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704.220.
(a) 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.
(b) (1) Subdivision (a) does not preclude or reduce a judgment debtor’s right to any other exemption provided by state or federal law.
(2) If the financial institution holding the judgment debtor’s deposit account has actual knowledge that the judgment debtor is entitled to one or more exemptions that the financial institution is required to apply pursuant to federal law or state law other than that set forth in subdivision (a), the following shall apply:
(A) If the sum of the amount of money in the deposit account that would be exempt from levy under the additional exemptions is less than or equal to the amount set
forth in subdivision (a), the additional exemptions described in this paragraph shall be considered encompassed within the exemption set forth in subdivision (a) and subdivision (a) shall apply.(B) If the sum of the amount of money in the deposit account that would be exempt from levy under the additional exemptions is greater than the amount set forth in subdivision (a), subdivision (a) shall not apply and instead money in the deposit account equal to or less than the sum of the additional exemptions is exempt without making a claim.
(c) Subdivision (a) does not apply to money levied upon to satisfy any of the following:
(1) A levy to
satisfy a judgment for wages owed, child support, or spousal support. For purposes of this paragraph, “wages owed” includes damages and penalties.(2) A provision of the Public Resources Code, Revenue and Taxation Code, or Unemployment Insurance Code.
(3) A warrant or notice of levy issued by the state, or any department or agency thereof, for the collection of a liability.
(d) A levy against a judgment debtor’s deposit account shall include a written description of the requirements of this section.
(e) (1) The exemption applies per debtor, not per account.
(2) If a judgment debtor holds an interest in multiple accounts at a single financial institution, the judgment creditor or judgment debtor may file an ex parte application in the superior court in which the judgment was entered for a hearing to establish how and to which account the exemption should be applied. Subject to a service of an order issued in that hearing, if any, the financial institution may determine how and to which account the exemption should be applied. This paragraph does not create a cause of action against a judgment creditor who executes a levy or against a financial institution that complies with a levy pursuant to the court’s determination.
(3) If a judgment debtor holds an interest in multiple accounts at two or more financial
institutions, the judgment creditor shall, and the judgment debtor may, file an ex parte application in the superior court in which the judgment was entered for a hearing to establish how and to which account the exemption should be applied. Subject to a service of an order issued in that hearing, if any, the financial institutions shall comply with the levy subject to the exemption. This paragraph does not create a cause of action against a judgment creditor who executes a levy or against a financial institution which complies with a levy pursuant to the court’s determination.(f) Subdivision (e) of Section 700.140 applies to a financial institution acting under this section.
(g) The Judicial Council shall amend or adopt all forms necessary to implement this
section. The forms shall clearly delineate the amount of funds exempt from levy by a financial institution, including funds exempted by this section.(h) This section shall become operative on September 1, 2020.
The Judgment Debtor claims claims an exemption under Code of Civil Procedure section 704.220.
FIDELITY NATIONAL TITLE INSURANCE COMPANY V. HOROWITZ
30-2019-01050837
Jul 20, 2021
Orange County, CA
Based on the information provided to the court, it appears the funds in Defendants bank account fall far below the maximum exemption allowed by Code of Civil Procedure section 704.220. Accordingly, the court GRANTS Defendants claim of exemption. CONCLUSION Based on the foregoing, Defendants claim of exemption is GRANTED pursuant to Code of Civil Procedure section 704.220.
OLIVIA LEE VS TODD LANE
22PSCV01341
May 23, 2023
Los Angeles County, CA
As such, any exemption claimed under section 704.220 is DENIED due to Defendant’s failure to meet her burden, Page 2 of 3CV2002342 With respect to the argument that she is a joint account holder for the convenience of Roybal, Defendant has failed to cite to the relevant code section upon which the claim is based. (§ 703.520, subd. (b)(5).) As Plaintiff correctly points out, Code of Civil Procedure section 700.160, subd.
CV2002342
Oct 09, 2022
Marin County, CA
As such, any exemption claimed under section 704.220 is DENIED due to Defendant’s failure to meet her burden, Page 2 of 3CV2002342 With respect to the argument that she is a joint account holder for the convenience of Roybal, Defendant has failed to cite to the relevant code section upon which the claim is based. (§ 703.520, subd. (b)(5).) As Plaintiff correctly points out, Code of Civil Procedure section 700.160, subd.
CV2002342
Sep 01, 2022
Marin County, CA
As such, any exemption claimed under section 704.220 is DENIED due to Defendant’s failure to meet her burden, Page 2 of 3CV2002342 With respect to the argument that she is a joint account holder for the convenience of Roybal, Defendant has failed to cite to the relevant code section upon which the claim is based. (§ 703.520, subd. (b)(5).) As Plaintiff correctly points out, Code of Civil Procedure section 700.160, subd.
CV2002342
Oct 15, 2022
Marin County, CA
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