Earliest new earnings withholding order to same employer after court termination: 100 days after service of the terminated order (alternative 1 of 2)
100 days after date the terminated earnings withholding order was served on the employer, under Cal. Code Civ. Proc. 706.105(h).
Rule text
CCP 706.105(h): "If the earnings withholding order is terminated by the court, unless the court otherwise orders or unless there is a material change of circumstances since the time of the last prior hearing on the earnings withholding order, the judgment creditor may not apply for another earnings withholding order directed to the same employer with respect to the same judgment debtor for a period of 100 days following the date of service of the earnings withholding order or 60 days after the date of the termination of the order, whichever is later."
Calculate this deadline
- Trigger (Date the terminated earnings withholding order was served on the employer): Friday, November 6, 2026.
- Exclude the trigger day and count 100 calendar days: Sunday, February 14, 2027.
- That day is a Sunday, but this date is fixed by the rule and does not move: Sunday, February 14, 2027.
- The period includes its last day, so the earliest day to act is the next court day: Tuesday, February 16, 2027.
Cal. Code Civ. Proc. 706.105(h)
CCP 706.105(h): "If the earnings withholding order is terminated by the court, unless the court otherwise orders or unless there is a material change of circumstances since the time of the last prior hearing on the earnings withholding order, the judgment creditor may not apply for another earnings withholding order directed to the same employer with respect to the same judgment debtor for a period of 100 days following the date of service of the earnings withholding order or 60 days after the date of the termination of the order, whichever is later."Official source
Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." CCP 12b: "If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135."Official source
- 'Whichever is later': compute both this rule and ewo_reapplication_bar_60_days_after_termination; the creditor may not apply until after the LATER date. Waiting period, not a filing deadline (roll none). Does not apply if the court otherwise orders or circumstances materially changed.
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date the terminated earnings withholding order was served on the employer on Monday, March 15, 2027, personal service: due Thursday, June 24, 2027.
- Trigger (Date the terminated earnings withholding order was served on the employer): Monday, March 15, 2027.
- Exclude the trigger day and count 100 calendar days: Wednesday, June 23, 2027.
- The period includes its last day, so the earliest day to act is the next court day: Thursday, June 24, 2027.
Notes
'Whichever is later': compute both this rule and ewo_reapplication_bar_60_days_after_termination; the creditor may not apply until after the LATER date. Waiting period, not a filing deadline (roll none). Does not apply if the court otherwise orders or circumstances materially changed.
Related deadlines
- Claim of exemption after levy (notice of levy personally served): 15 days after service (15 days after)
- Claim of exemption after levy (notice of levy served by mail): 20 days after service (20 days after)
- Judgment creditor's notice of opposition to claim of exemption and notice of motion: 15 days after service of notice of claim of exemption (15 days after)
- Hearing on claim of exemption: not later than 30 days after notice of motion filed (30 days after)
- Judgment creditor serves notice of hearing and opposition on exemption claimant: not less than 10 days before hearing (10 days before)
- Wage garnishment: judgment creditor's notice of opposition to claim of exemption: 10 days after levying officer mailed notice of claim (10 days after)
- Wage garnishment: judgment creditor's notice of motion for hearing on claim of exemption: 10 days after levying officer mailed notice of claim (10 days after)
- Wage garnishment: hearing on claim of exemption not later than 30 days after notice of motion filed (30 days after)
Local rules by county
County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
Rules current as of 2026-10-25. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.