704.010. (a) Any combination of the following is exempt in the
amount of two thousand three hundred dollars ($2,300):
(1) The aggregate equity in motor vehicles.
(2) The proceeds of an execution sale of a motor vehicle.
(3) The proceeds of insurance or other indemnification for the
loss, damage, or destruction of a motor vehicle.
(b) Proceeds exempt under subdivision (a) are exempt for a period
of 90 days after the time the proceeds are actually received by the
judgment debtor.
(c) For the purpose of determining the equity, the fair market
value of a motor vehicle shall be determined by reference to used car
price guides customarily used by California automobile dealers
unless the motor vehicle is not listed in such price guides.
(d) If the judgment debtor has only one motor vehicle and it is
sold at an execution sale, the proceeds of the execution sale are
exempt in the amount of two thousand three hundred dollars ($2,300)
without making a claim. The levying officer shall consult and may
rely upon the records of the Department of Motor Vehicles in
determining whether the judgment debtor has only one motor vehicle.
In the case covered by this subdivision, the exemption provided by
subdivision (a) is not available.
704.020. (a) Household furnishings, appliances, provisions, wearing
apparel, and other personal effects are exempt in the following
cases:
(1) 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.
(2) Where the judgment debtor and the judgment debtor's spouse
live separate and apart, if ordinarily and reasonably necessary to,
and personally used or procured for use by, the spouse and members of
the spouse's family at the spouse's principal place of residence.
(b) In determining whether an item of property is "ordinarily and
reasonably necessary" under subdivision (a), the court shall take
into account both of the following:
(1) The extent to which the particular type of item is ordinarily
found in a household.
(2) Whether the particular item has extraordinary value as
compared to the value of items of the same type found in other
households.
(c) If an item of property for which an exemption is claimed
pursuant to this section is an item of the type ordinarily found in a
household but is determined not to be exempt because the item has
extraordinary value as compared to the value of items of the same
type found in other households, the proceeds obtained at an execution
sale of the item are exempt in the amount determined by the court to
be a reasonable amount sufficient to purchase a replacement of
ordinary value if the court determines that a replacement is
reasonably necessary. Proceeds exempt under this subdivision are
exempt for a period of 90 days after the proceeds are actually
received by the judgment debtor.
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 two thousand four hundred twenty-five
dollars ($2,425) in the following cases:
(a) If purchased in good faith for use in the repair or
improvement of the judgment debtor's principal place of residence.
(b) Where the judgment debtor and the judgment debtor's spouse
live separate and apart, if purchased in good faith for use in the
repair or improvement of the spouse's principal place of residence.
704.040. Jewelry, heirlooms, and works of art are exempt to the
extent that the aggregate equity therein does not exceed six thousand
seventy-five dollars ($6,075).
704.050. 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 prosthetic and orthopedic appliances, are
exempt.
704.060. (a) Tools, implements, instruments, materials, uniforms,
furnishings, books, equipment, one commercial motor vehicle, one
vessel, and other personal property are exempt to the extent that the
aggregate equity therein does not exceed:
(1) Six thousand seventy-five dollars $6,075), if reasonably
necessary to and actually used by the judgment debtor in the exercise
of the trade, business, or profession by which the judgment debtor
earns a livelihood.
(2) Six thousand seventy-five dollars ($6,075), if reasonably
necessary to and actually used by the spouse of the judgment debtor
in the exercise of the trade, business, or profession by which the
spouse earns a livelihood.
(3) Twice the amount of the exemption provided in paragraph (1),
if reasonably necessary to and actually used by the judgment debtor
and by the spouse of the judgment debtor in the exercise of the same
trade, business, or profession by which both earn a livelihood. In
the case covered by this paragraph, the exemptions provided in
paragraphs (1) and (2) are not available.
(b) If property described in subdivision (a) is sold at an
execution sale, or if it has been lost, damaged, or destroyed, the
proceeds of the execution sale or of insurance or other
indemnification are exempt for a period of 90 days after the proceeds
are actually received by the judgment debtor or the judgment debtor'
s spouse. The amount exempt under this subdivision is the amount
specified in subdivision (a) that applies to the particular case less
the aggregate equity of any other property to which the exemption
provided by subdivision (a) for the particular case has been applied.
(c) Notwithstanding subdivision (a), a motor vehicle is not exempt
under subdivision (a) if there is a motor vehicle exempt under
Section 704.010 which is reasonably adequate for use in the trade,
business, or profession for which the exemption is claimed under this
section.
(d) Notwithstanding subdivisions (a) and (b):
(1) The amount of the exemption for a commercial motor vehicle
under paragraph (1) or (2) of subdivision (a) is limited to four
thousand eight hundred fifty dollars ($4,850).
(2) The amount of the exemption for a commercial motor vehicle
under paragraph (3) of subdivision (a) is limited to twice the amount
of the exemption provided in paragraph (1) of this subdivision.
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
Garnishment Law).
(2) "Paid earnings" means earnings as defined in Section 706.011
that were paid to the employee during the 30-day period ending on the
date of the levy. For the purposes of this paragraph, where earnings
that have been paid to the employee are sought to be subjected to
the enforcement of a money judgment other than by a levy, the date of
levy is deemed to be the date the earnings were otherwise subjected
to the enforcement of the judgment.
(3) "Earnings assignment order for support" means an earnings
assignment order for support as defined in Section 706.011.
(b) Paid earnings that can be traced into deposit accounts or in
the form of cash or its equivalent as provided in Section 703.080 are
exempt in the following amounts:
(1) All of the paid earnings are exempt if prior to payment to the
employee they were subject to an earnings withholding order or an
earnings assignment order for support.
(2) Seventy-five percent of the paid earnings that are levied upon
or otherwise sought to be subjected to the enforcement of a money
judgment are exempt if prior to payment to the employee they were not
subject to an earnings withholding order or an earnings assignment
order for support.
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 directly deposited
by the government or its agent.
(2) "Social security benefits" means payments authorized by the
Social Security Administration for regular retirement and survivors'
benefits, supplemental security income benefits, coal miners' health
benefits, and disability insurance benefits. "Public benefits" means
aid payments authorized pursuant to subdivision (a) of Section 11450
of the Welfare and Institutions Code, payments for supportive
services as described in Section 11323.2 of the Welfare and
Institutions Code, and general assistance payments made pursuant to
Section 17000.5 of the Welfare and Institutions Code.
(b) A deposit account is exempt without making a claim in the
following amount:
(1) One thousand two hundred twenty-five dollars ($1,225) where
one depositor is the designated payee of the directly deposited
public benefits payments.
(2) Two thousand four hundred twenty-five dollars ($2,425) where
one depositor is the designated payee of directly deposited social
security payments.
(3) One thousand eight hundred twenty-five dollars ($1,825) 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.
(4) Three thousand six hundred fifty dollars ($3,650) where two or
more depositors are the designated payees of directly deposited
social security 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 (2)
applies.
(c) The amount of a deposit account that exceeds the exemption
provided in subdivision (b) is exempt to the extent that it consists
of payments of public benefits or social security benefits.
(d) Notwithstanding Article 5 (commencing with Section 701.010) of
Chapter 3, when a deposit account is levied upon or otherwise sought
to be subjected to the enforcement of a money judgment, the
financial institution that holds the deposit account shall either
place the amount that exceeds the exemption provided in subdivision
(b) in a suspense account or otherwise prohibit withdrawal of that
amount pending notification of the failure of the judgment creditor
to file the affidavit required by this section or the judicial
determination of the exempt status of the amount. Within 10 business
days after the levy, the financial institution shall provide the
levying officer with a written notice stating (1) that the deposit
account is one in which payments of public benefits or social
security benefits are directly deposited by the government or its
agent and (2) the balance of the deposit account that exceeds the
exemption provided by subdivision (b). Promptly upon receipt of the
notice, the levying officer shall serve the notice on the judgment
creditor. Service shall be made personally or by mail.
(e) Notwithstanding the procedure prescribed in Article 2
(commencing with Section 703.510), whether there is an amount exempt
under subdivision (c) shall be determined as follows:
(1) Within five days after the levying officer serves the notice
on the judgment creditor under subdivision (d), a judgment creditor
who desires to claim that the amount is not exempt shall file with
the court an affidavit alleging that the amount is not exempt and
file a copy with the levying officer. The affidavit shall be in the
form of the notice of opposition provided by Section 703.560, and a
hearing shall be set and held, and notice given, as provided by
Sections 703.570 and 703.580. For the purpose of this subdivision,
the "notice of opposition to the claim of exemption" in Sections
703.570 and 703.580 means the affidavit under this subdivision.
(2) If the judgment creditor does not file the affidavit with the
levying officer and give notice of hearing pursuant to Section
703.570 within the time provided in paragraph (1), the levying
officer shall release the deposit account and shall notify the
financial institution.
(3) The affidavit constitutes the pleading of the judgment
creditor, subject to the power of the court to permit amendments in
the interest of justice. The affidavit is deemed controverted and no
counteraffidavit is required.
(4) At a hearing under this subdivision, the judgment debtor has
the burden of proving that the excess amount is exempt.
(5) At the conclusion of the hearing, the court by order shall
determine whether or not the amount of the deposit account is exempt
pursuant to subdivision (c) in whole or in part and shall make an
appropriate order for its prompt disposition. No findings are
required in a proceeding under this subdivision.
(6) Upon determining the exemption claim for the deposit account
under subdivision (c), the court shall immediately transmit a
certified copy of the order of the court to the financial institution
and to the levying officer. If the order determines that all or part
of the excess is exempt under subdivision (c), with respect to the
amount of the excess which is exempt, the financial institution shall
transfer the exempt excess from the suspense account or otherwise
release any restrictions on its withdrawal by the judgment debtor.
The transfer or release shall be effected within three business days
of the receipt of the certified copy of the court order by the
financial institution.
(f) If the judgment debtor claims that a portion of the amount is
exempt other than pursuant to subdivision (c), the claim of exemption
shall be made pursuant to Article 2 (commencing with Section
703.510). If the judgment debtor also opposes the judgment creditor's
affidavit regarding an amount exempt pursuant to subdivision (c),
both exemptions shall be determined at the same hearing, provided the
judgment debtor has complied with Article 2 (commencing with Section
703.510).
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 Authority or confined in any county or
city jail, road camp, industrial farm, or other local correctional
facility, held in trust for or to the credit of the judgment debtor,
in an inmate's trust account or similar account by the state, county,
or city, or any agency thereof, are exempt without making a claim in
the amount of one thousand two hundred twenty-five dollars ($1,225).
If the judgment debtor is married, each spouse is entitled to a
separate exemption under this section or the spouses may combine
their exemptions.
(b) Notwithstanding subdivision (a), if the judgment is for a
restitution fine or order imposed pursuant to subdivision (a) of
Section 13967 of the Government Code, as operative on or before
September 28, 1994, or Section 1203.04 of the Penal Code, as
operative on or before August 2, 1995, or Section 1202.4 of the Penal
Code, the funds held in trust for, or to the credit of, a judgment
debtor described in subdivision (a) are exempt in the amount of three
hundred dollars ($300) without making a claim. The exemption
provided in this subdivision is not subject to adjustment under
Section 703.150.
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.
(b) The aggregate loan value of unmatured life insurance policies
(including endowment and annuity policies) is subject to the
enforcement of a money judgment but is exempt in the amount of nine
thousand seven hundred dollars ($9,700). If the judgment debtor is
married, each spouse is entitled to a separate exemption under this
subdivision, and the exemptions of the spouses may be combined,
regardless of whether the policies belong to either or both spouses
and regardless of whether the spouse of the judgment debtor is also a
judgment debtor under the judgment. The exemption provided by this
subdivision shall be first applied to policies other than the policy
before the court and then, if the exemption is not exhausted, to the
policy before the court.
(c) Benefits from matured life insurance policies (including
endowment and annuity policies) are exempt to the extent reasonably
necessary for the support of the judgment debtor and the spouse and
dependents of the judgment debtor.
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
trust, public corporation, or public board, or the governing body of
any of them, but does not include the United States except where
expressly so provided.
(2) "Public retirement benefit" means a pension or an annuity, or
a retirement, disability, death, or other benefit, paid or payable by
a public retirement system.
(3) "Public retirement system" means a system established pursuant
to statute by a public entity for retirement, annuity, or pension
purposes or payment of disability or death benefits.
(b) All amounts held, controlled, or in process of distribution by
a public entity derived from contributions by the public entity or
by an officer or employee of the public entity for public retirement
benefit purposes, and all rights and benefits accrued or accruing to
any person under a public retirement system, are exempt without
making a claim.
(c) Notwithstanding subdivision (b), where an amount described in
subdivision (b) becomes payable to a person and is sought to be
applied to the satisfaction of a judgment for child, family, or
spousal support against that person:
(1) Except as provided in paragraphs (2) and (3), the amount is
exempt only to the extent that the court determines under subdivision
(c) of Section 703.070.
(2) If the amount sought to be applied to the satisfaction of the
judgment is payable periodically, the amount payable is subject to an
earnings assignment order for support as defined in Section 706.011,
or any other applicable enforcement procedure, but the amount to be
withheld pursuant to the assignment order or other procedure shall
not exceed the amount permitted to be withheld on an earnings
withholding order for support under Section 706.052. The paying
entity may deduct from the payment being made to the judgment debtor,
for each payment made pursuant to an earnings assignment order under
this paragraph, an amount reflecting the actual cost of
administration caused by the assignment order of up to two dollars
($2) for each payment.
(3) If the intercept procedure provided for in Section 11357 of
the Welfare and Institutions Code is used for benefits that are
payable periodically, the amount to be withheld shall not exceed the
amount permitted to be withheld on an earnings withholding order for
support under Section 706.052.
(4) If the amount sought to be applied to the satisfaction of the
judgment is payable as a lump-sum distribution, the amount payable is
subject to the intercept procedure provided in Section 11357 of the
Welfare and Institutions Code or any other applicable enforcement
procedure.
(d) All amounts received by any person, a resident of the state,
as a public retirement benefit or as a return of contributions and
interest thereon from the United States or a public entity or from a
public retirement system are exempt.
704.113. (a) As used in this section, "vacation credits" means
vacation credits accumulated by a state employee pursuant to Section
18050 of the Government Code or by any other public employee pursuant
to any law for the accumulation of vacation credits applicable to
the employee.
(b) All vacation credits are exempt without making a claim.
(c) Amounts paid periodically or as a lump sum representing
vacation credits are subject to any earnings withholding order served
under Chapter 5 (commencing with Section 706.010) or any earnings
assignment order for support as defined in Section 706.011 and are
exempt to the same extent as earnings of a judgment debtor.
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 on any public entity described in
Section 704.110, other than the United States government, creates a
lien on all employee contributions in the amount necessary to satisfy
a support judgment as determined under Section 695.210 to the extent
that the judgment remains enforceable.
(b) The public entity shall comply with any request for a return
of employee contributions by an employee named in the order or notice
to withhold by delivering the contributions to the clerk of the
court in which the support order was awarded or last registered,
unless the entity has received a certified copy of an order or
administrative notice terminating the earnings assignment order for
support.
(c) Upon receipt of moneys pursuant to this section, the clerk of
the court, within 10 days, shall send written notice of the receipt
of the deposit to the parties and to the local child support agency
enforcing any order pursuant to Section 17400 of the Family Code.
(d) Moneys received pursuant to this section are subject to any
procedure available to enforce an order for support, but if no
enforcement procedure is commenced after 30 days have elapsed from
the date the notice of receipt is sent, the clerk shall, upon
request, return the moneys to the public entity that delivered the
moneys to the court unless the public entity has informed the court
in writing that the moneys shall be released to the employee.
(e) A court shall not directly or indirectly condition the
issuance, modification, or termination of, or condition the terms or
conditions of, any order for support upon the making of a request for
the return of employee contributions by an employee.
704.115. (a) As used in this section, "private retirement plan"
means:
(1) Private retirement plans, including, but not limited to, union
retirement plans.
(2) Profit-sharing plans designed and used for retirement
purposes.
(3) Self-employed retirement plans and individual retirement
annuities or accounts provided for in the Internal Revenue Code of
1986, as amended, including individual retirement accounts qualified
under Section 408 or 408A of that code, to the extent the amounts
held in the plans, annuities, or accounts do not exceed the maximum
amounts exempt from federal income taxation under that code.
(b) All amounts held, controlled, or in process of distribution by
a private retirement plan, for the payment of benefits as an
annuity, pension, retirement allowance, disability payment, or death
benefit from a private retirement plan are exempt.
(c) Notwithstanding subdivision (b), where an amount described in
subdivision (b) becomes payable to a person and is sought to be
applied to the satisfaction of a judgment for child, family, or
spousal support against that person:
(1) Except as provided in paragraph (2), the amount is exempt only
to the extent that the court determines under subdivision (c) of
Section 703.070.
(2) If the amount sought to be applied to the satisfaction of the
judgment is payable periodically, the amount payable is subject to an
earnings assignment order for support as defined in Section 706.011
or any other applicable enforcement procedure, but the amount to be
withheld pursuant to the assignment order or other procedure shall
not exceed the amount permitted to be withheld on an earnings
withholding order for support under Section 706.052.
(d) After payment, the amounts described in subdivision (b) and
all contributions and interest thereon returned to any member of a
private retirement plan are exempt.
(e) Notwithstanding subdivisions (b) and (d), except as provided
in subdivision (f), the amounts described in paragraph (3) of
subdivision (a) are exempt only to the extent necessary to provide
for the support of the judgment debtor when the judgment debtor
retires and for the support of the spouse and dependents of the
judgment debtor, taking into account all resources that are likely to
be available for the support of the judgment debtor when the
judgment debtor retires. In determining the amount to be exempt under
this subdivision, the court shall allow the judgment debtor such
additional amount as is necessary to pay any federal and state income
taxes payable as a result of the applying of an amount described in
paragraph (3) of subdivision (a) to the satisfaction of the money
judgment.
(f) Where the amounts described in paragraph (3) of subdivision
(a) are payable periodically, the amount of the periodic payment that
may be applied to the satisfaction of a money judgment is the amount
that may be withheld from a like amount of earnings under Chapter 5
(commencing with Section 706.010) (Wage Garnishment Law). To the
extent a lump-sum distribution from an individual retirement account
is treated differently from a periodic distribution under this
subdivision, any lump-sum distribution from an account qualified
under Section 408A of the Internal Revenue Code shall be treated the
same as a lump-sum distribution from an account qualified under
Section 408 of the Internal Revenue Code for purposes of determining
whether any of that payment may be applied to the satisfaction of a
money judgment.
704.120. (a) Contributions by workers payable to the Unemployment
Compensation Disability Fund and by employers payable to the
Unemployment Fund are exempt without making a claim.
(b) Before payment, amounts held for payment of the following
benefits are exempt without making a claim:
(1) Benefits payable under Division 1 (commencing with Section
100) of the Unemployment Insurance Code.
(2) Incentives payable under Division 2 (commencing with Section
5000) of the Unemployment Insurance Code.
(3) Benefits payable under an employer's plan or system to
supplement unemployment compensation benefits of the employees
generally or for a class or group of employees.
(4) Unemployment benefits payable by a fraternal organization to
its bona fide members.
(5) Benefits payable by a union due to a labor dispute.
(c) After payment, the benefits described in subdivision (b) are
exempt.
(d) During the payment of benefits described in paragraph (1) of
subdivision (b) to a judgment debtor under a support judgment, the
judgment creditor may, through the appropriate local child support
agency, seek to apply the benefit payment to satisfy the judgment as
provided by Section 17518 of the Family Code.
(e) During the payment of benefits described in paragraphs (2) to
(5), inclusive, of subdivision (b) to a judgment debtor under a
support judgment, the judgment creditor may, directly or through the
appropriate local child support agency, seek to apply the benefit
payments to satisfy the judgment by an earnings assignment order for
support as defined in Section 706.011 or any other applicable
enforcement procedure. If the benefit is payable periodically, the
amount to be withheld pursuant to the assignment order or other
procedure shall be 25 percent of the amount of each periodic payment
or any lower amount specified in writing by the judgment creditor or
court order, rounded down to the nearest whole dollar. Otherwise the
amount to be withheld shall be the amount the court determines under
subdivision (c) of Section 703.070. The paying entity may deduct from
each payment made pursuant to an assignment order under this
subdivision an amount reflecting the actual cost of administration
caused by the assignment order up to two dollars ($2) for each
payment.
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.
(b) Subdivision (a) does not apply to benefits that are paid or
payable to cover the cost of health care if the judgment creditor is
a provider of health care whose claim is the basis on which the
benefits are paid or payable.
(c) During the payment of disability benefits described in
subdivision (a) to a judgment debtor under a support judgment, the
judgment creditor or local child support agency may seek to apply the
benefit payments to satisfy the judgment by an earnings assignment
order for support, as defined in Section 706.011, or any other
applicable enforcement procedure, but the amount to be withheld
pursuant to the earnings assignment order or other procedure shall
not exceed the amount permitted to be withheld on an earnings
assignment order for support under Section 706.052.
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) Except as provided in subdivisions (c) and (d), an award of
damages or a settlement arising out of personal injury is exempt to
the extent necessary for the support of the judgment debtor and the
spouse and dependents of the judgment debtor.
(c) Subdivision (b) does not apply if the judgment creditor is a
provider of health care whose claim is based on the providing of
health care for the personal injury for which the award or settlement
was made.
(d) Where an award of damages or a settlement arising out of
personal injury is payable periodically, the amount of such periodic
payment that may be applied to the satisfaction of a money judgment
is the amount that may be withheld from a like amount of earnings
under Chapter 5 (commencing with Section 706.010) (Wage Garnishment
Law).
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) Except as provided in subdivision (c), an award of damages or
a settlement arising out of the wrongful death of the judgment debtor'
s spouse or a person on whom the judgment debtor or the judgment
debtor's spouse was dependent is exempt to the extent reasonably
necessary for support of the judgment debtor and the spouse and
dependents of the judgment debtor.
(c) Where an award of damages or a settlement arising out of the
wrongful death of the judgment debtor's spouse or a person on whom
the judgment debtor or the judgment debtor's spouse was dependent is
payable periodically, the amount of such a periodic payment that may
be applied to the satisfaction of a money judgment is the amount that
may be withheld from a like amount of earnings under Chapter 5
(commencing with Section 706.010) (Wage Garnishment Law).
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 or workers' compensation
awarded or adjudged is exempt without making a claim. Except as
specified in subdivision (b), after payment, the award is exempt.
(b) Notwithstanding any other provision of law, during the payment
of workers' compensation temporary disability benefits described in
subdivision (a) to a support judgment debtor, the support judgment
creditor may, through the appropriate local child support agency,
seek to apply the workers' compensation temporary disability benefit
payment to satisfy the support judgment as provided by Section 17404
of the Family Code.
(c) Notwithstanding any other provision of law, during the payment
of workers' compensation temporary disability benefits described in
subdivision (a) to a support judgment debtor under a support
judgment, including a judgment for reimbursement of public
assistance, the judgment creditor may, directly or through the
appropriate local child support agency, seek to apply the temporary
disability benefit payments to satisfy the support judgment by an
earnings assignment order for support, as defined in Section 5208 of
the Family Code, or any other applicable enforcement procedure. The
amount to be withheld pursuant to the earnings assignment order for
support or other enforcement procedure shall be 25 percent of the
amount of each periodic payment or any lower amount specified in
writing by the judgment creditor or court order, rounded down to the
nearest dollar. Otherwise, the amount to be withheld shall be the
amount the court determines under subdivision (c) of Section 703.070.
The paying entity may deduct from each payment made pursuant to an
order assigning earnings under this subdivision an amount reflecting
the actual cost of administration of this assignment, up to two
dollars ($2) for each payment.
(d) Unless the provision or context otherwise requires, the
following definitions govern the construction of this section.
(1) "Judgment debtor" or "support judgment debtor" means a person
who is owing a duty of support.
(2) "Judgment creditor" or "support judgment creditor" means the
person to whom support has been ordered to be paid.
(3) "Support" refers to an obligation owing on behalf of a child,
spouse, or family; or an amount owing pursuant to Section 17402 of
the Family Code. It also includes past due support or arrearage when
it exists.
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 charitable organization or a fraternal
benefit society as defined in Section 10990 of the Insurance Code, is
exempt without making a claim. After payment, the aid is exempt.
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 of Title 1 of the Government Code or
the federal "Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970" (42 U.S.C. Sec. 4601 et seq.), as
amended, are exempt without making a claim. After payment, the
benefits are exempt.
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 States Code, as amended.
(b) Before payment, financial aid for expenses while attending
school provided to a student by an institution of higher education is
exempt without making a claim. After payment, the aid is exempt.
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 the requirements of
Section 8650 of the Health and Safety Code.
(3) "Plot" has the meaning provided by Section 7022 of the Health
and Safety Code.
(b) A family plot is exempt without making a claim.
(c) Except as provided in subdivision (d), a cemetery plot for the
judgment debtor and the spouse of the judgment debtor is exempt.
(d) Land held for the purpose of sale or disposition as cemetery
plots or otherwise is not exempt.
704.210. Property that is not subject to enforcement of a money
judgment is exempt without making a claim.
704.010. (a) Any combination of the following is exempt in the
amount of two thousand three hundred dollars ($2,300):
(1) The aggregate equity in motor vehicles.
(2) The proceeds of an execution sale of a motor vehicle.
(3) The proceeds of insurance or other indemnification for the
loss, damage, or destruction of a motor vehicle.
(b) Proceeds exempt under subdivision (a) are exempt for a period
of 90 days after the time the proceeds are actually received by the
judgment debtor.
(c) For the purpose of determining the equity, the fair market
value of a motor vehicle shall be determined by reference to used car
price guides customarily used by California automobile dealers
unless the motor vehicle is not listed in such price guides.
(d) If the judgment debtor has only one motor vehicle and it is
sold at an execution sale, the proceeds of the execution sale are
exempt in the amount of two thousand three hundred dollars ($2,300)
without making a claim. The levying officer shall consult and may
rely upon the records of the Department of Motor Vehicles in
determining whether the judgment debtor has only one motor vehicle.
In the case covered by this subdivision, the exemption provided by
subdivision (a) is not available.
704.020. (a) Household furnishings, appliances, provisions, wearing
apparel, and other personal effects are exempt in the following
cases:
(1) 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.
(2) Where the judgment debtor and the judgment debtor's spouse
live separate and apart, if ordinarily and reasonably necessary to,
and personally used or procured for use by, the spouse and members of
the spouse's family at the spouse's principal place of residence.
(b) In determining whether an item of property is "ordinarily and
reasonably necessary" under subdivision (a), the court shall take
into account both of the following:
(1) The extent to which the particular type of item is ordinarily
found in a household.
(2) Whether the particular item has extraordinary value as
compared to the value of items of the same type found in other
households.
(c) If an item of property for which an exemption is claimed
pursuant to this section is an item of the type ordinarily found in a
household but is determined not to be exempt because the item has
extraordinary value as compared to the value of items of the same
type found in other households, the proceeds obtained at an execution
sale of the item are exempt in the amount determined by the court to
be a reasonable amount sufficient to purchase a replacement of
ordinary value if the court determines that a replacement is
reasonably necessary. Proceeds exempt under this subdivision are
exempt for a period of 90 days after the proceeds are actually
received by the judgment debtor.
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 two thousand four hundred twenty-five
dollars ($2,425) in the following cases:
(a) If purchased in good faith for use in the repair or
improvement of the judgment debtor's principal place of residence.
(b) Where the judgment debtor and the judgment debtor's spouse
live separate and apart, if purchased in good faith for use in the
repair or improvement of the spouse's principal place of residence.
704.040. Jewelry, heirlooms, and works of art are exempt to the
extent that the aggregate equity therein does not exceed six thousand
seventy-five dollars ($6,075).
704.050. 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 prosthetic and orthopedic appliances, are
exempt.
704.060. (a) Tools, implements, instruments, materials, uniforms,
furnishings, books, equipment, one commercial motor vehicle, one
vessel, and other personal property are exempt to the extent that the
aggregate equity therein does not exceed:
(1) Six thousand seventy-five dollars $6,075), if reasonably
necessary to and actually used by the judgment debtor in the exercise
of the trade, business, or profession by which the judgment debtor
earns a livelihood.
(2) Six thousand seventy-five dollars ($6,075), if reasonably
necessary to and actually used by the spouse of the judgment debtor
in the exercise of the trade, business, or profession by which the
spouse earns a livelihood.
(3) Twice the amount of the exemption provided in paragraph (1),
if reasonably necessary to and actually used by the judgment debtor
and by the spouse of the judgment debtor in the exercise of the same
trade, business, or profession by which both earn a livelihood. In
the case covered by this paragraph, the exemptions provided in
paragraphs (1) and (2) are not available.
(b) If property described in subdivision (a) is sold at an
execution sale, or if it has been lost, damaged, or destroyed, the
proceeds of the execution sale or of insurance or other
indemnification are exempt for a period of 90 days after the proceeds
are actually received by the judgment debtor or the judgment debtor'
s spouse. The amount exempt under this subdivision is the amount
specified in subdivision (a) that applies to the particular case less
the aggregate equity of any other property to which the exemption
provided by subdivision (a) for the particular case has been applied.
(c) Notwithstanding subdivision (a), a motor vehicle is not exempt
under subdivision (a) if there is a motor vehicle exempt under
Section 704.010 which is reasonably adequate for use in the trade,
business, or profession for which the exemption is claimed under this
section.
(d) Notwithstanding subdivisions (a) and (b):
(1) The amount of the exemption for a commercial motor vehicle
under paragraph (1) or (2) of subdivision (a) is limited to four
thousand eight hundred fifty dollars ($4,850).
(2) The amount of the exemption for a commercial motor vehicle
under paragraph (3) of subdivision (a) is limited to twice the amount
of the exemption provided in paragraph (1) of this subdivision.
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
Garnishment Law).
(2) "Paid earnings" means earnings as defined in Section 706.011
that were paid to the employee during the 30-day period ending on the
date of the levy. For the purposes of this paragraph, where earnings
that have been paid to the employee are sought to be subjected to
the enforcement of a money judgment other than by a levy, the date of
levy is deemed to be the date the earnings were otherwise subjected
to the enforcement of the judgment.
(3) "Earnings assignment order for support" means an earnings
assignment order for support as defined in Section 706.011.
(b) Paid earnings that can be traced into deposit accounts or in
the form of cash or its equivalent as provided in Section 703.080 are
exempt in the following amounts:
(1) All of the paid earnings are exempt if prior to payment to the
employee they were subject to an earnings withholding order or an
earnings assignment order for support.
(2) Seventy-five percent of the paid earnings that are levied upon
or otherwise sought to be subjected to the enforcement of a money
judgment are exempt if prior to payment to the employee they were not
subject to an earnings withholding order or an earnings assignment
order for support.
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 directly deposited
by the government or its agent.
(2) "Social security benefits" means payments authorized by the
Social Security Administration for regular retirement and survivors'
benefits, supplemental security income benefits, coal miners' health
benefits, and disability insurance benefits. "Public benefits" means
aid payments authorized pursuant to subdivision (a) of Section 11450
of the Welfare and Institutions Code, payments for supportive
services as described in Section 11323.2 of the Welfare and
Institutions Code, and general assistance payments made pursuant to
Section 17000.5 of the Welfare and Institutions Code.
(b) A deposit account is exempt without making a claim in the
following amount:
(1) One thousand two hundred twenty-five dollars ($1,225) where
one depositor is the designated payee of the directly deposited
public benefits payments.
(2) Two thousand four hundred twenty-five dollars ($2,425) where
one depositor is the designated payee of directly deposited social
security payments.
(3) One thousand eight hundred twenty-five dollars ($1,825) 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.
(4) Three thousand six hundred fifty dollars ($3,650) where two or
more depositors are the designated payees of directly deposited
social security 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 (2)
applies.
(c) The amount of a deposit account that exceeds the exemption
provided in subdivision (b) is exempt to the extent that it consists
of payments of public benefits or social security benefits.
(d) Notwithstanding Article 5 (commencing with Section 701.010) of
Chapter 3, when a deposit account is levied upon or otherwise sought
to be subjected to the enforcement of a money judgment, the
financial institution that holds the deposit account shall either
place the amount that exceeds the exemption provided in subdivision
(b) in a suspense account or otherwise prohibit withdrawal of that
amount pending notification of the failure of the judgment creditor
to file the affidavit required by this section or the judicial
determination of the exempt status of the amount. Within 10 business
days after the levy, the financial institution shall provide the
levying officer with a written notice stating (1) that the deposit
account is one in which payments of public benefits or social
security benefits are directly deposited by the government or its
agent and (2) the balance of the deposit account that exceeds the
exemption provided by subdivision (b). Promptly upon receipt of the
notice, the levying officer shall serve the notice on the judgment
creditor. Service shall be made personally or by mail.
(e) Notwithstanding the procedure prescribed in Article 2
(commencing with Section 703.510), whether there is an amount exempt
under subdivision (c) shall be determined as follows:
(1) Within five days after the levying officer serves the notice
on the judgment creditor under subdivision (d), a judgment creditor
who desires to claim that the amount is not exempt shall file with
the court an affidavit alleging that the amount is not exempt and
file a copy with the levying officer. The affidavit shall be in the
form of the notice of opposition provided by Section 703.560, and a
hearing shall be set and held, and notice given, as provided by
Sections 703.570 and 703.580. For the purpose of this subdivision,
the "notice of opposition to the claim of exemption" in Sections
703.570 and 703.580 means the affidavit under this subdivision.
(2) If the judgment creditor does not file the affidavit with the
levying officer and give notice of hearing pursuant to Section
703.570 within the time provided in paragraph (1), the levying
officer shall release the deposit account and shall notify the
financial institution.
(3) The affidavit constitutes the pleading of the judgment
creditor, subject to the power of the court to permit amendments in
the interest of justice. The affidavit is deemed controverted and no
counteraffidavit is required.
(4) At a hearing under this subdivision, the judgment debtor has
the burden of proving that the excess amount is exempt.
(5) At the conclusion of the hearing, the court by order shall
determine whether or not the amount of the deposit account is exempt
pursuant to subdivision (c) in whole or in part and shall make an
appropriate order for its prompt disposition. No findings are
required in a proceeding under this subdivision.
(6) Upon determining the exemption claim for the deposit account
under subdivision (c), the court shall immediately transmit a
certified copy of the order of the court to the financial institution
and to the levying officer. If the order determines that all or part
of the excess is exempt under subdivision (c), with respect to the
amount of the excess which is exempt, the financial institution shall
transfer the exempt excess from the suspense account or otherwise
release any restrictions on its withdrawal by the judgment debtor.
The transfer or release shall be effected within three business days
of the receipt of the certified copy of the court order by the
financial institution.
(f) If the judgment debtor claims that a portion of the amount is
exempt other than pursuant to subdivision (c), the claim of exemption
shall be made pursuant to Article 2 (commencing with Section
703.510). If the judgment debtor also opposes the judgment creditor's
affidavit regarding an amount exempt pursuant to subdivision (c),
both exemptions shall be determined at the same hearing, provided the
judgment debtor has complied with Article 2 (commencing with Section
703.510).
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 Authority or confined in any county or
city jail, road camp, industrial farm, or other local correctional
facility, held in trust for or to the credit of the judgment debtor,
in an inmate's trust account or similar account by the state, county,
or city, or any agency thereof, are exempt without making a claim in
the amount of one thousand two hundred twenty-five dollars ($1,225).
If the judgment debtor is married, each spouse is entitled to a
separate exemption under this section or the spouses may combine
their exemptions.
(b) Notwithstanding subdivision (a), if the judgment is for a
restitution fine or order imposed pursuant to subdivision (a) of
Section 13967 of the Government Code, as operative on or before
September 28, 1994, or Section 1203.04 of the Penal Code, as
operative on or before August 2, 1995, or Section 1202.4 of the Penal
Code, the funds held in trust for, or to the credit of, a judgment
debtor described in subdivision (a) are exempt in the amount of three
hundred dollars ($300) without making a claim. The exemption
provided in this subdivision is not subject to adjustment under
Section 703.150.
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.
(b) The aggregate loan value of unmatured life insurance policies
(including endowment and annuity policies) is subject to the
enforcement of a money judgment but is exempt in the amount of nine
thousand seven hundred dollars ($9,700). If the judgment debtor is
married, each spouse is entitled to a separate exemption under this
subdivision, and the exemptions of the spouses may be combined,
regardless of whether the policies belong to either or both spouses
and regardless of whether the spouse of the judgment debtor is also a
judgment debtor under the judgment. The exemption provided by this
subdivision shall be first applied to policies other than the policy
before the court and then, if the exemption is not exhausted, to the
policy before the court.
(c) Benefits from matured life insurance policies (including
endowment and annuity policies) are exempt to the extent reasonably
necessary for the support of the judgment debtor and the spouse and
dependents of the judgment debtor.
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
trust, public corporation, or public board, or the governing body of
any of them, but does not include the United States except where
expressly so provided.
(2) "Public retirement benefit" means a pension or an annuity, or
a retirement, disability, death, or other benefit, paid or payable by
a public retirement system.
(3) "Public retirement system" means a system established pursuant
to statute by a public entity for retirement, annuity, or pension
purposes or payment of disability or death benefits.
(b) All amounts held, controlled, or in process of distribution by
a public entity derived from contributions by the public entity or
by an officer or employee of the public entity for public retirement
benefit purposes, and all rights and benefits accrued or accruing to
any person under a public retirement system, are exempt without
making a claim.
(c) Notwithstanding subdivision (b), where an amount described in
subdivision (b) becomes payable to a person and is sought to be
applied to the satisfaction of a judgment for child, family, or
spousal support against that person:
(1) Except as provided in paragraphs (2) and (3), the amount is
exempt only to the extent that the court determines under subdivision
(c) of Section 703.070.
(2) If the amount sought to be applied to the satisfaction of the
judgment is payable periodically, the amount payable is subject to an
earnings assignment order for support as defined in Section 706.011,
or any other applicable enforcement procedure, but the amount to be
withheld pursuant to the assignment order or other procedure shall
not exceed the amount permitted to be withheld on an earnings
withholding order for support under Section 706.052. The paying
entity may deduct from the payment being made to the judgment debtor,
for each payment made pursuant to an earnings assignment order under
this paragraph, an amount reflecting the actual cost of
administration caused by the assignment order of up to two dollars
($2) for each payment.
(3) If the intercept procedure provided for in Section 11357 of
the Welfare and Institutions Code is used for benefits that are
payable periodically, the amount to be withheld shall not exceed the
amount permitted to be withheld on an earnings withholding order for
support under Section 706.052.
(4) If the amount sought to be applied to the satisfaction of the
judgment is payable as a lump-sum distribution, the amount payable is
subject to the intercept procedure provided in Section 11357 of the
Welfare and Institutions Code or any other applicable enforcement
procedure.
(d) All amounts received by any person, a resident of the state,
as a public retirement benefit or as a return of contributions and
interest thereon from the United States or a public entity or from a
public retirement system are exempt.
704.113. (a) As used in this section, "vacation credits" means
vacation credits accumulated by a state employee pursuant to Section
18050 of the Government Code or by any other public employee pursuant
to any law for the accumulation of vacation credits applicable to
the employee.
(b) All vacation credits are exempt without making a claim.
(c) Amounts paid periodically or as a lump sum representing
vacation credits are subject to any earnings withholding order served
under Chapter 5 (commencing with Section 706.010) or any earnings
assignment order for support as defined in Section 706.011 and are
exempt to the same extent as earnings of a judgment debtor.
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 on any public entity described in
Section 704.110, other than the United States government, creates a
lien on all employee contributions in the amount necessary to satisfy
a support judgment as determined under Section 695.210 to the extent
that the judgment remains enforceable.
(b) The public entity shall comply with any request for a return
of employee contributions by an employee named in the order or notice
to withhold by delivering the contributions to the clerk of the
court in which the support order was awarded or last registered,
unless the entity has received a certified copy of an order or
administrative notice terminating the earnings assignment order for
support.
(c) Upon receipt of moneys pursuant to this section, the clerk of
the court, within 10 days, shall send written notice of the receipt
of the deposit to the parties and to the local child support agency
enforcing any order pursuant to Section 17400 of the Family Code.
(d) Moneys received pursuant to this section are subject to any
procedure available to enforce an order for support, but if no
enforcement procedure is commenced after 30 days have elapsed from
the date the notice of receipt is sent, the clerk shall, upon
request, return the moneys to the public entity that delivered the
moneys to the court unless the public entity has informed the court
in writing that the moneys shall be released to the employee.
(e) A court shall not directly or indirectly condition the
issuance, modification, or termination of, or condition the terms or
conditions of, any order for support upon the making of a request for
the return of employee contributions by an employee.
704.115. (a) As used in this section, "private retirement plan"
means:
(1) Private retirement plans, including, but not limited to, union
retirement plans.
(2) Profit-sharing plans designed and used for retirement
purposes.
(3) Self-employed retirement plans and individual retirement
annuities or accounts provided for in the Internal Revenue Code of
1986, as amended, including individual retirement accounts qualified
under Section 408 or 408A of that code, to the extent the amounts
held in the plans, annuities, or accounts do not exceed the maximum
amounts exempt from federal income taxation under that code.
(b) All amounts held, controlled, or in process of distribution by
a private retirement plan, for the payment of benefits as an
annuity, pension, retirement allowance, disability payment, or death
benefit from a private retirement plan are exempt.
(c) Notwithstanding subdivision (b), where an amount described in
subdivision (b) becomes payable to a person and is sought to be
applied to the satisfaction of a judgment for child, family, or
spousal support against that person:
(1) Except as provided in paragraph (2), the amount is exempt only
to the extent that the court determines under subdivision (c) of
Section 703.070.
(2) If the amount sought to be applied to the satisfaction of the
judgment is payable periodically, the amount payable is subject to an
earnings assignment order for support as defined in Section 706.011
or any other applicable enforcement procedure, but the amount to be
withheld pursuant to the assignment order or other procedure shall
not exceed the amount permitted to be withheld on an earnings
withholding order for support under Section 706.052.
(d) After payment, the amounts described in subdivision (b) and
all contributions and interest thereon returned to any member of a
private retirement plan are exempt.
(e) Notwithstanding subdivisions (b) and (d), except as provided
in subdivision (f), the amounts described in paragraph (3) of
subdivision (a) are exempt only to the extent necessary to provide
for the support of the judgment debtor when the judgment debtor
retires and for the support of the spouse and dependents of the
judgment debtor, taking into account all resources that are likely to
be available for the support of the judgment debtor when the
judgment debtor retires. In determining the amount to be exempt under
this subdivision, the court shall allow the judgment debtor such
additional amount as is necessary to pay any federal and state income
taxes payable as a result of the applying of an amount described in
paragraph (3) of subdivision (a) to the satisfaction of the money
judgment.
(f) Where the amounts described in paragraph (3) of subdivision
(a) are payable periodically, the amount of the periodic payment that
may be applied to the satisfaction of a money judgment is the amount
that may be withheld from a like amount of earnings under Chapter 5
(commencing with Section 706.010) (Wage Garnishment Law). To the
extent a lump-sum distribution from an individual retirement account
is treated differently from a periodic distribution under this
subdivision, any lump-sum distribution from an account qualified
under Section 408A of the Internal Revenue Code shall be treated the
same as a lump-sum distribution from an account qualified under
Section 408 of the Internal Revenue Code for purposes of determining
whether any of that payment may be applied to the satisfaction of a
money judgment.
704.120. (a) Contributions by workers payable to the Unemployment
Compensation Disability Fund and by employers payable to the
Unemployment Fund are exempt without making a claim.
(b) Before payment, amounts held for payment of the following
benefits are exempt without making a claim:
(1) Benefits payable under Division 1 (commencing with Section
100) of the Unemployment Insurance Code.
(2) Incentives payable under Division 2 (commencing with Section
5000) of the Unemployment Insurance Code.
(3) Benefits payable under an employer's plan or system to
supplement unemployment compensation benefits of the employees
generally or for a class or group of employees.
(4) Unemployment benefits payable by a fraternal organization to
its bona fide members.
(5) Benefits payable by a union due to a labor dispute.
(c) After payment, the benefits described in subdivision (b) are
exempt.
(d) During the payment of benefits described in paragraph (1) of
subdivision (b) to a judgment debtor under a support judgment, the
judgment creditor may, through the appropriate local child support
agency, seek to apply the benefit payment to satisfy the judgment as
provided by Section 17518 of the Family Code.
(e) During the payment of benefits described in paragraphs (2) to
(5), inclusive, of subdivision (b) to a judgment debtor under a
support judgment, the judgment creditor may, directly or through the
appropriate local child support agency, seek to apply the benefit
payments to satisfy the judgment by an earnings assignment order for
support as defined in Section 706.011 or any other applicable
enforcement procedure. If the benefit is payable periodically, the
amount to be withheld pursuant to the assignment order or other
procedure shall be 25 percent of the amount of each periodic payment
or any lower amount specified in writing by the judgment creditor or
court order, rounded down to the nearest whole dollar. Otherwise the
amount to be withheld shall be the amount the court determines under
subdivision (c) of Section 703.070. The paying entity may deduct from
each payment made pursuant to an assignment order under this
subdivision an amount reflecting the actual cost of administration
caused by the assignment order up to two dollars ($2) for each
payment.
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.
(b) Subdivision (a) does not apply to benefits that are paid or
payable to cover the cost of health care if the judgment creditor is
a provider of health care whose claim is the basis on which the
benefits are paid or payable.
(c) During the payment of disability benefits described in
subdivision (a) to a judgment debtor under a support judgment, the
judgment creditor or local child support agency may seek to apply the
benefit payments to satisfy the judgment by an earnings assignment
order for support, as defined in Section 706.011, or any other
applicable enforcement procedure, but the amount to be withheld
pursuant to the earnings assignment order or other procedure shall
not exceed the amount permitted to be withheld on an earnings
assignment order for support under Section 706.052.
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) Except as provided in subdivisions (c) and (d), an award of
damages or a settlement arising out of personal injury is exempt to
the extent necessary for the support of the judgment debtor and the
spouse and dependents of the judgment debtor.
(c) Subdivision (b) does not apply if the judgment creditor is a
provider of health care whose claim is based on the providing of
health care for the personal injury for which the award or settlement
was made.
(d) Where an award of damages or a settlement arising out of
personal injury is payable periodically, the amount of such periodic
payment that may be applied to the satisfaction of a money judgment
is the amount that may be withheld from a like amount of earnings
under Chapter 5 (commencing with Section 706.010) (Wage Garnishment
Law).
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) Except as provided in subdivision (c), an award of damages or
a settlement arising out of the wrongful death of the judgment debtor'
s spouse or a person on whom the judgment debtor or the judgment
debtor's spouse was dependent is exempt to the extent reasonably
necessary for support of the judgment debtor and the spouse and
dependents of the judgment debtor.
(c) Where an award of damages or a settlement arising out of the
wrongful death of the judgment debtor's spouse or a person on whom
the judgment debtor or the judgment debtor's spouse was dependent is
payable periodically, the amount of such a periodic payment that may
be applied to the satisfaction of a money judgment is the amount that
may be withheld from a like amount of earnings under Chapter 5
(commencing with Section 706.010) (Wage Garnishment Law).
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 or workers' compensation
awarded or adjudged is exempt without making a claim. Except as
specified in subdivision (b), after payment, the award is exempt.
(b) Notwithstanding any other provision of law, during the payment
of workers' compensation temporary disability benefits described in
subdivision (a) to a support judgment debtor, the support judgment
creditor may, through the appropriate local child support agency,
seek to apply the workers' compensation temporary disability benefit
payment to satisfy the support judgment as provided by Section 17404
of the Family Code.
(c) Notwithstanding any other provision of law, during the payment
of workers' compensation temporary disability benefits described in
subdivision (a) to a support judgment debtor under a support
judgment, including a judgment for reimbursement of public
assistance, the judgment creditor may, directly or through the
appropriate local child support agency, seek to apply the temporary
disability benefit payments to satisfy the support judgment by an
earnings assignment order for support, as defined in Section 5208 of
the Family Code, or any other applicable enforcement procedure. The
amount to be withheld pursuant to the earnings assignment order for
support or other enforcement procedure shall be 25 percent of the
amount of each periodic payment or any lower amount specified in
writing by the judgment creditor or court order, rounded down to the
nearest dollar. Otherwise, the amount to be withheld shall be the
amount the court determines under subdivision (c) of Section 703.070.
The paying entity may deduct from each payment made pursuant to an
order assigning earnings under this subdivision an amount reflecting
the actual cost of administration of this assignment, up to two
dollars ($2) for each payment.
(d) Unless the provision or context otherwise requires, the
following definitions govern the construction of this section.
(1) "Judgment debtor" or "support judgment debtor" means a person
who is owing a duty of support.
(2) "Judgment creditor" or "support judgment creditor" means the
person to whom support has been ordered to be paid.
(3) "Support" refers to an obligation owing on behalf of a child,
spouse, or family; or an amount owing pursuant to Section 17402 of
the Family Code. It also includes past due support or arrearage when
it exists.
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 charitable organization or a fraternal
benefit society as defined in Section 10990 of the Insurance Code, is
exempt without making a claim. After payment, the aid is exempt.
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 of Title 1 of the Government Code or
the federal "Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970" (42 U.S.C. Sec. 4601 et seq.), as
amended, are exempt without making a claim. After payment, the
benefits are exempt.
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 States Code, as amended.
(b) Before payment, financial aid for expenses while attending
school provided to a student by an institution of higher education is
exempt without making a claim. After payment, the aid is exempt.
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 the requirements of
Section 8650 of the Health and Safety Code.
(3) "Plot" has the meaning provided by Section 7022 of the Health
and Safety Code.
(b) A family plot is exempt without making a claim.
(c) Except as provided in subdivision (d), a cemetery plot for the
judgment debtor and the spouse of the judgment debtor is exempt.
(d) Land held for the purpose of sale or disposition as cemetery
plots or otherwise is not exempt.
704.210. Property that is not subject to enforcement of a money
judgment is exempt without making a claim.
704.010. (a) Any combination of the following is exempt in the
amount of two thousand three hundred dollars ($2,300):
(1) The aggregate equity in motor vehicles.
(2) The proceeds of an execution sale of a motor vehicle.
(3) The proceeds of insurance or other indemnification for the
loss, damage, or destruction of a motor vehicle.
(b) Proceeds exempt under subdivision (a) are exempt for a period
of 90 days after the time the proceeds are actually received by the
judgment debtor.
(c) For the purpose of determining the equity, the fair market
value of a motor vehicle shall be determined by reference to used car
price guides customarily used by California automobile dealers
unless the motor vehicle is not listed in such price guides.
(d) If the judgment debtor has only one motor vehicle and it is
sold at an execution sale, the proceeds of the execution sale are
exempt in the amount of two thousand three hundred dollars ($2,300)
without making a claim. The levying officer shall consult and may
rely upon the records of the Department of Motor Vehicles in
determining whether the judgment debtor has only one motor vehicle.
In the case covered by this subdivision, the exemption provided by
subdivision (a) is not available.
704.020. (a) Household furnishings, appliances, provisions, wearing
apparel, and other personal effects are exempt in the following
cases:
(1) 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.
(2) Where the judgment debtor and the judgment debtor's spouse
live separate and apart, if ordinarily and reasonably necessary to,
and personally used or procured for use by, the spouse and members of
the spouse's family at the spouse's principal place of residence.
(b) In determining whether an item of property is "ordinarily and
reasonably necessary" under subdivision (a), the court shall take
into account both of the following:
(1) The extent to which the particular type of item is ordinarily
found in a household.
(2) Whether the particular item has extraordinary value as
compared to the value of items of the same type found in other
households.
(c) If an item of property for which an exemption is claimed
pursuant to this section is an item of the type ordinarily found in a
household but is determined not to be exempt because the item has
extraordinary value as compared to the value of items of the same
type found in other households, the proceeds obtained at an execution
sale of the item are exempt in the amount determined by the court to
be a reasonable amount sufficient to purchase a replacement of
ordinary value if the court determines that a replacement is
reasonably necessary. Proceeds exempt under this subdivision are
exempt for a period of 90 days after the proceeds are actually
received by the judgment debtor.
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 two thousand four hundred twenty-five
dollars ($2,425) in the following cases:
(a) If purchased in good faith for use in the repair or
improvement of the judgment debtor's principal place of residence.
(b) Where the judgment debtor and the judgment debtor's spouse
live separate and apart, if purchased in good faith for use in the
repair or improvement of the spouse's principal place of residence.
704.040. Jewelry, heirlooms, and works of art are exempt to the
extent that the aggregate equity therein does not exceed six thousand
seventy-five dollars ($6,075).
704.050. 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 prosthetic and orthopedic appliances, are
exempt.
704.060. (a) Tools, implements, instruments, materials, uniforms,
furnishings, books, equipment, one commercial motor vehicle, one
vessel, and other personal property are exempt to the extent that the
aggregate equity therein does not exceed:
(1) Six thousand seventy-five dollars $6,075), if reasonably
necessary to and actually used by the judgment debtor in the exercise
of the trade, business, or profession by which the judgment debtor
earns a livelihood.
(2) Six thousand seventy-five dollars ($6,075), if reasonably
necessary to and actually used by the spouse of the judgment debtor
in the exercise of the trade, business, or profession by which the
spouse earns a livelihood.
(3) Twice the amount of the exemption provided in paragraph (1),
if reasonably necessary to and actually used by the judgment debtor
and by the spouse of the judgment debtor in the exercise of the same
trade, business, or profession by which both earn a livelihood. In
the case covered by this paragraph, the exemptions provided in
paragraphs (1) and (2) are not available.
(b) If property described in subdivision (a) is sold at an
execution sale, or if it has been lost, damaged, or destroyed, the
proceeds of the execution sale or of insurance or other
indemnification are exempt for a period of 90 days after the proceeds
are actually received by the judgment debtor or the judgment debtor'
s spouse. The amount exempt under this subdivision is the amount
specified in subdivision (a) that applies to the particular case less
the aggregate equity of any other property to which the exemption
provided by subdivision (a) for the particular case has been applied.
(c) Notwithstanding subdivision (a), a motor vehicle is not exempt
under subdivision (a) if there is a motor vehicle exempt under
Section 704.010 which is reasonably adequate for use in the trade,
business, or profession for which the exemption is claimed under this
section.
(d) Notwithstanding subdivisions (a) and (b):
(1) The amount of the exemption for a commercial motor vehicle
under paragraph (1) or (2) of subdivision (a) is limited to four
thousand eight hundred fifty dollars ($4,850).
(2) The amount of the exemption for a commercial motor vehicle
under paragraph (3) of subdivision (a) is limited to twice the amount
of the exemption provided in paragraph (1) of this subdivision.
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
Garnishment Law).
(2) "Paid earnings" means earnings as defined in Section 706.011
that were paid to the employee during the 30-day period ending on the
date of the levy. For the purposes of this paragraph, where earnings
that have been paid to the employee are sought to be subjected to
the enforcement of a money judgment other than by a levy, the date of
levy is deemed to be the date the earnings were otherwise subjected
to the enforcement of the judgment.
(3) "Earnings assignment order for support" means an earnings
assignment order for support as defined in Section 706.011.
(b) Paid earnings that can be traced into deposit accounts or in
the form of cash or its equivalent as provided in Section 703.080 are
exempt in the following amounts:
(1) All of the paid earnings are exempt if prior to payment to the
employee they were subject to an earnings withholding order or an
earnings assignment order for support.
(2) Seventy-five percent of the paid earnings that are levied upon
or otherwise sought to be subjected to the enforcement of a money
judgment are exempt if prior to payment to the employee they were not
subject to an earnings withholding order or an earnings assignment
order for support.
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 directly deposited
by the government or its agent.
(2) "Social security benefits" means payments authorized by the
Social Security Administration for regular retirement and survivors'
benefits, supplemental security income benefits, coal miners' health
benefits, and disability insurance benefits. "Public benefits" means
aid payments authorized pursuant to subdivision (a) of Section 11450
of the Welfare and Institutions Code, payments for supportive
services as described in Section 11323.2 of the Welfare and
Institutions Code, and general assistance payments made pursuant to
Section 17000.5 of the Welfare and Institutions Code.
(b) A deposit account is exempt without making a claim in the
following amount:
(1) One thousand two hundred twenty-five dollars ($1,225) where
one depositor is the designated payee of the directly deposited
public benefits payments.
(2) Two thousand four hundred twenty-five dollars ($2,425) where
one depositor is the designated payee of directly deposited social
security payments.
(3) One thousand eight hundred twenty-five dollars ($1,825) 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.
(4) Three thousand six hundred fifty dollars ($3,650) where two or
more depositors are the designated payees of directly deposited
social security 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 (2)
applies.
(c) The amount of a deposit account that exceeds the exemption
provided in subdivision (b) is exempt to the extent that it consists
of payments of public benefits or social security benefits.
(d) Notwithstanding Article 5 (commencing with Section 701.010) of
Chapter 3, when a deposit account is levied upon or otherwise sought
to be subjected to the enforcement of a money judgment, the
financial institution that holds the deposit account shall either
place the amount that exceeds the exemption provided in subdivision
(b) in a suspense account or otherwise prohibit withdrawal of that
amount pending notification of the failure of the judgment creditor
to file the affidavit required by this section or the judicial
determination of the exempt status of the amount. Within 10 business
days after the levy, the financial institution shall provide the
levying officer with a written notice stating (1) that the deposit
account is one in which payments of public benefits or social
security benefits are directly deposited by the government or its
agent and (2) the balance of the deposit account that exceeds the
exemption provided by subdivision (b). Promptly upon receipt of the
notice, the levying officer shall serve the notice on the judgment
creditor. Service shall be made personally or by mail.
(e) Notwithstanding the procedure prescribed in Article 2
(commencing with Section 703.510), whether there is an amount exempt
under subdivision (c) shall be determined as follows:
(1) Within five days after the levying officer serves the notice
on the judgment creditor under subdivision (d), a judgment creditor
who desires to claim that the amount is not exempt shall file with
the court an affidavit alleging that the amount is not exempt and
file a copy with the levying officer. The affidavit shall be in the
form of the notice of opposition provided by Section 703.560, and a
hearing shall be set and held, and notice given, as provided by
Sections 703.570 and 703.580. For the purpose of this subdivision,
the "notice of opposition to the claim of exemption" in Sections
703.570 and 703.580 means the affidavit under this subdivision.
(2) If the judgment creditor does not file the affidavit with the
levying officer and give notice of hearing pursuant to Section
703.570 within the time provided in paragraph (1), the levying
officer shall release the deposit account and shall notify the
financial institution.
(3) The affidavit constitutes the pleading of the judgment
creditor, subject to the power of the court to permit amendments in
the interest of justice. The affidavit is deemed controverted and no
counteraffidavit is required.
(4) At a hearing under this subdivision, the judgment debtor has
the burden of proving that the excess amount is exempt.
(5) At the conclusion of the hearing, the court by order shall
determine whether or not the amount of the deposit account is exempt
pursuant to subdivision (c) in whole or in part and shall make an
appropriate order for its prompt disposition. No findings are
required in a proceeding under this subdivision.
(6) Upon determining the exemption claim for the deposit account
under subdivision (c), the court shall immediately transmit a
certified copy of the order of the court to the financial institution
and to the levying officer. If the order determines that all or part
of the excess is exempt under subdivision (c), with respect to the
amount of the excess which is exempt, the financial institution shall
transfer the exempt excess from the suspense account or otherwise
release any restrictions on its withdrawal by the judgment debtor.
The transfer or release shall be effected within three business days
of the receipt of the certified copy of the court order by the
financial institution.
(f) If the judgment debtor claims that a portion of the amount is
exempt other than pursuant to subdivision (c), the claim of exemption
shall be made pursuant to Article 2 (commencing with Section
703.510). If the judgment debtor also opposes the judgment creditor's
affidavit regarding an amount exempt pursuant to subdivision (c),
both exemptions shall be determined at the same hearing, provided the
judgment debtor has complied with Article 2 (commencing with Section
703.510).
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 Authority or confined in any county or
city jail, road camp, industrial farm, or other local correctional
facility, held in trust for or to the credit of the judgment debtor,
in an inmate's trust account or similar account by the state, county,
or city, or any agency thereof, are exempt without making a claim in
the amount of one thousand two hundred twenty-five dollars ($1,225).
If the judgment debtor is married, each spouse is entitled to a
separate exemption under this section or the spouses may combine
their exemptions.
(b) Notwithstanding subdivision (a), if the judgment is for a
restitution fine or order imposed pursuant to subdivision (a) of
Section 13967 of the Government Code, as operative on or before
September 28, 1994, or Section 1203.04 of the Penal Code, as
operative on or before August 2, 1995, or Section 1202.4 of the Penal
Code, the funds held in trust for, or to the credit of, a judgment
debtor described in subdivision (a) are exempt in the amount of three
hundred dollars ($300) without making a claim. The exemption
provided in this subdivision is not subject to adjustment under
Section 703.150.
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.
(b) The aggregate loan value of unmatured life insurance policies
(including endowment and annuity policies) is subject to the
enforcement of a money judgment but is exempt in the amount of nine
thousand seven hundred dollars ($9,700). If the judgment debtor is
married, each spouse is entitled to a separate exemption under this
subdivision, and the exemptions of the spouses may be combined,
regardless of whether the policies belong to either or both spouses
and regardless of whether the spouse of the judgment debtor is also a
judgment debtor under the judgment. The exemption provided by this
subdivision shall be first applied to policies other than the policy
before the court and then, if the exemption is not exhausted, to the
policy before the court.
(c) Benefits from matured life insurance policies (including
endowment and annuity policies) are exempt to the extent reasonably
necessary for the support of the judgment debtor and the spouse and
dependents of the judgment debtor.
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
trust, public corporation, or public board, or the governing body of
any of them, but does not include the United States except where
expressly so provided.
(2) "Public retirement benefit" means a pension or an annuity, or
a retirement, disability, death, or other benefit, paid or payable by
a public retirement system.
(3) "Public retirement system" means a system established pursuant
to statute by a public entity for retirement, annuity, or pension
purposes or payment of disability or death benefits.
(b) All amounts held, controlled, or in process of distribution by
a public entity derived from contributions by the public entity or
by an officer or employee of the public entity for public retirement
benefit purposes, and all rights and benefits accrued or accruing to
any person under a public retirement system, are exempt without
making a claim.
(c) Notwithstanding subdivision (b), where an amount described in
subdivision (b) becomes payable to a person and is sought to be
applied to the satisfaction of a judgment for child, family, or
spousal support against that person:
(1) Except as provided in paragraphs (2) and (3), the amount is
exempt only to the extent that the court determines under subdivision
(c) of Section 703.070.
(2) If the amount sought to be applied to the satisfaction of the
judgment is payable periodically, the amount payable is subject to an
earnings assignment order for support as defined in Section 706.011,
or any other applicable enforcement procedure, but the amount to be
withheld pursuant to the assignment order or other procedure shall
not exceed the amount permitted to be withheld on an earnings
withholding order for support under Section 706.052. The paying
entity may deduct from the payment being made to the judgment debtor,
for each payment made pursuant to an earnings assignment order under
this paragraph, an amount reflecting the actual cost of
administration caused by the assignment order of up to two dollars
($2) for each payment.
(3) If the intercept procedure provided for in Section 11357 of
the Welfare and Institutions Code is used for benefits that are
payable periodically, the amount to be withheld shall not exceed the
amount permitted to be withheld on an earnings withholding order for
support under Section 706.052.
(4) If the amount sought to be applied to the satisfaction of the
judgment is payable as a lump-sum distribution, the amount payable is
subject to the intercept procedure provided in Section 11357 of the
Welfare and Institutions Code or any other applicable enforcement
procedure.
(d) All amounts received by any person, a resident of the state,
as a public retirement benefit or as a return of contributions and
interest thereon from the United States or a public entity or from a
public retirement system are exempt.
704.113. (a) As used in this section, "vacation credits" means
vacation credits accumulated by a state employee pursuant to Section
18050 of the Government Code or by any other public employee pursuant
to any law for the accumulation of vacation credits applicable to
the employee.
(b) All vacation credits are exempt without making a claim.
(c) Amounts paid periodically or as a lump sum representing
vacation credits are subject to any earnings withholding order served
under Chapter 5 (commencing with Section 706.010) or any earnings
assignment order for support as defined in Section 706.011 and are
exempt to the same extent as earnings of a judgment debtor.
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 on any public entity described in
Section 704.110, other than the United States government, creates a
lien on all employee contributions in the amount necessary to satisfy
a support judgment as determined under Section 695.210 to the extent
that the judgment remains enforceable.
(b) The public entity shall comply with any request for a return
of employee contributions by an employee named in the order or notice
to withhold by delivering the contributions to the clerk of the
court in which the support order was awarded or last registered,
unless the entity has received a certified copy of an order or
administrative notice terminating the earnings assignment order for
support.
(c) Upon receipt of moneys pursuant to this section, the clerk of
the court, within 10 days, shall send written notice of the receipt
of the deposit to the parties and to the local child support agency
enforcing any order pursuant to Section 17400 of the Family Code.
(d) Moneys received pursuant to this section are subject to any
procedure available to enforce an order for support, but if no
enforcement procedure is commenced after 30 days have elapsed from
the date the notice of receipt is sent, the clerk shall, upon
request, return the moneys to the public entity that delivered the
moneys to the court unless the public entity has informed the court
in writing that the moneys shall be released to the employee.
(e) A court shall not directly or indirectly condition the
issuance, modification, or termination of, or condition the terms or
conditions of, any order for support upon the making of a request for
the return of employee contributions by an employee.
704.115. (a) As used in this section, "private retirement plan"
means:
(1) Private retirement plans, including, but not limited to, union
retirement plans.
(2) Profit-sharing plans designed and used for retirement
purposes.
(3) Self-employed retirement plans and individual retirement
annuities or accounts provided for in the Internal Revenue Code of
1986, as amended, including individual retirement accounts qualified
under Section 408 or 408A of that code, to the extent the amounts
held in the plans, annuities, or accounts do not exceed the maximum
amounts exempt from federal income taxation under that code.
(b) All amounts held, controlled, or in process of distribution by
a private retirement plan, for the payment of benefits as an
annuity, pension, retirement allowance, disability payment, or death
benefit from a private retirement plan are exempt.
(c) Notwithstanding subdivision (b), where an amount described in
subdivision (b) becomes payable to a person and is sought to be
applied to the satisfaction of a judgment for child, family, or
spousal support against that person:
(1) Except as provided in paragraph (2), the amount is exempt only
to the extent that the court determines under subdivision (c) of
Section 703.070.
(2) If the amount sought to be applied to the satisfaction of the
judgment is payable periodically, the amount payable is subject to an
earnings assignment order for support as defined in Section 706.011
or any other applicable enforcement procedure, but the amount to be
withheld pursuant to the assignment order or other procedure shall
not exceed the amount permitted to be withheld on an earnings
withholding order for support under Section 706.052.
(d) After payment, the amounts described in subdivision (b) and
all contributions and interest thereon returned to any member of a
private retirement plan are exempt.
(e) Notwithstanding subdivisions (b) and (d), except as provided
in subdivision (f), the amounts described in paragraph (3) of
subdivision (a) are exempt only to the extent necessary to provide
for the support of the judgment debtor when the judgment debtor
retires and for the support of the spouse and dependents of the
judgment debtor, taking into account all resources that are likely to
be available for the support of the judgment debtor when the
judgment debtor retires. In determining the amount to be exempt under
this subdivision, the court shall allow the judgment debtor such
additional amount as is necessary to pay any federal and state income
taxes payable as a result of the applying of an amount described in
paragraph (3) of subdivision (a) to the satisfaction of the money
judgment.
(f) Where the amounts described in paragraph (3) of subdivision
(a) are payable periodically, the amount of the periodic payment that
may be applied to the satisfaction of a money judgment is the amount
that may be withheld from a like amount of earnings under Chapter 5
(commencing with Section 706.010) (Wage Garnishment Law). To the
extent a lump-sum distribution from an individual retirement account
is treated differently from a periodic distribution under this
subdivision, any lump-sum distribution from an account qualified
under Section 408A of the Internal Revenue Code shall be treated the
same as a lump-sum distribution from an account qualified under
Section 408 of the Internal Revenue Code for purposes of determining
whether any of that payment may be applied to the satisfaction of a
money judgment.
704.120. (a) Contributions by workers payable to the Unemployment
Compensation Disability Fund and by employers payable to the
Unemployment Fund are exempt without making a claim.
(b) Before payment, amounts held for payment of the following
benefits are exempt without making a claim:
(1) Benefits payable under Division 1 (commencing with Section
100) of the Unemployment Insurance Code.
(2) Incentives payable under Division 2 (commencing with Section
5000) of the Unemployment Insurance Code.
(3) Benefits payable under an employer's plan or system to
supplement unemployment compensation benefits of the employees
generally or for a class or group of employees.
(4) Unemployment benefits payable by a fraternal organization to
its bona fide members.
(5) Benefits payable by a union due to a labor dispute.
(c) After payment, the benefits described in subdivision (b) are
exempt.
(d) During the payment of benefits described in paragraph (1) of
subdivision (b) to a judgment debtor under a support judgment, the
judgment creditor may, through the appropriate local child support
agency, seek to apply the benefit payment to satisfy the judgment as
provided by Section 17518 of the Family Code.
(e) During the payment of benefits described in paragraphs (2) to
(5), inclusive, of subdivision (b) to a judgment debtor under a
support judgment, the judgment creditor may, directly or through the
appropriate local child support agency, seek to apply the benefit
payments to satisfy the judgment by an earnings assignment order for
support as defined in Section 706.011 or any other applicable
enforcement procedure. If the benefit is payable periodically, the
amount to be withheld pursuant to the assignment order or other
procedure shall be 25 percent of the amount of each periodic payment
or any lower amount specified in writing by the judgment creditor or
court order, rounded down to the nearest whole dollar. Otherwise the
amount to be withheld shall be the amount the court determines under
subdivision (c) of Section 703.070. The paying entity may deduct from
each payment made pursuant to an assignment order under this
subdivision an amount reflecting the actual cost of administration
caused by the assignment order up to two dollars ($2) for each
payment.
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.
(b) Subdivision (a) does not apply to benefits that are paid or
payable to cover the cost of health care if the judgment creditor is
a provider of health care whose claim is the basis on which the
benefits are paid or payable.
(c) During the payment of disability benefits described in
subdivision (a) to a judgment debtor under a support judgment, the
judgment creditor or local child support agency may seek to apply the
benefit payments to satisfy the judgment by an earnings assignment
order for support, as defined in Section 706.011, or any other
applicable enforcement procedure, but the amount to be withheld
pursuant to the earnings assignment order or other procedure shall
not exceed the amount permitted to be withheld on an earnings
assignment order for support under Section 706.052.
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) Except as provided in subdivisions (c) and (d), an award of
damages or a settlement arising out of personal injury is exempt to
the extent necessary for the support of the judgment debtor and the
spouse and dependents of the judgment debtor.
(c) Subdivision (b) does not apply if the judgment creditor is a
provider of health care whose claim is based on the providing of
health care for the personal injury for which the award or settlement
was made.
(d) Where an award of damages or a settlement arising out of
personal injury is payable periodically, the amount of such periodic
payment that may be applied to the satisfaction of a money judgment
is the amount that may be withheld from a like amount of earnings
under Chapter 5 (commencing with Section 706.010) (Wage Garnishment
Law).
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) Except as provided in subdivision (c), an award of damages or
a settlement arising out of the wrongful death of the judgment debtor'
s spouse or a person on whom the judgment debtor or the judgment
debtor's spouse was dependent is exempt to the extent reasonably
necessary for support of the judgment debtor and the spouse and
dependents of the judgment debtor.
(c) Where an award of damages or a settlement arising out of the
wrongful death of the judgment debtor's spouse or a person on whom
the judgment debtor or the judgment debtor's spouse was dependent is
payable periodically, the amount of such a periodic payment that may
be applied to the satisfaction of a money judgment is the amount that
may be withheld from a like amount of earnings under Chapter 5
(commencing with Section 706.010) (Wage Garnishment Law).
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 or workers' compensation
awarded or adjudged is exempt without making a claim. Except as
specified in subdivision (b), after payment, the award is exempt.
(b) Notwithstanding any other provision of law, during the payment
of workers' compensation temporary disability benefits described in
subdivision (a) to a support judgment debtor, the support judgment
creditor may, through the appropriate local child support agency,
seek to apply the workers' compensation temporary disability benefit
payment to satisfy the support judgment as provided by Section 17404
of the Family Code.
(c) Notwithstanding any other provision of law, during the payment
of workers' compensation temporary disability benefits described in
subdivision (a) to a support judgment debtor under a support
judgment, including a judgment for reimbursement of public
assistance, the judgment creditor may, directly or through the
appropriate local child support agency, seek to apply the temporary
disability benefit payments to satisfy the support judgment by an
earnings assignment order for support, as defined in Section 5208 of
the Family Code, or any other applicable enforcement procedure. The
amount to be withheld pursuant to the earnings assignment order for
support or other enforcement procedure shall be 25 percent of the
amount of each periodic payment or any lower amount specified in
writing by the judgment creditor or court order, rounded down to the
nearest dollar. Otherwise, the amount to be withheld shall be the
amount the court determines under subdivision (c) of Section 703.070.
The paying entity may deduct from each payment made pursuant to an
order assigning earnings under this subdivision an amount reflecting
the actual cost of administration of this assignment, up to two
dollars ($2) for each payment.
(d) Unless the provision or context otherwise requires, the
following definitions govern the construction of this section.
(1) "Judgment debtor" or "support judgment debtor" means a person
who is owing a duty of support.
(2) "Judgment creditor" or "support judgment creditor" means the
person to whom support has been ordered to be paid.
(3) "Support" refers to an obligation owing on behalf of a child,
spouse, or family; or an amount owing pursuant to Section 17402 of
the Family Code. It also includes past due support or arrearage when
it exists.
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 charitable organization or a fraternal
benefit society as defined in Section 10990 of the Insurance Code, is
exempt without making a claim. After payment, the aid is exempt.
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 of Title 1 of the Government Code or
the federal "Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970" (42 U.S.C. Sec. 4601 et seq.), as
amended, are exempt without making a claim. After payment, the
benefits are exempt.
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 States Code, as amended.
(b) Before payment, financial aid for expenses while attending
school provided to a student by an institution of higher education is
exempt without making a claim. After payment, the aid is exempt.
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 the requirements of
Section 8650 of the Health and Safety Code.
(3) "Plot" has the meaning provided by Section 7022 of the Health
and Safety Code.
(b) A family plot is exempt without making a claim.
(c) Except as provided in subdivision (d), a cemetery plot for the
judgment debtor and the spouse of the judgment debtor is exempt.
(d) Land held for the purpose of sale or disposition as cemetery
plots or otherwise is not exempt.
704.210. Property that is not subject to enforcement of a money
judgment is exempt without making a claim.
