CHAPTER 4. Exemptions [703.010. - 704.995.]

Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2.

§§ 703.010–704.995 · 82 sections

1. ARTICLE 1. General Provisions §§ 703.010–703.150 · 15 sections

   • § 703.010 Except as otherwise provided by statute: (a) The exemptions provided by this chapter or by any other statute apply to all procedures for enforcement of a money…
   • § 703.020 (a) The exemptions provided by this chapter apply only to property of a natural person. (b) The exemptions provided in this chapter may be claimed by any of…
   • § 703.030 (a) An exemption for property that is described in this chapter or in any other statute as exempt may be claimed within the time and in the manner prescribed…
   • § 703.040 A purported contractual or other prior waiver of the exemptions provided by this chapter or by any other statute, other than a waiver by failure to claim an…
   • § 703.050 (a) The determination whether property is exempt or the amount of an exemption shall be made by application of the exemption statutes in effect (1) at the time…
   • § 703.060 (a) The Legislature finds and declares that generally persons who enter into contracts do not do so in reliance on an assumption that the exemptions in effect…
   • § 703.070 Except as otherwise provided by statute: (a) The exemptions provided by this chapter or by any other statute apply to a judgment for child, family, or spousal…
   • § 703.080 (a) Subject to any limitation provided in the particular exemption, a fund that is exempt remains exempt to the extent that it can be traced into deposit…
   • § 703.090 If a judgment creditor has failed to oppose a claim of exemption within the time allowed by Section 703.550 or if property has been determined by a court to be…
   • § 703.100 (a) Subject to subdivision (b), the determination whether property is exempt shall be made under the circumstances existing at the earliest of the following…
   • § 703.110 If the judgment debtor is married: (a) The exemptions provided by this chapter or by any other statute apply to all property that is subject to enforcement of…
   • § 703.115 In determining an exemption based upon the needs of the judgment debtor and the spouse and dependents of the judgment debtor or an exemption based upon the…
   • § 703.130 Pursuant to the authority of paragraph (2) of subsection (b) of Section 522 of Title 11 of the United States Code, the exemptions set forth in subsection (d)…
   • § 703.140 (a) In a case under Title 11 of the United States Code, all of the exemptions provided by this chapter, including the homestead exemption, other than the…
   • § 703.150 (a) On April 1, 2004, and at each three-year interval ending on April 1 thereafter, the dollar amounts of exemptions provided in subdivision (b) of Section…
2. ARTICLE 2. Procedure for Claiming Exemptions After Levy §§ 703.510–703.610 · 11 sections

   • § 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 in a…
   • § 703.520 (a) The claimant may make a claim of exemption by filing with the levying officer, either in person or by mail, a claim of exemption together with a copy of…
   • § 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…
   • § 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)…
   • § 703.550 (a) Within 15 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…
   • § 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…
   • § 703.570 (a) (1) The hearing on the motion shall be held not later than 30 days from the date the notice of motion was filed with the court unless continued by the…
   • § 703.580 (a) The claim of exemption and notice of opposition to the claim of exemption do not constitute an appearance pursuant to Section 1014. The power of the court…
   • § 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,…
   • § 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…
3. ARTICLE 3. Exempt Property §§ 704.010–704.235 · 30 sections

   • § 704.010 (a) Any combination of the following is exempt in the amount of seven thousand five hundred dollars ($7,500): (1) The aggregate equity in motor vehicles. (2)…
   • § 704.020 (a) Household furnishings, appliances, provisions, wearing apparel, and other personal effects are exempt in the following cases: (1) If ordinarily and…
   • § 704.030 Material that in good faith is about to be applied to the repair or improvement of a residence is exempt if the equity in the material does not exceed three…
   • § 704.040 Jewelry, heirlooms, and works of art are exempt to the extent that the aggregate equity therein does not exceed eight thousand seven hundred twenty-five…
   • § 704.050 (a) Health aids reasonably necessary to enable the judgment debtor or the spouse or a dependent of the judgment debtor to work or sustain health, and…
   • § 704.060 (a) Tools, implements, instruments, materials, uniforms, furnishings, books, equipment, one commercial motor vehicle, one vessel, and other personal property…
   • § 704.070 (a) As used in this section: (1) “Earnings withholding order” means an earnings withholding order under Chapter 5 (commencing with Section 706.010) (Wage…
   • § 704.080 (a) For the purposes of this section: (1) “Deposit account” means a deposit account in which payments of public benefits or social security benefits are…
   • § 704.090 (a) The funds of a judgment debtor confined in a prison or facility under the jurisdiction of the Department of Corrections or the Department of the Youth…
   • § 704.100 (a) Unmatured life insurance policies (including endowment and annuity policies), but not the loan value of such policies, are exempt without making a claim.…
   • § 704.105 Money held in an account owned by the judgment debtor and established pursuant to the Golden State Scholarshare Trust Act (Article 19 (commencing with Section…
   • § 704.110 (a) As used in this section: (1) “Public entity” means the state, or a city, city and county, county, or other political subdivision of the state, or a public…
   • § 704.111 Alimony, support, and separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, are exempt.
   • § 704.113 (a) As used in this chapter, “vacation credits” means vacation credits accumulated by a state employee pursuant to Section 19858.1 of the Government Code or by…
   • § 704.114 (a) Notwithstanding any other provision of law, service of an earnings assignment order for support, or an order or notice to withhold income for child support…
   • § 704.115 (a) As used in this section, “retirement plan” means: (1) Private retirement plans, including, but not limited to, union retirement plans. (2) Profit-sharing…
   • § 704.120 (a) Contributions by workers payable to the Unemployment Compensation Disability Fund and by employers payable to the Unemployment Fund are exempt without…
   • § 704.130 (a) Before payment, benefits from a disability or health insurance policy or program are exempt without making a claim. After payment, the benefits are exempt.…
   • § 704.140 (a) Except as provided in Article 5 (commencing with Section 708.410) of Chapter 6, a cause of action for personal injury is exempt without making a claim. (b)…
   • § 704.150 (a) Except as provided in Article 5 (commencing with Section 708.410) of Chapter 6, a cause of action for wrongful death is exempt without making a claim. (b)…
   • § 704.160 (a) Except as provided by Chapter 1 (commencing with Section 4900) of Part 3 of Division 4 of the Labor Code, before payment, a claim for workers’ compensation…
   • § 704.170 Before payment, aid provided pursuant to Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or similar aid provided by a…
   • § 704.180 Before payment, relocation benefits for displacement from a dwelling which are to be paid pursuant to Chapter 16 (commencing with Section 7260) of Division 7…
   • § 704.190 (a) As used in this section, “institution of higher education” means “institution of higher education” as defined in Section 1141(a) of Title 20 of the United…
   • § 704.200 (a) As used in this section: (1) “Cemetery” has the meaning provided by Section 7003 of the Health and Safety Code. (2) “Family plot” is a plot that satisfies…
   • § 704.210 Property that is not subject to enforcement of a money judgment is exempt without making a claim.
   • § 704.220 (a) Money in the judgment debtor’s deposit account in an amount equal to or less than the minimum basic standard of adequate care for a family of four for…
   • § 704.225 Money in a judgment debtor’s deposit account that is not otherwise exempt under this chapter is exempt to the extent necessary for the support of the judgment…
   • § 704.230 Money provided to the judgment debtor by the Federal Emergency Management Agency (FEMA) is exempt without making a claim.
   • § 704.235 (a) A one-time lump-sum payment made from a HOPE trust account, as defined in subdivision (a) of Section 18997.51 of the Welfare and Institutions Code, shall…
4. ARTICLE 4. Homestead Exemption §§ 704.710–704.850 · 15 sections

   • § 704.710 As used in this article: (a) “Dwelling” means a place where a person resides and may include but is not limited to the following: (1) A house together with the…
   • § 704.720 (a) A homestead is exempt from sale under this division to the extent provided in Section 704.800. (b) If a homestead is sold under this division or is damaged…
   • § 704.730 (a) The amount of the homestead exemption is the greater of the following: (1) The countywide median sale price for a single-family home in the calendar year…
   • § 704.740 (a) Except as provided in subdivision (b), the interest of a natural person in a dwelling may not be sold under this division to enforce a money judgment…
   • § 704.750 (a) Promptly after a dwelling is levied upon (other than a dwelling described in subdivision (b) of Section 704.740), the levying officer shall serve notice on…
   • § 704.760 The judgment creditor’s application shall be made under oath, shall describe the dwelling, and shall contain all of the following: (a) A statement whether or…
   • § 704.770 (a) Upon the filing of the application by the judgment creditor, the court shall set a time and place for hearing and order the judgment debtor to show cause…
   • § 704.780 (a) The burden of proof at the hearing is determined in the following manner: (1) If the records of the county tax assessor indicate that there is a current…
   • § 704.790 (a) This section applies in any case where the court makes an order for sale of the dwelling upon a hearing at which none of the following appeared: (1) The…
   • § 704.800 (a) If no bid is received at a sale of a homestead pursuant to a court order for sale that exceeds the amount of the homestead exemption plus any additional…
   • § 704.810 Levy on a homestead that is subject to a lien or encumbrance is not by itself grounds for acceleration of the obligation secured by the lien or encumbrance,…
   • § 704.820 If the dwelling is owned by the judgment debtor as a joint tenant or tenant in common or if the interest of the judgment debtor in the dwelling is a leasehold…
   • § 704.830 The provisions of Sections 703.590 and 703.600 apply to proceedings under this article.
   • § 704.840 (a) Except as provided in subdivision (b), the judgment creditor is entitled to recover reasonable costs incurred in a proceeding under this article. (b) If no…
   • § 704.850 (a) The levying officer shall distribute the proceeds of sale of a homestead in the following order: (1) To the discharge of all liens and encumbrances, if…
5. ARTICLE 5. Declared Homesteads §§ 704.910–704.995 · 11 sections

   • § 704.910 As used in this article: (a) “Declared homestead” means the dwelling described in a homestead declaration. (b) “Declared homestead owner” includes both of the…
   • § 704.920 A dwelling in which an owner or spouse of an owner resides may be selected as a declared homestead pursuant to this article by recording a homestead…
   • § 704.930 (a) A homestead declaration recorded pursuant to this article shall contain all of the following: (1) The name of the declared homestead owner. Spouses both…
   • § 704.940 A homestead declaration does not restrict or limit any right to convey or encumber the declared homestead. A homestead declaration, when properly recorded, is…
   • § 704.950 (a) Except as provided in subdivisions (b) and (c), a judgment lien on real property created pursuant to Article 2 (commencing with Section 697.310) of Chapter…
   • § 704.960 (a) If a declared homestead is voluntarily sold, the proceeds of sale are exempt in the amount provided by Section 704.730 for a period of six months after the…
   • § 704.965 If a homestead declaration is recorded prior to the operative date of an amendment to Section 704.730 which increases the amount of the homestead exemption,…
   • § 704.970 Whether or not a homestead declaration has been recorded: (a) Nothing in this article affects the right of levy pursuant to a writ of execution. (b) Any levy…
   • § 704.980 (a) A declared homestead may be abandoned by a declaration of abandonment under this section, whether the homestead declaration was recorded pursuant to this…
   • § 704.990 (a) A declared homestead is abandoned by operation of law as to a declared homestead owner if the declared homestead owner or a person authorized to act on…
   • § 704.995 (a) The protection of the declared homestead from any creditor having an attachment lien, execution lien, or judgment lien on the dwelling continues after the…