Exemption from the Enforcement of Judgments (2024)

Social Security42 USC § 407Exempt.Social Security Direct Deposit Accounts(the account itself)
CCP § 704.080
(1) $1,750 where one depositor is the designated payee of the directly deposited public benefits payments.
(2) $3,500 where one depositor is the designated payee of directly deposited social security payments.
(3) $2,600 where two or more depositors are the designated payees of the directly deposited public benefits payments, unless those depositors are joint payees of directly deposited payments that represent a benefit to only one of the depositors, in which case the exemption under paragraph (1) applies.WagesCCP § 704.070Disposable wages (wages paid out after deducted taxes) is 75% Exempt (only 50% exempt if enforcement is of a child support order). If wages are deposited, the exemption is preserved as to any funds in the account that can be traced back to wages paid within the previous 30 days before a levy.Public Assistance (Welfare)CCP §704.170
W&I §17409Generally exempt, however, once aid is terminated, limitations on the amounts exempt exist, as defined in Welfare & Institutions Code §17409.Charity;
Fraternal Benefit Funds
CCP § 704.170
Aid provided by a charitable organization or fraternal benefit society (defined in Section 10990 of the Insurance Code) is generally exempt.County and State Public retirement and pension benefits, including death benefits and judgments and awards of back payment of these benefits, in general.CCP § 704.110Exempt. An exception exists for judgments of child, spousal, or family support, so that these may be collected from public pensions and retirements. See below for additional codes that apply to public retirement and pension by entity.PARTIAL list of additional codes that apply to public retirement and pension by entity:

• BART District Benefits Public Utilities Code §28896. Exempt under CCP § 704.110. Generally non-assignable.
• County Employees Retirement Benefits Government Code §31452. Exempt under CCP § 704.110, exempt from taxation by State or local entities. Generally non-assignable.
• Fire Service Retirement Benefits Government Code §32210. Exempt under CCP § 704.110, exempt from taxation by State or local entities. Generally non-assignable.
• Legislators Retirement Benefits Government Code §9359.3. Exempt under CCP § 704.110, exempt from taxation by State or local entities. Generally non-assignable.
• Municipal Utility District Retirement Benefits Public Utilities Code §12337. Exempt under CCP § 704.110. Generally non-assignable.
• Peace Officers Retirement Benefits Government Code §31913. Exempt under CCP § 704.110, exempt from taxation by State or local entities. Generally non-assignable.

Federal Civil Service Retirement Benefits5 USC § 8346Exempt unless otherwise permitted to be collected upon under federal law.Private Retirement Plans
(Including, but not limited to union retirement plans)CCP § 704.115Exempt, except as to judgments or orders for family, spousal, or child support. As to those, withholding is limited by an amount the court deems to be exempt (CCP § 703.070), or treated like wages for these family orders if paid periodically (CCP § 706.052).Public Employee Vacation Credits/PayoutsCCP § 704.113$7500 in unused public employee vacation credits are exempt. Vacation credits cashed out and paid are treated as regular wages for purposes of collection.Military Retirement10 USC § 1440Exempt, however military may seek to recover amounts paid in error.Military Survivors Benefits10 USC § 1450Exempt, however military may seek to recover amounts paid in error.Homestead (including residential boats, trailers, mobile homes, condominiums, etc.)CCP § 704.710-
§ 704.850


(Exemption amounts in § 704.730)A person may have a single “homestead” which they own and in which they reside. It is exempt from sale, if equity in the homestead does not exceed a specified amount. The current exemption is the greater of the following:
• The countywide median sale price for a single-family home in the calendar year prior to the calendar year in which the judgment debtor claims the exemption, not to exceed six hundred thousand dollars ($600,000).
• Three hundred thousand dollars ($300,000).
The amounts specified in this section shall adjust annually for inflation, beginning on January 1, 2022, based on the change in the annual California Consumer Price Index for All Urban Consumers for the prior fiscal year, published by the Department of Industrial Relations.Common household items such as: Appliances, clothing, fuel for residence, furniture, and personal effectsCCP § 704.020Exempt if “ordinarily and reasonably necessary to, and personally used or procured for use by, the judgment debtor and members of the judgment debtor’s family at the judgment debtor’s principal place of residence.” Unusually valuable items may be determined to be non-exempt.Automobiles, Trucks, and other motor vehicles, including proceeds traced to the sale of the vehicle.CCP § 704.010The aggregate equity (value – encumbrance = equity) in motor vehicles exemption is currently $7500. Equity to be determined by fair market value. $7500 in execution sale exempt without claim if debtor owns only one vehicle.Art and Heirlooms & JewelryCCP § 704.040Jewelry, heirlooms, and works of art are exempt to the extent that the aggregate equity therein does not exceed six thousand seventy-five dollars ($8,725)Relocation BenefitsCCP § 704.180Exempt.Health Insurance Benefits and Disability Insurance BenefitsCCP § 704.130Exempt, unless the creditor is a health care provider, and the benefits are provided to pay for the health care provided to the beneficiary. A local child support agency may, however seek to apply the disability payments toward a child support order, not to exceed 50%.Personal Property used for Business, Trade, or Profession Including: One Vessel (Boat), and other personal propertyCCP § 704.060Exempt up to a total of $8,725 if reasonably necessary for the debtor or the debtor’s spouse to exercise trade, business or profession by which either earns a livelihood. Twice that amount if both spouses earn their livelihood in the same trade, business or profession.

The commercial motor vehicle is not exempt if another motor vehicle is owned but exempt under CCP § 704.010, if the other exempted vehicle is adequate for the professional need.
The commercial motor vehicle exemption is limited to $4,850.Business Licenses or other license issued by a public entity authorizing the debtor to engage in a business.CCP § 695.060

CCP § 708.630Exempt, except an alcoholic beverage license.Residential Building MaterialsCCP § 704.030
Materials about to be used for a repair or improvement of a residence is exempt up to $3,500 in equity, as long as it was purchased in good faith for repair or improvement of his or her residence; or if living separate and apart from spouse, for use in the repair or improvement of the spouse’s residence.Whole Life Insurance PoliciesCCP § 704.100An unmatured life insurance policy is exempt as to the policy, but not the loan amount.
The loan amount on an unmatured policy is exempt up to $13,975, but if the judgment debtor is married, each spouse may claim an exemption (totaling $27,950).

Proceeds from matured life insurance are exempt to the extent reasonably necessary for the support of the judgment debtor and the spouse and dependents of the judgment debtor.Student AidCCP § 704.190Financial aid for expenses while attending school provided to a student by an institution of higher education is exempt.Personal Injury Actions or DamagesCCP § 704.140Exempt to the extent necessary for the support of the judgment debtor and the spouse and dependents of the judgment debtor EXCEPT:
1) Not exempt as to creditors who are health care providers seeking to recover for providing health care for the injury that led to the award or settlement; and
2) If paid periodically (e.g. a monthly payment), the award is handled in the manner of wages, resulting only in a partial exemption.Wrongful Death Actions or DamagesCCP § 704.150The wrongful death claim is exempt. An award or settlement of damages for the death of a spouse or other person the judgment debtor or spouse was dependent on is exempt to the extent reasonably necessary for support of the debtor, spouse, and dependents. If paid periodically (e.g. monthly or weekly, etc.), the award is treated as wages.Workers Compensation Claims or AwardsCCP § 704.160Exempt, except as to collection of awards of child, spousal, or family support, which may be collected through a local child enforcement agency.Unemployment Benefits and ContributionsCCP § 704.120Exempt, except as to child, spousal, or family support orders, for which it is 75% exempt.Health Aids, Prosthetic and Orthopedic DevicesCCP § 704.050Exempt as long as they are reasonably necessary for the judgment debtor or spouse.Escrow or Trust FundsFinancial Code
§ 17410
If the judgment debtor is only holding funds or assets as an escrow agent or trustee of a trust, the assets and interest on these assets is exempt (the asset doesn’t belong to the judgment debtor).Dwelling HouseCCP § 704.740Sale of a dwelling house requires a court order. If the debtor only has is a leasehold interest in the property with less than two years remaining on the lease, that interest may be sold without a court order.
Prisoner’s FundsCCP § 704.090Except for restitution and fines, up to $1,750. If married, each spouse is entitled to their separate exemption, or may combine their exemptions. The exemption is only $325 against restitution and fines.
Exemption from the Enforcement of Judgments (2024)

FAQs

What is claim of exemption on EJ 160? ›

Claims that some or all of your property being levied is exempt from collection of a judgment. This form is not filed with the court, but instead is filed with the sheriff or other levying officer.

Which assets cannot be seized? ›

Exempt property is any property that creditors cannot seize and sell in order to satisfy debt during chapter 7 or chapter 13 bankruptcy. The type of property exempted differs from state to state but often includes clothes, home furnishings, retirement plans, and small amounts of equity in a house and car.

What property is exempt from judgement in California? ›

Exemption from the Enforcement of Judgments
Type of PropertyCode
Automobiles, Trucks, and other motor vehicles, including proceeds traced to the sale of the vehicle.CCP § 704.010
Art and Heirlooms & JewelryCCP § 704.040
Relocation BenefitsCCP § 704.180
Health Insurance Benefits and Disability Insurance BenefitsCCP § 704.130
27 more rows

What is the enforcement of judgement? ›

This is usually the payment of money, seizure of property, or an order to do or refrain from an activity. In some countries, the prevailing party (the “judgment creditor”) may pursue enforcement while appeal is pending, though the judgment debtor may seek a stay of execution.

What is the automatic exemption in California? ›

Automatic exemptions: Pension payments and government benefits are automatically exempt as long as they are direct-deposited into your account.

What does qualify for exemption mean? ›

An exemption is a dollar amount that can be deducted from an individual's total income, thereby reducing. the taxable income. Taxpayers may be able to claim two kinds of exemptions: • Personal exemptions generally allow taxpayers to claim themselves (and possibly their spouse)

What is a claim of exemptions? ›

A Claim of Exemption will notify the sheriff that the wages, funds, benefits and property which have been taken are exempt from garnishment, and the money or property should be returned to you.

How to make yourself judgement proof? ›

To recap, generally, you become judgment proof when you:
  1. aren't working or have a very low-paying job, or your only source of income is government benefits.
  2. don't own many or any assets such as money in a bank account, investments, or equity in real estate.

How do I protect my assets from being seized? ›

6 Ways To Protect Assets From Lawsuits Or Creditors
  1. Limited Liability Company (LLC) If you're running a business and want to protect your personal assets, registering it under a Limited Liability Company (LLC) is the best option. ...
  2. Trust (Irrevocable) ...
  3. Insurance Policies. ...
  4. Homesteads. ...
  5. Titling – Play Safely. ...
  6. Transfer The Assets.
Apr 7, 2024

What assets are subject to judgement? ›

Debtor's Property That Can Be Seized

They may consider such as the house where they live, or things they own, such as a car or a boat, or cold cash. But property, especially in court cases, can also mean a person's salary. It includes deposit accounts, stocks and bonds, IRA accounts and other similar types of assets.

How do I protect my assets from judgments in California? ›

Protecting California Assets
  1. Homestead exemption. As in many states, California law protects the equity in someone's home from some types of creditors. ...
  2. Insurance. ...
  3. LLCs. ...
  4. Trusts. ...
  5. Private Retirement Plans are asset protection tools unique to California.
May 23, 2024

Does a judgement ever go away in California? ›

Money judgments automatically expire (run out) after 10 years. To prevent this from happening, you as the judgment creditor must file a request for renewal of the judgment with the court BEFORE the 10 years run out.

What happens if a defendant does not pay a judgment in California? ›

If you do not pay the judgment, the judge can order you to appear in court. This is called an Application And Order For Appearance and Examination (EJ-125) . You can be ordered into court every 4 months to furnish information to aid in the enforcement of judgment until you pay the judgment.

How long can a Judgement be enforced in California? ›

A judgment is valid in accordance with California Law for ten years, and then it will automatically expire. However, a judgment can be extended another ten years at the creditor's request as long as it's before the ten years expires.

What personal property can be seized in a judgement in California? ›

Personal Property Levies as a Judgment Collection Tool

A personal property levy allows a creditor to obtain possession of much of the debtor's property in California (e.g., equipment, inventory, vehicles, cash in cash registers), excluding real property and property held by third parties.

How long after judgment can you enforce? ›

If you win a judgment issued by a federal court, you may start collecting right away. The defendant has 30 days to file an appeal or post a bond. If the defendant posts a bond you must cease your collection efforts (Federal Rules of Appellate Procedure 4(b)).

What are the conditions for exemption in California? ›

Exempt employees in California generally must earn a minimum monthly salary of no less than two times the state minimum wage for full time employment. Simply paying an employee a salary does not make them exempt, nor does it change any requirements for compliance with wage and hour laws.

How long does an exemption take in California? ›

How long does the criminal record exemption process take to complete? If you do not have a criminal record, a clearance is normally available in a few days. If an exemption is needed, it may take three months or longer to complete the process.

What does it mean to be exempted? ›

exempt. 1 of 2 adjective. ex·​empt ig-ˈzempt. : free or released from some obligation or duty to which others are subject : not subject or liable.

How to file a claim of exemption in California? ›

How to make a Claim of Exemption
  1. Fill out forms. Fill out two court forms: ...
  2. File the Claim of Exemption with the levying officer. ...
  3. Wait to see if the claim is opposed. ...
  4. Reply to the opposition (if any) ...
  5. Check if your court uses tentative rulings. ...
  6. Go to the hearing.

How to file a claim of exemption wage garnishment in Florida? ›

You may claim your exemptions from garnishment by filing an affidavit with the court describing the exemption and your claim to it. Your affidavit also must be sent to the judgment creditor and any attorney for the judgment creditor.

How to file a claim of exemption wage garnishment in Georgia? ›

To file an exemption for wage garnishment, you must file the Claim of Exemption (WG-006). By doing this, you will explain to the Sheriff why some or all of the wages the creditor wants your employer to garnish should be exempt. Wage garnishment and bankruptcy are not for everyone to handle.

What is the waiver of exemption clause? ›

Waiver of Exemption. Under a waiver of exemption, a consumer relin quishes the right granted under state law to protect his or her home (a right known as the homestead exemption), possessions, or wages from seizure to satisfy a judgment.

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