1. CLAIM OF EXEMPTION
This is a collection case based on defendant’s failure to make regular payments on a car loan. Judgment was entered back in 2005, and renewed in late 2014. The Judgment has been partially satisfied, but a balance of $2,566.38 remains. The parties previously agreed upon a claim of exemption, but there does not appear to be any agreement at present.
As a general rule, all property of the judgment debtor is subject to enforcement of a money judgment. There are, however, Constitutional limits and statutory exemptions designed to facilitate the debtor's financial rehabilitation. The debtor bears the burden of establishing a particular exemption, though any uncertainty is to be interpreted in the debtor’s favor. Sourcecorp, Inc. v. Shill (2012) 206 Cal.App.4th 1054, 1058; Kono v. Meeker (2011) 196 Cal.App.4th 81, 86.
One such exemption relates to regular wages. There is a statutory cap on garnishment equal to 25% of a debtor’s disposable earnings (which are those earnin
Hearing Date
March 10, 2017
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1. CLAIM OF EXEMPTION
This is a collection case based on defendant’s failure to make regular payments on a car loan. Judgment was entered back in 2005, and renewed in late 2014. The Judgment has been partially satisfied, but a balance of $2,566.38 remains. The parties previously agreed upon a claim of exemption, but there does not appear to be any agreement at present.
As a general rule, all property of the judgment debtor is subject to enforcement of a money judgment. There are, however, Constitutional limits and statutory exemptions designed to facilitate the debtor's financial rehabilitation. The debtor bears the burden of establishing a particular exemption, though any uncertainty is to be interpreted in the debtor’s favor. Sourcecorp, Inc. v. Shill (2012) 206 Cal.App.4th 1054, 1058; Kono v. Meeker (2011) 196 Cal.App.4th 81, 86.
One such exemption relates to regular wages. There is a statutory cap on garnishment equal to 25% of a debtor’s disposable earnings (which are those earnin