Wg 005 Form PDF Details

In today's financial landscape, compliance and clear communication between legal authorities, employers, and employees are critical. The WG-005 form, mandated by the Superior Court of California, serves as a pivotal document within this ecosystem. Designed as an Employer's Return (Wage Garnishment), this form is an essential part of ensuring that wage garnishment orders are executed accurately and within the bounds of the law. Employers are required to meticulously complete and return both copies of this document to the levying officer within a strict 15-day window upon receiving an Earnings Withholding Order. It's more than just paperwork; it's a legal obligation that, if neglected, could result in the imposition of attorney fees and other civil penalties against the employer. The WG-005 form demands specific information about the employee in question, including their employment status, earnings, and pay period details. Furthermore, it navigates the complex hierarchy of various types of withholding orders, ensuring that employers prioritize them correctly. Employers must declare, under penalty of perjury, the accuracy and completeness of the information provided. This document not only underscores the legal responsibilities employers have towards wage garnishments but also acts as a safeguard for employees' rights under both federal and California law. It is an indispensable tool in the wage garnishment process, illustrating the interplay between legal obligations and the protection of employees' earnings.

QuestionAnswer
Form NameWg 005 Form
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namesreturn wage, wg 005 employer return, ca garnishment form, california wg 005 form

Form Preview Example

WG-005

ATTORNEY OR PARTY WITHOUT ATTORNEY

STATE BAR NUMBER:

LEVYING OFFICER (name and address):

NAME:

 

 

 

FIRM NAME:

 

 

 

STREET ADDRESS:

 

 

 

CITY:

STATE:

ZIP CODE:

 

TELEPHONE NO.:

FAX NO.:

 

 

E-MAIL ADDRESS:

 

 

 

ATTORNEY FOR (name):

 

 

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PLAINTIFF/PETITIONER:

COURT CASE NUMBER:

DEFENDANT/RESPONDENT:

EMPLOYER'S RETURN

(Wage Garnishment)

LEVYING OFFICER FILE NUMBER:

EMPLOYER: You must complete both copies of this form and mail them to the levying officer within 15 days.

Please correct any errors in the mailing information below 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 CIVIL PENALTIES.

Name and address of employer

 

 

 

Name and address of employee

 

 

 

 

 

Attn:

Social Security No.

 

(Insert name above)

on form WG-035

unknown

1.I received the Earnings Withholding Order on (date):

2.The employee is

a.

 

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.

 

daily

b.

 

weekly

c.

 

every two weeks

 

 

 

d.

 

twice a month

e.

 

monthly

f.

 

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.

 

(Continued on reverse)

Page 1 of 2

 

 

 

 

 

Form Adopted for Mandatory Use

EMPLOYER'S RETURN

Code of Civil Procedure, § 706.126

Judicial Council of California

www.courts.ca.gov

(Wage Garnishment)

WG-005 [Rev. September 1, 2017]

 

WG-005

SHORT TITLE:

LEVYING OFFICER FILE NUMBER:

COURT CASE NUMBER:

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)

First priority

Earnings Withholding Order for Support

Second priority

Earnings Withholding Order for Taxes

Third priority

Earnings Withholding Order for Elder or Dependent Adult Financial Abuse

Fourth priority

Earnings Withholding Order

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.

5.

a.

b.

c.

d.

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).

The employer has received another order affecting the employee's earnings and earnings are being withheld for the other order because:

The other order was received first. The other order was received on (date):

This order does not have higher priority.

A copy of the other order is attached. (Retain original for your records. If a copy is not attached, complete item d.) 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, address, and file number:

(3)Total amount to be withheld: $

6. 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 CIVIL PENALTIES AND ATTORNEY FEES.

WG-005 [Rev. September 1, 2017]

EMPLOYER'S RETURN

(Wage Garnishment)

Page 2 of 2

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When it comes to blank fields of this precise form, this is what you should consider:

1. Start completing your employer garnishment form with a selection of necessary blanks. Collect all of the important information and be sure not a single thing forgotten!

Completing segment 1 in completing form wg 005 instructions for terminated employee

2. Once the last segment is done, you're ready to include the required details in Name and address of employer, Name and address of employee, Attn, Insert name above, I received the Earnings, date, The employee is, Social Security No, on form WG, unknown, not employed by this employer if, now employed by this employer and, The employees pay period is, daily, and twice a month allowing you to go further.

Completing section 2 of completing form wg 005 instructions for terminated employee

3. The following portion is all about SHORT TITLE, LEVYING OFFICER FILE NUMBER, COURT CASE NUMBER, If you have received other orders, Wage and Earnings Assignment Order, First priority Second priority, If two or more orders have the, This order appears to have higher, The employer has received another, The other order was received first, The other order was received on, and This order does not have higher - fill out every one of these blanks.

If you have received other orders, The other order was received first, and COURT CASE NUMBER inside completing form wg 005 instructions for terminated employee

It is easy to get it wrong while filling in the If you have received other orders, so ensure that you reread it before you submit it.

4. The following paragraph comes next with these blank fields to focus on: A copy of the other order is, A copy of the other order is NOT, Court name address and case number, Levying officer name address and, Total amount to be withheld, This order is not effective for, I declare under penalty of perjury, Date, TYPE OR PRINT NAME, SIGNATURE OF DECLARANT, and If an Earnings Withholding Order.

Guidelines on how to prepare completing form wg 005 instructions for terminated employee part 4

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