Property Exempt Form Enforcement
$2300 Combination CCP 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.
CCP 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.
Jewelry & Heirlooms
CCP 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).
(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.
704.730. (a) The amount of the homestead exemption is one of the
following:
(1) Fifty thousand dollars ($50,000) unless the judgment debtor or spouse of the judgment debtor who resides in the homestead is a
person described in paragraph (2) or (3).
(2) Seventy-five
thousand dollars ($75,000) if the judgment debtor or spouse of the judgment
debtor who resides in the homestead is at the time of the attempted
sale of the homestead a member of a family unit, and there is at least
one member of the family unit who owns no interest in the homestead
or whose only interest in the homestead is a community property interest
with the judgment debtor.
(3) One hundred fifty thousand dollars ($150,000) if the judgment debtor or spouse of the judgment debtor who resides in the homestead is at the time of the attempted sale of the homestead any one of the following:
(A) A person 65 years of age or older.
(B) A person physically or mentally disabled and as a result of that disability is unable to engage in substantial gainful employment. There is a rebuttable presumption affecting the burden of proof that a person receiving disability insurance benefit payments under Title II or supplemental security income payments under Title XVI of the federal Social Security Act satisfies the requirements of this paragraph as to his or her inability to engage in substantial gainful employment.
(C) A person 55 years of age
or older with a gross annual income of not more than fifteen thousand
dollars ($15,000) or, if the judgment debtor is married, a gross annual
income, including the gross annual income of the judgment debtor's spouse,
of not more than twenty thousand dollars ($20,000) and the sale is an
involuntary sale.
(b) Notwithstanding
any other provision of this section, the combined homestead exemptions
of spouses on the same judgment shall not exceed the amount specified
in paragraph (2) or (3), whichever is applicable, of subdivision (a),
regardless of whether the spouses are jointly obligated on the judgment
and regardless of whether the homestead consists of community or separate
property or both. Notwithstanding any other provision of this article,
if both spouses are entitled to a homestead exemption, the exemption
of proceeds of the homestead shall be apportioned between the spouses
on the basis of their proportionate interests in the homestead.
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 extent
necessary for the support of the judgment debtor and the
spouse and dependents of the judgment debtor.
