SECTIONS 703.510-703.610 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 703.510-703.610

703.510. (a) Except as otherwise provided by statute, property that
has been levied upon may be claimed to be exempt as provided in this
article.
(b) If property that is exempt without making a claim is levied
upon, it may be released pursuant to the exemption procedure provided
in this article.

703.520. (a) The claimant may make a claim of exemption by filing
with the levying officer a claim of exemption together with a copy
thereof. The claim shall be made within 10 days after the date the
notice of levy on the property claimed to be exempt was served on the
judgment debtor.
(b) The claim of exemption shall be executed under oath and shall
include all of the following:
(1) The name of the claimant and the mailing address where service
of a notice of opposition to the claim may be made upon the
claimant.
(2) The name and last known address of the judgment debtor if the
claimant is not the judgment debtor.
(3) A description of the property claimed to be exempt. If an
exemption is claimed pursuant to Section 704.010 or 704.060, the
claimant shall describe all other property of the same type
(including exempt proceeds of property of the same type) owned by the
judgment debtor alone or in combination with others on the date of
levy and identify the property, whether or not levied upon, to which
the exemption is to be applied. If an exemption is claimed pursuant
to subdivision (b) of Section 704.100, the claimant shall state the
nature and amount of all other property of the same type owned by the
judgment debtor or the spouse of the judgment debtor alone or in
combination with others on the date of levy.
(4) A financial statement if required by Section 703.530.
(5) A citation of the provision of this chapter or other statute
upon which the claim is based.
(6) A statement of the facts necessary to support the claim.

703.530. (a) If property is claimed as exempt pursuant to a
provision exempting property to the extent necessary for the support
of the judgment debtor and the spouse and dependents of the judgment
debtor, the claim of exemption shall include a financial statement.
(b) The financial statement shall include all of the following
information:
(1) The name of the spouse of the judgment debtor.
(2) The name, age, and relationship of all persons dependent upon
the judgment debtor or the spouse of the judgment debtor for support.
(3) All sources and the amounts of earnings and other income of
the judgment debtor and the spouse and dependents of the judgment
debtor.
(4) A list of the assets of the judgment debtor and the spouse and
dependents of the judgment debtor and the value of such assets.
(5) All outstanding obligations of the judgment debtor and the
spouse and dependents of the judgment debtor.
(c) The financial statement shall be executed under oath by the
judgment debtor and, unless the spouses are living separate and
apart, by the spouse of the judgment debtor.

703.540. Promptly after the filing of the claim of exemption, the
levying officer shall serve both of the following on the judgment
creditor personally or by mail:
(a) A copy of the claim of exemption.
(b) A notice of claim of exemption stating that the claim of
exemption has been made and that the levying officer will release the
property unless, within the time allowed as specified in the notice,
both of the following are filed with the levying officer:
(1) A copy of the notice of opposition to the claim of exemption.
(2) A copy of the notice of motion for an order determining the
claim of exemption.

703.550. Within 10 days after service of the notice of claim of
exemption, a judgment creditor who opposes the claim of exemption
shall file with the court a notice of opposition to the claim of
exemption and a notice of motion for an order determining the claim
of exemption and shall file with the levying officer a copy of the
notice of opposition and a copy of the notice of motion. Upon the
filing of the copies of the notice of opposition and notice of
motion, the levying officer shall promptly file the claim of
exemption with the court. If copies of the notice of opposition and
notice of motion are not filed with the levying officer within the
time allowed, the levying officer shall immediately release the
property to the extent it is claimed to be exempt.

703.560. The notice of opposition to the claim of exemption shall
be executed under oath and shall include both of the following:
(a) An allegation either (1) that the property is not exempt under
the provision of this chapter or other statute relied upon or (2)
that the equity in the property claimed to be exempt is in excess of
the amount provided in the applicable exemption.
(b) A statement of the facts necessary to support the allegation.

703.570. (a) The hearing on the motion shall be held not later than
20 days from the date the notice of motion was filed with the court
unless continued by the court for good cause.
(b) Not less than 10 days prior to the hearing, the judgment
creditor shall serve a notice of the hearing and a copy of the notice
of opposition to the claim of exemption on the claimant and on the
judgment debtor, if other than the claimant. Service shall be made
personally or by mail.

703.580. (a) The claim of exemption and notice of opposition to the
claim of exemption constitute the pleadings, subject to the power of
the court to permit amendments in the interest of justice.
(b) At a hearing under this section, the exemption claimant has
the burden of proof.
(c) The claim of exemption is deemed controverted by the notice of
opposition to the claim of exemption and both shall be received in
evidence. If no other evidence is offered, the court, if satisfied
that sufficient facts are shown by the claim of exemption (including
the financial statement if one is required) and the notice of
opposition, may make its determination thereon. If not satisfied, the
court shall order the hearing continued for the production of other
evidence, oral or documentary.
(d) At the conclusion of the hearing, the court shall determine by
order whether or not the property is exempt in whole or in part.
Subject to Section 703.600, the order is determinative of the right
of the judgment creditor to apply the property to the satisfaction of
the judgment. No findings are required in a proceeding under this
section.
(e) The court clerk shall promptly transmit a certified copy of
the order to the levying officer. Subject to Section 703.610, the
levying officer shall, in compliance with the order, release the
property or apply the property to the satisfaction of the money
judgment.
(f) Unless otherwise ordered by the court, if an exemption is not
determined within the time provided by Section 703.570, the property
claimed to be exempt shall be released.

703.590. If the court extends the time allowed for an act to be
done under this article, written notice of the extension shall be
filed with the levying officer and, unless notice is waived, shall be
served promptly on the opposing party. Service shall be made
personally or by mail.

703.600. An appeal lies from any order made under this article.

703.610. (a) Except as otherwise provided by statute or ordered by
the court, the levying officer shall not release, sell, or otherwise
dispose of the property for which an exemption is claimed until an
appeal is waived, the time to file an appeal has expired, or the
exemption is finally determined.
(b) At any time while the exemption proceedings are pending, upon
motion of the judgment creditor or a claimant, or upon its own
motion, the court may make any orders for disposition of the property
that may be proper under the circumstances of the case. The order
may be modified or vacated by the court at any time during the
pendency of the exemption proceedings upon any terms that are just.
(c) If an appeal of the determination of a claim of exemption is
taken, notice of the appeal shall be given to the levying officer and
the levying officer shall hold, release, or dispose of the property
in accordance with the provisions governing enforcement and stay of
enforcement of money judgments pending appeal.