The Claim of Exemption is denied.
At a hearing in opposition to a claim of exemption, the claimant has the burden of proof. (See CCP 703.580(b)).
Section 4 of the claim form lists the following exempt property: "Contents of all cash receptacles; cash on the premises; incoming payments and receipts; checks; transactions." Section 5 of the form lists the following statutes as supporting the claim of exemption as to the property listed in section 4: CCP 704.010; 704.060; 704.070; and 704.120.
None of the statutes listed in section 5 of the claim form supports a claim of exemption as to the property listed in section 4 of the claim form. The sections provide for an exemption for such things as equity in motor vehicles; equity in tools and other items of personal property; paid earnings; and unemployment compensation disability and unemployment benefits. None of the listed statutes allow a claimant to exempt "Contents of all cash receptacles; cash on the premises; incoming payments and r
Hearing Date
March 02, 2017
Category
Civil - Unlimited
Type
Breach of Contract/Warranty
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The Claim of Exemption is denied.
At a hearing in opposition to a claim of exemption, the claimant has the burden of proof. (See CCP 703.580(b)).
Section 4 of the claim form lists the following exempt property: "Contents of all cash receptacles; cash on the premises; incoming payments and receipts; checks; transactions." Section 5 of the form lists the following statutes as supporting the claim of exemption as to the property listed in section 4: CCP 704.010; 704.060; 704.070; and 704.120.
None of the statutes listed in section 5 of the claim form supports a claim of exemption as to the property listed in section 4 of the claim form. The sections provide for an exemption for such things as equity in motor vehicles; equity in tools and other items of personal property; paid earnings; and unemployment compensation disability and unemployment benefits. None of the listed statutes allow a claimant to exempt "Contents of all cash receptacles; cash on the premises; incoming payments and r