Legal Question in Administrative Law in California

Re: Wage Garnishment

It depends, I suppose, on who you are and the purpose of the garnishment. It may also depend upon whether the employer's failure to remit is unintentional or done with intent to defraud, or something else.

Garnishments can be to enforce child or spousal support orders, to enforce civil judgments, or to collect taxes due, perhaps among other things. The remedies and possible penalties differ.

The range of possible penalties and remedies includes, depending upon the circumstances, the creditor's right to bring a civil suit for damages against the employer. Possibly a small claims suit would be useful in your case. The dollar limit is now $7,500.

See Code of Civil Procedure 706.154(a) creating the creditor's right to sue the employer for failing to withhold or pay over the required sums. Other provisions make it a misdemeanor for the employer to engage in fraud. If you suspect that the employer is fraudulently sheltering this employee from loss of pay, you might want to make a police report to their white-collar crimes investigation unit.