New Enforcement of Judgment Forms, Claim of Exemption Timelines, and Automatic Exemptions for Judgment Debtors Effective September 1, 2020
SB616 becomes effective on Tuesday September 1, 2020. Several major changes take effect including new Enforcement of Judgment Judicial Council forms, extension of the time for a debtor to file a Claim of Exemption, an automatic exemption of money in a judgment debtor’s account, and a mandatory procedure for the judgment creditor to follow if a debtor holds an interest in multiple accounts at two or more financial institutions.
Forms changes include the Writ of Execution (EJ-130), Notice of Levy (EJ-150, Exemptions form the Enforcement of Judgments (EJ-155), Current Dollar Amounts of Exemptions from Enforcement of Judgments (EJ-156), and several forms for filing an Ex Parte Application for an Order on Deposit Account Exemption. The forms can be found on the Judicial Council website Forms Page or from your form provider.
As amended, CCP §703.520 states a claimant must make a claim of exemption within 15 days if personally served or 20 days if served by mail. As amended, CCP §703.550 requires a judgment creditor who opposes a Claim of Exemption to file a notice of opposition and a notice of motion for an order determining the claim of exemption within 15 days after service of the notice of claim of exemption.
Section 704.220 is added to the Code of Civil Procedure and creates an exemption without making a claim. This section states in part “Money in the judgment debtor’s deposit account in an amount equal to or less than the minimum basic standard of adequate care for a family of four for Region 1, established by Section 11452 of the Welfare and Institutions Code and as annually adjusted by the State Department of Social Services pursuant to Section 11453 of the Welfare and Institutions Code, is exempt without making a claim.”. There are a few exceptions including a levy to satisfy a judgment for wages owed, child support, spousal support, a provision of the Public Resources Code, Revenue and Taxation Code, or Unemployment Insurance Code, and a warrant or levy issued by the state or any department or agency thereof for the collection of a liability.
CLICK HERE to see the New & Revised Judicial Forms
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