the levying
officer will demand that you turn over the property. If custody is not obtained following demand, the judgment may be enforced
as a money judgment for the value of the property specified in the judgment or in a supplemental order.
WRIT OF POSSESSION OF REAL PROPERTY. If the premises are not vacated within five days affer the date of service on the
occupant or, if service is by posting, within five days afier service on you, the levying officer will remove the occupants from the real
property and place the judgment creditor in possession of the property. Except for a mobile home, personal property remaining on the
premises will be sold or otherwise disposed of in accordance with CCP 11 74 unless you or the owner of the property pays the
judgment creditor the reasonable cost of storage and takes possession of the personal property not later than 15 days after the
time the ludgment creditor takes possession of the premises.
EXCEPTION IF RENTAL HOUSING UNIT WAS FORECLOSED. If the residential property that you are renting was sold in a
foreclosure, you have additional time before you must vacate the premises. If you have a lease for a fixed term, such as for a year,
you may remain in the property until the term is up. If you have a periodic lease or tenancy, such as from month-to-month, you may
remain in the property for 90 days afler receiving notice to quit. A blank form Clarm of Right to Possession and Notice of Hearing
(form CP10) accompanies this writ. You may claim your right to remain on the property by filling it out and giving it to the sheriff or
levying officer.
EXCEPTION IF YOU WERE NOT SERVED WITH A FORM CALLED PREJUDGMENT CLAIM OF RIGHT TO POSSESSION. If you
were not named in the judgment for possession and you occupied the premises on the date on which the unlawful detainer case was
filed, you may object to the enforcement of the judgment against you. You must complete the form Claim of Right to Possession and
Nolice of Hearrng (form CP1 0) and give it to the sheriff or levying officer. A blank form accompanies this writ You have this right
whether or not the are ' was sold in a foreclosure.
E.M 30 (Rsv 8eplember 1, 20200 WRIT OF EXECUTION Page 3 of 3
WG-003
EMPLOYEE INSTRUCTIONS
-NOTICE-
IMPORTANT LEGAL NOTICE TO EMPLOYEE
ABOUT EARNINGS WITHHOLDING ORDERS
(Wage Garnishment)
The Earnings Withholding Order requires your
employer to pay part of your earnings to the sheriff or
other levying officer. The levying officer will pay the
money to a creditor who has a court judgment against
you. The information below may help you protect the
money you earn.
-NOTICIA-
NOTICIA LEGAL IMPORT ANTE RESPECTO
A LAS C)RDENES DE RETENCIC)N DE SUELDO
La Orden de Retenci6n de Sueldo requiere que su
empleador pague una parte de su sueldo a un oficial
de embargo. El oficial le pagara el dinero retenido a
su acreedor que ha conseguido una decisi6n judicial
en contra de usted. Pida usted que un amigo o su
abogado le lea este papel oficial. Esta informaci6n le
puede ayudar a proteger su sueldo.
CAN YOU BE FIRED BECAUSE OF THIS?
NO. You cannot be fired unless your earnings have been withheld before for a different court judgment. If this is the first
judgment for which your wages will be withheld and your employer fires you because of this, the California Labor
Commissioner, listed in the phone book of larger cities, can help you get your job back.
HOW MUCH OF YOUR PAY WILL BE WITHHELD?
The reverse of the Earnings Withholding Order (abbreviated in this notice as EWO) that applies to you contains Employer
Instructions. These explain how much of your earnings can be withheld. Generally, the amount is about 20% of your take
home pay until the amount due has been withheld. The levying officer will notify the employee of an additional
assessment charged for paying out money collected under this order and that amount will also be withheld.
If you have trouble figuring this out, ask your employer for help.
YES. There are several possibilities.
IS THERE ANYTHING YOU CAN DO?
1. See an attorney. If you do not know an attorney, check with the lawyer referral service or the legal aid office in your
county (both are listed in the yellow pages under "Attorneys").
An attorney may be able to help you make an agreement with your creditor, or may be able to help you stop your
earnings from being withheld. You may wish to consider bankruptcy or asking the bankruptcy court to help you pay
your creditors. These possibilities may stop your wages from being withheld.
An attorney can help you decide what is best for you. Take your EWO to the attorney to help you get the best advice
and the fastest help.
2. Try to work out an agreement yourself with your creditor. Call the creditor or the creditor's attorney, listed on the
EWO. If you make an agreement, the withholding of your wages will stop or be changed to a smaller amount you
agree on. (See item 4 on the reverse for another way to make an offer to your creditor.)
3. You can ask for an EXEMPTION. An exemption will protect more, or maybe even all of your earnings. You can get an
exemption if you need your earnings to support yourself or your family, but you cannot get an exemption if:
a. You use some of your earnings for luxuries and they aren't really necessary for support; OR
b. You owe money to an attorney because of a court order in a family law case; OR
c. You owe the debt for past due child support of spousal support (alimony); OR
d. You owe the debt to a former employee for wages.
HOW DO YOU ASK FOR AN EXEMPTION?
(See the other side of this form for instructions about claiming an exemption.)
Form Adopted for Mandatory
Use Judicial Council of California
WG-003 [Rev. September j, 2023]
EMPLOYEE INSTRUCTIONS
(Wage Garnishment)
Page 1 of 2
Code of Civil Procedure, § 706 122
www.cour[s ca.aov
WG-003
HOW DO YOU AS"K FOR AN EXEMPTION?
1. Call or write the levying officer for three (3) copies each of
the forms called "Claim of Exemption" and "Financial
Statement." These forms are free. The name and address
of the levying officer are in the big box on the right at the top
of the EWO.
2. Fill out both forms. On the forms are some sentences or
words which have boxes € in front of them. The box
means the words which follow may not apply to your case. If
the words do apply, put a check in the box.
Remember, it is your job to prove with the Financial
Statement form that your earnings are needed for suppof.
Write down the details about your needs.
3. For example, if your child has special medical expenses, tell
which child, what illnesses, who the doctor is, how ofien the
doctor must be visited, the cost per visit, and the costs of
medicines. These details should be listed in item 6. If you
need more space, put "See attachment 6" and attach a typed
8% by 11 sheet of paper on which you have explained your
expenses in detail.
4. You can use the Claim of Exemption form to make an offer to
the
judgment creditor to have a specified amount withheld each
pay period. Complete item 3 on the form to indicate the
amount you agree to have withheld each pay day during the
withholding period. (Be sure it's less than the amount to be
withheld otherwise.) If your creditor accepts your offer, he will
not oppose your claim of exemption. (See (1) below. )
5. Sign the Claim of Exemption and Financial Statement forms.
Be sure the Claim of Exemption form shows the address where
you receive mail.
6. Mail or deliver two (2) copies of each of the two forms to the
levying officer. Keep one copy for yourself in case a court
hearing is necessary.
Do not use the Claim of Exemption and Financial Statement
forms to seek a modification of child support or alimony
payments. These payments can be modified only by the family
law court that ordered them.
FILE YOUR CLAIM OF EXEMPTION A S SOON AS POSSIBLE
FOR THE MOSTPROTECTION.
ONE OF TWO THINGS WILL HAPPEN NEXT
(1) The judgment creditor will not oppose (object to) your claim
of exemption. If this happens, after 10 days the levying officer
will tell your employer to stop withholding or withhold less
from your earnings. The part (or all) of your earnings needed
for support will be paid to you or paid as you direct. And you
will get back earnings the levying officer or your employer
were holding when you asked for the exemption.
-OR-
(2) The creditor will oppose (object to) your claim of exemption. If
this happens, you will receive a Notice of Opposition and
Notice of Hearing on Claim of Exemption, in which the
creditor states why your exemption should not be allowed. A
box in the middle of the Notice of Hearing tells you the time
and place of the court hearing which will be in about ten
days. Be sure to go to the hearing if you can.
If the judgment creditor has checked the box in item 3 on the
Notice of Hearing on Claim of Exemption, the creditor will not be
in court. If you are willing to have the court make its decision
based on your Financial Statement and the creditor's Notice of
Opposition, you need not go to the hearing.
you prove your Claim of Exemption and Financial Statement are
correct and your earnings are needed to support yourself or your
family.
Perhaps you can even prove the Notice of Opposition is wrong.
For example, perhaps the Notice of Opposition states that the
judgment was for wages for a past employee. You may be able
to provide evidence that the person was not an employee or
that the debt was not ror wages.
If the judge at the hearing agrees with you, your employer will be
ordered to stop withholding your earnings or withhold less
money. The judge can even order that the EWO end before the
hearing (so you would get some earnings back).
If the judge does not agree with you, the withholding will
continue unless you appeal to a higher court. The rules for
appeals are complex so you should see an attorney if you want
to appeal.
If you have one court hearing, you should not file another Claim of
Exemption about the same EWO unless your finances have
gotten worse in an important way.The Notice of Opposition to Claim of Exemption will tell you why
the creditor thinks your claim should not be allowed. If you go to
the hearing, take any bills, paycheck stubs, cancelled checks, or If your EWO is to be changed or ended, the levying officer must
other evidence (including witnesses) that will help sign the notice to your employer of the change. He may give you
permission to deliver it to the employer, or it can be mailed.
WHAT HAPPENS TO YOUR EARNINGS IF YOU FILE A CLAIM OF EXEMPTION?
Your employer must continue to hold back part of your earnings
for the EWO until he receives a notice signed by the levying
officer to change the order or end it early.
The levying officer will keep your withheld earnings until your
Claim of Exemption is denied or takes effect. At that time your
earnings will be paid according to the law that applies to your
case.
REGARDING CHILD SUPPORT
If you are obligated to make child support payments, the local
child support agency may help you to have an Order Assigning
Salary or Wages entered. This order has the top priority claim on
your earnings. When it is in effect, little or no money may be
available to be withheld for an EWO. And, if the local child
support agency is involved in collecting this support from you, it
may agree to accept less money if this special order is entered.
WHAT IF YOU STILL HAVE QUESTIONS?
If you cannot see an attorney, or don't want to see an attorney,
you might be able to answer some of your questions by reading
the law in a law library. Ask the law librarian to help you find
sections 706.050 and 706.105 of the California Code of Civil
Procedure. Other sections of the code, beginning with section
706.010 may also answer some of your questions.
Also, the office of the Wage and Hour Division of the u.s.
Department of Labor may be able to answer some of your
questions. Offices are listed in the telephone directory under the
u.s. Department of Labor in the u.s. Government listing.
Page 2 of 2
WG-003 [Rev September12023]
EMPLOYEE INSTRUCTIONS (Wage Garnishment)
RETURN TO LEVYING- OFFICER. 00 NOT FILE WITH COURT WG-006
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stake Barnumber and address) FOR LEVYING OFFICER USE ONLY
(Levying Officer Name and Address)
TELEPHONENO.: FAXNO.(Opkrona0:
EMAIL ADDRESS (Op[lonal):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
STREET ADDRESS: j 91 N. First Street
MAILING ADDRESS:
CITY AND ZIP CODE: San Jose CA 95113
BRANCH NAME:
PLAINTIFF/PETITIONER: Synchrony Bank
DEFENDANT/RESPONDENT: Brandon Morales
CLAIM OF EXEMPTION
(Wage Garnishment)
READ EMPLOYEE INSTRUCTIONS (FORM WG-003)
BEFORE COMPLETING THIS FORM
Copy a// the information required above (except the top left space) from the
Earnings Withholding Order. The top left space is for your name or your attorney's
name and address. The original and one copy of this form with the Financial
Statement attached must be filed with the levying officer.
DO NOT FILE WITH THE COURT.
1. My name is:
1. I need the the following earnings to support myself or my family (check a or b):
a. [1 All earnings
a. [] $ each pay period.
2. Please send all papers to
[] me
[] my attorney
at the address [] shown above [1 following (specify).'
Santa Clara County Sheriff
55 West Younger Avenue
San Jose CA 95110-1722
(408)808-4800
LEVYING OFFICER FILE NUMBER:
FOR COURT USE ONLY
CASE NUMBER:
22CV402942
3. I am willing for the following amount to be withheld from my earnings each pay period during the withholding period. I understand
that the judgment creditor can accept this offer by not opposing the Claim of Exemption, which will result in the following
sum being withheld each pay period (check a or b):
a. [1 None
a. g Withhold $
4. I am paid
0 daily
[] weekly
[] every two weeks
[] twice a month
each pay period
[1 monthly
[1 other (specify).'
NOTE: You must attach a properly completed Financial Statement form to this Claim of Exemption.
The Financial Statement form is available without charge from the levying officer.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME)
Ftxm Approved for Optional Use
Judicial Council of California
WG-006 [Rev January 1, 2009]
CLAIM OF EXEMPTION
(Wage Garnishment)
(SIGNATURE OF DECkARANT)
Page 1 of 1
Code of Civil Procedure, F) 706 j24
www courlrnfo ca gov
WG-007/EJ-165
SHORT TITLE:
Synchrony Bank v. Brandon Morales
LEWING OFFICER FILE NO COURT CASE NO
22CV 402942
FINANCIAL ST ATEMENT
(Wage Garnishment-Enforcement of Judgment)
NOTE: If you are married, this form must be signed by your spouse unless you and your spouse are living separate and apart.
If this form is not signed by your spouse, check the applicable box on the reverse in item 9.
1. The following persons other than myself depend,in whole or in part, on me or my spouse for support:
a.
NAME AGE RELATIONSHIP TO ME
Spouse
MONTHLY TAKE-HOME
INCOME & SOURCE
1. My monthly income
a. My gross monthly pay is:....................................................................................2a. $
a. My payroll deductions (specify purpose and amount):
(1) Federal and state withholding, FICA, and SDI......... $
(1) $
(2) $
(3) $
My TOTAL payroll deduction amount is (add (1) through (4)):.......................................... b. $
b. My monthly take-home pay is (a minus b): CA BOA STIP 4 PIF and CA BOA STIP 4 SIF c. $
c. Other money I get each month from (specify source):
is......................... d. $
d.TOTAL MONTHLY INCOME (c plus d)e. $
2. 1, my spouse, and my other dependents own the following property:
a. Cash:............
a. Checking, savings, and credit union accounts (list banks):
(1) $
(1) $
(2) $
b. Cars, other vehicles, and boat equity (list make, year of each):
(1) $
(1) $
(2) $
c. Real estate equity.....
d. Other personal property (iewelry, furniture, furs, stocks, bonds, etc.) (listseparately).'
3a. $
b. $
e. $
WG-007/EJ'l65 [Rev January j, 2007]FINANCIAL ST ATEMENT
(Wage Garnishment-Enforcement of Judgment)
Page 10f 2
WG-007/EJ-165
SHORT TITLE:
Synchrony Bank v. Brandon Morales
LEWING OFFICER FILE NO COURT CASE NO
22CV 402942
4. The monthly expenses for me, my spouse, and my other dependents
a. Rent or house payment and maintenance..........................................
a. Food and household supplies
b. Utilities and telephone
c. Clothing
d. Medical and dental payments
e. Insurance (life, health, accident, etc.)
f. School, child care
g. Child, spousal support (prior marriage)
I. Transportation & auto expenses (insurance, gas, repair) (list car payments in item 5)
j. lnstallmentpayments(inserttotalanditemizebelowinitem5)...............
j. Laundry and cleaning
k. Entertainment
1. Other (specify):
. 4 a. $
.b. $
.c. $
..CI. $
..e. $
..f. $
..g. $
..h. $
.......................i. $
..i. $
.k. $
m. TOTAL MONTHLY EXPENSES (add a through m)
5. I, my spouse, and my other dependents owe the following debts:
CREDITOR'S NAME FOR MO. PAYMENTS BALANCE OWED
m. $
n. $
OWED BY
(State person's name)
6. Other facts which support this Claim of Exemption (i.e., unusual medical needs, school tuition, expenses for recent family
emergencies, or other unusual expenses to help your creditor and the judge understand your budget) (describe).' (If more space
is needed, attach page labeled Attachment 6.)
7. 0 An earnings withholding order is now in effect with respect to my earnings or those of my spouse or dependents named in item
1 (specify each person's name and monthly amount):
8. [1 A wage assignment for support is now in effect with respect to my earnings or those of my spouse or dependents named in
item'1 (specify each person's name and monthly amount):
8. 0 My spouse has signed below.
01 have no spouse.
[] My spouse and I are living separate and apart.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
[TYPE OR PRINT NAME)
(TYPE OR PRINT NAME OF S POUSE)
(SIGNATURE)
[SIGNATURE OF SPOUSE)
WG-007/EJ-'165 [Rev January i2007]FINANCIAL ST ATEMENT
(Wage Garnishment-Enforcement of Judgment)
Page 2 of 2