California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 9 — Enforcement of Judgments, Division 2 — Enforcement of Money Judgments, Chapter 5 — Wage Garnishment, Article 7 — Administration and Enforcement, Section 706.154

(a) If an employer fails to withhold or to pay over the amount the employer is required to withhold and pay over pursuant to this chapter, the judgment creditor may bring a civil action against the employer to recover such amount. The remedy provided by this subdivision is not exclusive.

(b) Notwithstanding subdivision (a), an employer who complies with any written order or written notice which purports to be given or served in accordance with the provisions of this chapter is not subject to any civil or criminal liability for such compliance unless the employer has actively participated in a fraud.

Notes

Allows a judgment creditor to sue an employer that fails to withhold or pay over amounts required under the chapter, without making that remedy exclusive. An employer that complies with a written order or notice purporting to follow the chapter is exempt from civil or criminal liability for that compliance unless the employer actively participated in fraud.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 706.154 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-9/division-2/chapter-5/article-7/section-706-154

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