SECTIONS 703.510-703.610

703.510.  (a) Except as otherwise provided by statute, property thathas been levied upon may be claimed to be exempt as provided in thisarticle. (b) If property that is exempt without making a claim is leviedupon, it may be released pursuant to the exemption procedure providedin this article.703.520.  (a) The claimant may make a claim of exemption by filingwith the levying officer a claim of exemption together with a copythereof. The claim shall be made within 10 days after the date thenotice of levy on the property claimed to be exempt was served on thejudgment debtor. (b) The claim of exemption shall be executed under oath and shallinclude all of the following: (1) The name of the claimant and the mailing address where serviceof a notice of opposition to the claim may be made upon theclaimant. (2) The name and last known address of the judgment debtor if theclaimant is not the judgment debtor. (3) A description of the property claimed to be exempt. If anexemption is claimed pursuant to Section 704.010 or 704.060, theclaimant shall describe all other property of the same type(including exempt proceeds of property of the same type) owned by thejudgment debtor alone or in combination with others on the date oflevy and identify the property, whether or not levied upon, to whichthe exemption is to be applied. If an exemption is claimed pursuantto subdivision (b) of Section 704.100, the claimant shall state thenature and amount of all other property of the same type owned by thejudgment debtor or the spouse of the judgment debtor alone or incombination 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 statuteupon 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 aprovision exempting property to the extent necessary for the supportof the judgment debtor and the spouse and dependents of the judgmentdebtor, the claim of exemption shall include a financial statement. (b) The financial statement shall include all of the followinginformation: (1) The name of the spouse of the judgment debtor. (2) The name, age, and relationship of all persons dependent uponthe judgment debtor or the spouse of the judgment debtor for support. (3) All sources and the amounts of earnings and other income ofthe judgment debtor and the spouse and dependents of the judgmentdebtor. (4) A list of the assets of the judgment debtor and the spouse anddependents of the judgment debtor and the value of such assets. (5) All outstanding obligations of the judgment debtor and thespouse and dependents of the judgment debtor. (c) The financial statement shall be executed under oath by thejudgment debtor and, unless the spouses are living separate andapart, by the spouse of the judgment debtor.703.540.  Promptly after the filing of the claim of exemption, thelevying officer shall serve both of the following on the judgmentcreditor personally or by mail: (a) A copy of the claim of exemption. (b) A notice of claim of exemption stating that the claim ofexemption has been made and that the levying officer will release theproperty 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 theclaim of exemption.703.550.  Within 10 days after service of the notice of claim ofexemption, a judgment creditor who opposes the claim of exemptionshall file with the court a notice of opposition to the claim ofexemption and a notice of motion for an order determining the claimof exemption and shall file with the levying officer a copy of thenotice of opposition and a copy of the notice of motion. Upon thefiling of the copies of the notice of opposition and notice ofmotion, the levying officer shall promptly file the claim ofexemption with the court. If copies of the notice of opposition andnotice of motion are not filed with the levying officer within thetime allowed, the levying officer shall immediately release theproperty to the extent it is claimed to be exempt.703.560.  The notice of opposition to the claim of exemption shallbe executed under oath and shall include both of the following: (a) An allegation either (1) that the property is not exempt underthe provision of this chapter or other statute relied upon or (2)that the equity in the property claimed to be exempt is in excess ofthe 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 than20 days from the date the notice of motion was filed with the courtunless continued by the court for good cause. (b) Not less than 10 days prior to the hearing, the judgmentcreditor shall serve a notice of the hearing and a copy of the noticeof opposition to the claim of exemption on the claimant and on thejudgment debtor, if other than the claimant. Service shall be madepersonally or by mail.703.580.  (a) The claim of exemption and notice of opposition to theclaim of exemption constitute the pleadings, subject to the power ofthe court to permit amendments in the interest of justice. (b) At a hearing under this section, the exemption claimant hasthe burden of proof. (c) The claim of exemption is deemed controverted by the notice ofopposition to the claim of exemption and both shall be received inevidence. If no other evidence is offered, the court, if satisfiedthat sufficient facts are shown by the claim of exemption (includingthe financial statement if one is required) and the notice ofopposition, may make its determination thereon. If not satisfied, thecourt shall order the hearing continued for the production of otherevidence, oral or documentary. (d) At the conclusion of the hearing, the court shall determine byorder whether or not the property is exempt in whole or in part.Subject to Section 703.600, the order is determinative of the rightof the judgment creditor to apply the property to the satisfaction ofthe judgment. No findings are required in a proceeding under thissection. (e) The court clerk shall promptly transmit a certified copy ofthe order to the levying officer. Subject to Section 703.610, thelevying officer shall, in compliance with the order, release theproperty or apply the property to the satisfaction of the moneyjudgment. (f) Unless otherwise ordered by the court, if an exemption is notdetermined within the time provided by Section 703.570, the propertyclaimed to be exempt shall be released.703.590.  If the court extends the time allowed for an act to bedone under this article, written notice of the extension shall befiled with the levying officer and, unless notice is waived, shall beserved promptly on the opposing party. Service shall be madepersonally 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 bythe court, the levying officer shall not release, sell, or otherwisedispose of the property for which an exemption is claimed until anappeal is waived, the time to file an appeal has expired, or theexemption is finally determined. (b) At any time while the exemption proceedings are pending, uponmotion of the judgment creditor or a claimant, or upon its ownmotion, the court may make any orders for disposition of the propertythat may be proper under the circumstances of the case. The ordermay be modified or vacated by the court at any time during thependency of the exemption proceedings upon any terms that are just. (c) If an appeal of the determination of a claim of exemption istaken, notice of the appeal shall be given to the levying officer andthe levying officer shall hold, release, or dispose of the propertyin accordance with the provisions governing enforcement and stay ofenforcement of money judgments pending appeal.