reglab/statecodes huggingface dataset:
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 3 - Exempt Property › Section 704.070.

704.070. (a) As used in this section:
(1) “Earnings withholding order” means an earnings withholding order under Chapter 5 (commencing with Section 706.010) (Wage Garnishment Law).
(2) “Paid earnings” means earnings as defined in Section 706.011 that were paid to the employee during the 30-day period ending on the date of the levy. For the purposes of this paragraph, where earnings that have been paid to the employee are sought to be subjected to the enforcement of a money judgment other than by a levy, the date of levy is deemed to be the date the earnings were otherwise subjected to the enforcement of the judgment.
(3) “Earnings assignment order for support” means an earnings assignment order for support as defined in Section 706.011.
(b) Paid earnings that can be traced into deposit accounts or in the form of cash or its equivalent as provided in Section 703.080 are exempt in the following amounts:
(1) All of the paid earnings are exempt if prior to payment to the employee they were subject to an earnings withholding order or an earnings assignment order for support.
(2) Disposable earnings that would otherwise not be subject to levy under Section 706.050 that are levied upon or otherwise sought to be subjected to the enforcement of a money judgment are exempt if prior to payment to the employee they were not subject to an earnings withholding order or an earnings assignment order for support.
(Amended by Stats. 2019, Ch. 552, Sec. 7. (SB 616) Effective January 1, 2020.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 3 - Exempt Property › Section 704.090.

704.090. (a) The funds of a judgment debtor confined in a prison or facility under the jurisdiction of the Department of Corrections or the Department of the Youth Authority or confined in any county or city jail, road camp, industrial farm, or other local correctional facility, held in trust for or to the credit of the judgment debtor, in an inmate’s trust account or similar account by the state, county, or city, or any agency thereof, are exempt without making a claim in the amount of one thousand seven hundred fifty dollars ($1,750). If the judgment debtor is married, each spouse is entitled to a separate exemption under this section or the spouses may combine their exemptions.
(b) Notwithstanding subdivision (a), if the judgment is for a restitution fine or order imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as operative on or before September 28, 1994, or Section 1203.04 of the Penal Code, as operative on or before August 2, 1995, or Section 1202.4 of the Penal Code, the funds held in trust for, or to the credit of, a judgment debtor described in subdivision (a) are exempt in the amount of three hundred twenty-five dollars ($325) without making a claim. The exemption provided in this subdivision is not subject to adjustment under Section 703.150.
(Amended by Stats. 2020, Ch. 81, Sec. 7. (SB 898) Effective January 1, 2021.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 3 - Exempt Property › Section 704.100.

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 thirteen thousand nine hundred seventy-five dollars ($13,975). 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.
(Amended by Stats. 2020, Ch. 81, Sec. 8. (SB 898) Effective January 1, 2021.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 3 - Exempt Property › Section 704.105.

704.105. Money held in an account owned by the judgment debtor and established pursuant to the Golden State Scholarshare Trust Act (Article 19 (commencing with Section 69980) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code) is exempt without making a claim, subject to the following limitations:
(a) The amount exempted for contributions to an account during the 365-day period prior to the date of entry of a money judgment, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of entry of the money judgment.
(b) The amount exempted for contributions to an account during the period commencing 730 days prior to and ending 366 days prior to the date of entry of a money judgment, in the aggregate during this period, shall not exceed the amount of the annual gift tax exclusion under Section 2503(b) of the Internal Revenue Code of 1986, as amended, in effect at the time of entry of the money judgment.
(c) For the purposes of this section, “account” includes all accounts having the same beneficiary.
(d) This section is not subject to the requirements of Section 703.150.
(Amended by Stats. 2022, Ch. 25, Sec. 2. (SB 956) Effective January 1, 2023.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 3 - Exempt Property › Section 704.111.

704.111. Alimony, support, and separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, are exempt.
(Added by Stats. 2022, Ch. 716, Sec. 5. (SB 1099) Effective January 1, 2023.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 3 - Exempt Property › Section 704.113.

704.113. (a) As used in this chapter, “vacation credits” means vacation credits accumulated by a state employee pursuant to Section 19858.1 of the Government Code or by any other public employee pursuant to any law for the accumulation of vacation credits applicable to the employee.
(b) The aggregate interest, not to exceed seven thousand five hundred dollars ($7,500), in vacation credits or accrued, or unused, vacation pay, sick leave, or family leave is exempt.
(c) Amounts paid periodically or as a lump sum representing vacation credits are subject to any earnings withholding order served under Chapter 5 (commencing with Section 706.010) or any earnings assignment order for support as defined in Section 706.011 and are exempt to the same extent as earnings of a judgment debtor.
(Amended by Stats. 2022, Ch. 716, Sec. 6. (SB 1099) Effective January 1, 2023.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 3 - Exempt Property › Section 704.114.

704.114. (a) Notwithstanding any other provision of law, service of an earnings assignment order for support, or an order or notice to withhold income for child support on any public entity described in Section 704.110, other than the United States government, creates a lien on all employee contributions in the amount necessary to satisfy a support judgment as determined under Section 695.210 to the extent that the judgment remains enforceable.
(b) The public entity shall comply with any request for a return of employee contributions by an employee named in the order or notice to withhold by delivering the contributions to the clerk of the court in which the support order was awarded or last registered, unless the entity has received a certified copy of an order or administrative notice terminating the earnings assignment order for support.
(c) Upon receipt of moneys pursuant to this section, the clerk of the court, within 10 days, shall send written notice of the receipt of the deposit to the parties and to the local child support agency enforcing any order pursuant to Section 17400 of the Family Code.
(d) Moneys received pursuant to this section are subject to any procedure available to enforce an order for support, but if no enforcement procedure is commenced after 30 days have elapsed from the date the notice of receipt is sent, the clerk shall, upon request, return the moneys to the public entity that delivered the moneys to the court unless the public entity has informed the court in writing that the moneys shall be released to the employee.
(e) A court shall not directly or indirectly condition the issuance, modification, or termination of, or condition the terms or conditions of, any order for support upon the making of a request for the return of employee contributions by an employee.
(Amended by Stats. 2000, Ch. 808, Sec. 13. Effective September 28, 2000.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 3 - Exempt Property › Section 704.120.

704.120. (a) Contributions by workers payable to the Unemployment Compensation Disability Fund and by employers payable to the Unemployment Fund are exempt without making a claim.
(b) Before payment, amounts held for payment of the following benefits are exempt without making a claim:
(1) Benefits payable under Division 1 (commencing with Section 100) of the Unemployment Insurance Code.
(2) Incentives payable under Division 2 (commencing with Section 5000) of the Unemployment Insurance Code.
(3) Benefits payable under an employer’s plan or system to supplement unemployment compensation benefits of the employees generally or for a class or group of employees.
(4) Unemployment benefits payable by a fraternal organization to its bona fide members.
(5) Benefits payable by a union due to a labor dispute.
(c) After payment, the benefits described in subdivision (b) are exempt.
(d) During the payment of benefits described in paragraph (1) of subdivision (b) to a judgment debtor under a support judgment, the judgment creditor may, through the appropriate local child support agency, seek to apply the benefit payment to satisfy the judgment as provided by Section 17518 of the Family Code.
(e) During the payment of benefits described in paragraphs (2) to (5), inclusive, of subdivision (b) to a judgment debtor under a support judgment, the judgment creditor may, directly or through the appropriate local child support agency, seek to apply the benefit payments to satisfy the judgment by an earnings assignment order for support as defined in Section 706.011 or any other applicable enforcement procedure. If the benefit is payable periodically, the amount to be withheld pursuant to the assignment order or other procedure shall be 25 percent of the amount of each periodic payment or any lower amount specified in writing by the judgment creditor or court order, rounded down to the nearest whole dollar. Otherwise the amount to be withheld shall be the amount the court determines under subdivision (c) of Section 703.070. The paying entity may deduct from each payment made pursuant to an assignment order under this subdivision an amount reflecting the actual cost of administration caused by the assignment order up to two dollars ($2) for each payment.
(Amended by Stats. 2000, Ch. 808, Sec. 14. Effective September 28, 2000.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 3 - Exempt Property › Section 704.130.

704.130. (a) Before payment, benefits from a disability or health insurance policy or program are exempt without making a claim. After payment, the benefits are exempt.
(b) Subdivision (a) does not apply to benefits that are paid or payable to cover the cost of health care if the judgment creditor is a provider of health care whose claim is the basis on which the benefits are paid or payable.
(c) During the payment of disability benefits described in subdivision (a) to a judgment debtor under a support judgment, the judgment creditor or local child support agency may seek to apply the benefit payments to satisfy the judgment by 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 earnings assignment order or other procedure shall not exceed the amount permitted to be withheld on an earnings assignment order for support under Section 706.052.
(Amended by Stats. 2000, Ch. 808, Sec. 15. Effective September 28, 2000.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 3 - Exempt Property › Section 704.140.

704.140. (a) Except as provided in Article 5 (commencing with Section 708.410) of Chapter 6, a cause of action for personal injury is exempt without making a claim.
(b) Except as provided in subdivisions (c) and (d), an award of damages or a settlement arising out of personal injury is exempt to the extent necessary for the support of the judgment debtor and the spouse and dependents of the judgment debtor.
(c) Subdivision (b) does not apply if the judgment creditor is a provider of health care whose claim is based on the providing of health care for the personal injury for which the award or settlement was made.
(d) Where an award of damages or a settlement arising out of personal injury is payable periodically, the amount of such 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).
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 3 - Exempt Property › Section 704.150.

704.150. (a) Except as provided in Article 5 (commencing with Section 708.410) of Chapter 6, a cause of action for wrongful death is exempt without making a claim.
(b) Except as provided in subdivision (c), an award of damages or a settlement arising out of the wrongful death of the judgment debtor’s spouse or a person on whom the judgment debtor or the judgment debtor’s spouse was dependent is exempt to the extent reasonably necessary for support of the judgment debtor and the spouse and dependents of the judgment debtor.
(c) Where an award of damages or a settlement arising out of the wrongful death of the judgment debtor’s spouse or a person on whom the judgment debtor or the judgment debtor’s spouse was dependent is payable periodically, the amount of such a 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).
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 3 - Exempt Property › Section 704.160.

704.160. (a) Except as provided by Chapter 1 (commencing with Section 4900) of Part 3 of Division 4 of the Labor Code, before payment, a claim for workers’ compensation or workers’ compensation awarded or adjudged is exempt without making a claim. Except as specified in subdivision (b), after payment, the award is exempt.
(b) Notwithstanding any other provision of law, during the payment of workers’ compensation temporary disability benefits described in subdivision (a) to a support judgment debtor, the support judgment creditor may, through the appropriate local child support agency, seek to apply the workers’ compensation temporary disability benefit payment to satisfy the support judgment as provided by Section 17404 of the Family Code.
(c) Notwithstanding any other provision of law, during the payment of workers’ compensation temporary disability benefits described in subdivision (a) to a support judgment debtor under a support judgment, including a judgment for reimbursement of public assistance, the judgment creditor may, directly or through the appropriate local child support agency, seek to apply the temporary disability benefit payments to satisfy the support judgment by an earnings assignment order for support, as defined in Section 5208 of the Family Code, or any other applicable enforcement procedure. The amount to be withheld pursuant to the earnings assignment order for support or other enforcement procedure shall be 25 percent of the amount of each periodic payment or any lower amount specified in writing by the judgment creditor or court order, rounded down to the nearest dollar. Otherwise, the amount to be withheld shall be the amount the court determines under subdivision (c) of Section 703.070. The paying entity may deduct from each payment made pursuant to an order assigning earnings under this subdivision an amount reflecting the actual cost of administration of this assignment, up to two dollars ($2) for each payment.
(d) Unless the provision or context otherwise requires, the following definitions govern the construction of this section.
(1) “Judgment debtor” or “support judgment debtor” means a person who is owing a duty of support.
(2) “Judgment creditor” or “support judgment creditor” means the person to whom support has been ordered to be paid.
(3) “Support” refers to an obligation owing on behalf of a child, spouse, or family; or an amount owing pursuant to Section 17402 of the Family Code. It also includes past due support or arrearage when it exists.
(Amended by Stats. 2000, Ch. 808, Sec. 16. Effective September 28, 2000.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 3 - Exempt Property › Section 704.170.

704.170. Before payment, aid provided pursuant to Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or similar aid provided by a charitable organization or a fraternal benefit society as defined in Section 10990 of the Insurance Code, is exempt without making a claim. After payment, the aid is exempt.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 3 - Exempt Property › Section 704.180.

704.180. Before payment, relocation benefits for displacement from a dwelling which are to be paid pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code or the federal “Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970” (42 U.S.C. Sec. 4601 et seq.), as amended, are exempt without making a claim. After payment, the benefits are exempt.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 3 - Exempt Property › Section 704.190.

704.190. (a) As used in this section, “institution of higher education” means “institution of higher education” as defined in Section 1141(a) of Title 20 of the United States Code, as amended.
(b) Before payment, financial aid for expenses while attending school provided to a student by an institution of higher education is exempt without making a claim. After payment, the aid is exempt.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 3 - Exempt Property › Section 704.200.

704.200. (a) As used in this section:
(1) “Cemetery” has the meaning provided by Section 7003 of the Health and Safety Code.
(2) “Family plot” is a plot that satisfies the requirements of Section 8650 of the Health and Safety Code.
(3) “Plot” has the meaning provided by Section 7022 of the Health and Safety Code.
(b) A family plot is exempt without making a claim.
(c) Except as provided in subdivision (d), a cemetery plot for the judgment debtor and the spouse of the judgment debtor is exempt.
(d) Land held for the purpose of sale or disposition as cemetery plots or otherwise is not exempt.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 3 - Exempt Property › Section 704.210.

704.210. Property that is not subject to enforcement of a money judgment is exempt without making a claim.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 3 - Exempt Property › Section 704.225.

704.225. Money in a judgment debtor’s deposit account that is not otherwise exempt under this chapter is exempt to the extent necessary for the support of the judgment debtor and the spouse and dependents of the judgment debtor.
(Added by Stats. 2019, Ch. 552, Sec. 9. (SB 616) Effective January 1, 2020.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 3 - Exempt Property › Section 704.230.

704.230. Money provided to the judgment debtor by the Federal Emergency Management Agency (FEMA) is exempt without making a claim.
(Added by Stats. 2019, Ch. 552, Sec. 10. (SB 616) Effective January 1, 2020.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 4 - Homestead Exemption › Section 704.720.

704.720. (a) A homestead is exempt from sale under this division to the extent provided in Section 704.800.
(b) If a homestead is sold under this division or is damaged or destroyed or is acquired for public use, the proceeds of sale or of insurance or other indemnification for damage or destruction of the homestead or the proceeds received as compensation for a homestead acquired for public use are exempt in the amount of the homestead exemption provided in Section 704.730. The proceeds are exempt for a period of six months after the time the proceeds are actually received by the judgment debtor, except that, if a homestead exemption is applied to other property of the judgment debtor or the judgment debtor’s spouse during that period, the proceeds thereafter are not exempt.
(c) If the judgment debtor and spouse of the judgment debtor reside in separate homesteads, only the homestead of one of the spouses is exempt and only the proceeds of the exempt homestead are exempt.
(d) If a judgment debtor is not currently residing in the homestead, but his or her separated or former spouse continues to reside in or exercise control over possession of the homestead, that judgment debtor continues to be entitled to an exemption under this article until entry of judgment or other legally enforceable agreement dividing the community property between the judgment debtor and the separated or former spouse, or until a later time period as specified by court order. Nothing in this subdivision shall entitle the judgment debtor to more than one exempt homestead. Notwithstanding subdivision (d) of Section 704.710, for purposes of this article, “spouse” may include a separated or former spouse consistent with this subdivision.
(Amended by Stats. 2007, Ch. 153, Sec. 1. Effective January 1, 2008.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 4 - Homestead Exemption › Section 704.730.

704.730. (a) The amount of the homestead exemption is the greater of the following:
(1) The countywide median sale price for a single-family home in the calendar year prior to the calendar year in which the judgment debtor claims the exemption, not to exceed six hundred thousand dollars ($600,000).
(2) Three hundred thousand dollars ($300,000).
(b) The amounts specified in this section shall adjust annually for inflation, beginning on January 1, 2022, based on the change in the annual California Consumer Price Index for All Urban Consumers, published by the Department of Industrial Relations, Division of Labor Statistics, for the most recent one-year period ending on December 31 preceding the adjustment, with each adjusted amount rounded to the nearest twenty-five dollars ($25).
(Amended by Stats. 2023, Ch. 478, Sec. 15. (AB 1756) Effective January 1, 2024.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 4 - Homestead Exemption › Section 704.740.

704.740. (a) Except as provided in subdivision (b), the interest of a natural person in a dwelling may not be sold under this division to enforce a money judgment except pursuant to a court order for sale obtained under this article and the dwelling exemption shall be determined under this article.
(b) If the dwelling is personal property or is real property in which the judgment debtor has a leasehold estate with an unexpired term of less than two years at the time of levy:
(1) A court order for sale is not required and the procedures provided in this article relating to the court order for sale do not apply.
(2) An exemption claim shall be made and determined as provided in Article 2 (commencing with Section 703.510).
(Amended by Stats. 1984, Ch. 538, Sec. 26.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 4 - Homestead Exemption › Section 704.750.

704.750. (a) Promptly after a dwelling is levied upon (other than a dwelling described in subdivision (b) of Section 704.740), the levying officer shall serve notice on the judgment creditor that the levy has been made and that the property will be released unless the judgment creditor complies with the requirements of this section. Service shall be made personally or by mail. Within 20 days after service of the notice, the judgment creditor shall apply to the court for an order for sale of the dwelling and shall file a copy of the application with the levying officer. If the judgment creditor does not file the copy of the application for an order for sale of the dwelling within the allowed time, the levying officer shall release the dwelling.
(b) If the dwelling is located in a county other than the county where the judgment was entered:
(1) The judgment creditor shall apply to the superior court of the county where the dwelling is located.
(2) The judgment creditor shall file with the application an abstract of judgment in the form prescribed by Section 674 or, in the case of a judgment described in Section 697.320, a certified copy of the judgment.
(3) The judgment creditor shall pay the filing fee for a motion as provided in subdivision (a) of Section 70617 of the Government Code.
(Amended by Stats. 2005, Ch. 75, Sec. 37. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 4 - Homestead Exemption › Section 704.760.

704.760. The judgment creditor’s application shall be made under oath, shall describe the dwelling, and shall contain all of the following:
(a) A statement whether or not the records of the county tax assessor indicate that there is a current homeowner’s exemption or disabled veteran’s exemption for the dwelling and the person or persons who claimed any such exemption.
(b) A statement, which may be based on information and belief, whether the dwelling is a homestead and the amount of the homestead exemption, if any, and a statement whether or not the records of the county recorder indicate that a homestead declaration under Article 5 (commencing with Section 704.910) that describes the dwelling has been recorded by the judgment debtor or the spouse of the judgment debtor.
(c) A statement of the amount of any liens or encumbrances on the dwelling, the name of each person having a lien or encumbrance on the dwelling, and the address of such person used by the county recorder for the return of the instrument creating such person’s lien or encumbrance after recording.
(d) A statement that the judgment is based on a consumer debt, as defined in subdivision (a) of Section 699.730, or that the judgment is not based on a consumer debt, and if the judgment is based on a consumer debt, whether the judgment is based on a consumer debt that was secured by the debtor’s principal place of residence at the time it was incurred or a statement indicating which of the exemptions listed in subdivision (b) of Section 699.730 are applicable. If the statement indicates that paragraph (7) of subdivision (b) is applicable, the statement shall also provide the dollar amount of the original judgment on which the lien is based. If there is more than one basis, the statement shall indicate all bases that are applicable.
(Amended by Stats. 2020, Ch. 218, Sec. 3. (AB 2463) Effective January 1, 2021.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 4 - Homestead Exemption › Section 704.770.

704.770. (a) Upon the filing of the application by the judgment creditor, the court shall set a time and place for hearing and order the judgment debtor to show cause why an order for sale should not be made in accordance with the application. The time set for hearing shall be not later than 45 days after the application is filed or such later time as the court orders upon a showing of good cause.
(b) Not later than 30 days before the time set for hearing, the judgment creditor shall do both of the following:
(1) Serve on the judgment debtor a copy of the order to show cause, a copy of the application of the judgment creditor, and a copy of the notice of the hearing in the form prescribed by the Judicial Council. Service shall be made personally or by mail.
(2) Personally serve a copy of each document listed in paragraph (1) on an occupant of the dwelling or, if there is no occupant present at the time service is attempted, post a copy of each document in a conspicuous place at the dwelling.
(Amended by Stats. 1985, Ch. 41, Sec. 7.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 4 - Homestead Exemption › Section 704.780.

704.780. (a) The burden of proof at the hearing is determined in the following manner:
(1) If the records of the county tax assessor indicate that there is a current homeowner’s exemption or disabled veteran’s exemption for the dwelling claimed by the judgment debtor or the judgment debtor’s spouse, the judgment creditor has the burden of proof that the dwelling is not a homestead. If the records of the county tax assessor indicate that there is not a current homeowner’s exemption or disabled veteran’s exemption for the dwelling claimed by the judgment debtor or the judgment debtor’s spouse, the burden of proof that the dwelling is a homestead is on the person who claims that the dwelling is a homestead.
(2) If the application states the amount of the homestead exemption, the person claiming the homestead exemption has the burden of proof that the amount of the exemption is other than the amount stated in the application.
(b) The court shall determine whether the dwelling is exempt. If the court determines that the dwelling is exempt, the court shall determine the amount of the homestead exemption and the fair market value of the dwelling. The court shall make an order for sale of the dwelling subject to the homestead exemption, unless the court determines that the sale of the dwelling would not be likely to produce a bid sufficient to satisfy any part of the amount due on the judgment pursuant to Section 704.800. The order for sale of the dwelling subject to the homestead exemption shall specify the amount of the proceeds of the sale that is to be distributed to each person having a lien or encumbrance on the dwelling and shall include the name and address of each such person. Subject to the provisions of this article, the sale is governed by Article 6 (commencing with Section 701.510) of Chapter 3. If the court determines that the dwelling is not exempt, the court shall make an order for sale of the property in the manner provided in Article 6 (commencing with Section 701.510) of Chapter 3.
(c) The court clerk shall transmit a certified copy of the court order (1) to the levying officer and (2) if the court making the order is not the court in which the judgment was entered, to the clerk of the court in which the judgment was entered.
(d) The court may appoint a qualified appraiser to assist the court in determining the fair market value of the dwelling. If the court appoints an appraiser, the court shall fix the compensation of the appraiser in an amount determined by the court to be reasonable, not to exceed similar fees for similar services in the community where the dwelling is located.
(Amended by Stats. 1995, Ch. 196, Sec. 8. Effective July 31, 1995.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 4 - Homestead Exemption › Section 704.790.

704.790. (a) This section applies in any case where the court makes an order for sale of the dwelling upon a hearing at which none of the following appeared:
(1) The judgment debtor.
(2) The judgment debtor’s spouse.
(3) The attorney for the judgment debtor.
(4) The attorney for the judgment debtor’s spouse.
(b) Not later than 10 days after the date of the order for sale, the judgment creditor shall serve a copy of the order and a notice of the order in the form prescribed by the Judicial Council:
(1) Personally or by mail on the judgment debtor and the judgment debtor’s spouse.
(2) Personally on an occupant of the dwelling or, if there is no occupant present at the time service is attempted, post a copy of the order and notice in a conspicuous place at the dwelling.
(c) Proof of service and of any posting shall be filed with the court and with the levying officer. If the judgment creditor fails to comply with this subdivision and with subdivision (b) in any case where this section applies, the dwelling may not be sold under the order for sale.
(d) If, within 10 days after service of notice of the order, the judgment debtor or the judgment debtor’s spouse files with the levying officer a declaration that the absence of the judgment debtor and the judgment debtor’s spouse or the attorney for the judgment debtor or the judgment debtor’s spouse from the hearing was due to mistake, inadvertence, surprise, or excusable neglect and that the judgment debtor or spouse of the judgment debtor wishes to assert the homestead exemption, the levying officer shall transmit the declaration forthwith to the court. Upon receipt of the declaration, the court shall set a time and place for hearing to determine whether the determinations of the court should be modified. The time set for hearing shall be not later than 20 days after receipt of the declaration. The court clerk shall cause notice of the hearing promptly to be given to the parties.
(Amended by Stats. 1985, Ch. 41, Sec. 8.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 4 - Homestead Exemption › Section 704.800.

704.800. (a) If no bid is received at a sale of a homestead pursuant to a court order for sale that exceeds the amount of the homestead exemption plus any additional amount necessary to satisfy all liens and encumbrances on the property, including but not limited to any attachment or judgment lien, the homestead shall not be sold and shall be released and is not thereafter subject to a court order for sale upon subsequent application by the same judgment creditor for a period of one year.
(b) If no bid is received at the sale of a homestead pursuant to a court order for sale that is 90 percent or more of the fair market value determined pursuant to Section 704.780, the homestead shall not be sold unless the court, upon motion of the judgment creditor, does one of the following:
(1) Grants permission to accept the highest bid that exceeds the amount of the minimum bid required by subdivision (a).
(2) Makes a new order for sale of the homestead.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 4 - Homestead Exemption › Section 704.810.

704.810. Levy on a homestead that is subject to a lien or encumbrance is not by itself grounds for acceleration of the obligation secured by the lien or encumbrance, notwithstanding any provision of the obligation, lien, or encumbrance and if the homestead is sold pursuant to court order under this article the amount payable to satisfy a lien or encumbrance shall not include any penalty for prepayment.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 4 - Homestead Exemption › Section 704.820.

704.820. If the dwelling is owned by the judgment debtor as a joint tenant or tenant in common or if the interest of the judgment debtor in the dwelling is a leasehold or other interest less than a fee interest:
(a) At an execution sale of a dwelling, the interest of the judgment debtor in the dwelling and not the dwelling shall be sold. If there is more than one judgment debtor of the judgment creditor, the interests of the judgment debtors in the dwelling shall be sold together and each of the judgment debtors entitled to a homestead exemption is entitled to apply his or her exemption to his or her own interest.
(b)  For the purposes of this section, all references in this article to the “dwelling” or “homestead” are deemed to be references to the interest of the judgment debtor in the dwelling or homestead.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 4 - Homestead Exemption › Section 704.830.

704.830. The provisions of Sections 703.590 and 703.600 apply to proceedings under this article.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 4 - Homestead Exemption › Section 704.840.

704.840. (a) Except as provided in subdivision (b), the judgment creditor is entitled to recover reasonable costs incurred in a proceeding under this article.
(b) If no bid is received at a sale of a homestead pursuant to a court order for sale that exceeds the amount of the homestead exemption plus any additional amount necessary to satisfy all liens and encumbrances on the property, the judgment creditor is not entitled to recover costs incurred in a proceeding under this article or costs of sale.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 4 - Homestead Exemption › Section 704.850.

704.850. (a) The levying officer shall distribute the proceeds of sale of a homestead in the following order:
(1) To the discharge of all liens and encumbrances, if any, on the property.
(2) To the judgment debtor in the amount of any applicable exemption of proceeds pursuant to Section 704.720.
(3) To the levying officer for the reimbursement of the levying officer’s costs for which an advance has not been made.
(4) To the judgment creditor to satisfy the following:
(A) First, costs and interest accruing after issuance of the writ pursuant to which the sale is conducted.
(B) Second, the amount due on the judgment with costs and interest, as entered on the writ.
(5) To the judgment debtor in the amount remaining.
(b) Sections 701.820 and 701.830 apply to distribution of proceeds under this section.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 5 - Declared Homesteads › Section 704.910.

704.910. As used in this article:
(a) “Declared homestead” means the dwelling described in a homestead declaration.
(b) “Declared homestead owner” includes both of the following:
(1) The owner of an interest in the declared homestead who is named as a declared homestead owner in a homestead declaration recorded pursuant to this article.
(2) The declarant named in a declaration of homestead recorded prior to July 1, 1983, pursuant to former Title 5 (commencing with Section 1237) of Part 4 of Division 2 of the Civil Code and the spouse of such declarant.
(c) “Dwelling” means any interest in real property (whether present or future, vested or contingent, legal or equitable) that is a “dwelling” as defined in Section 704.710, but does not include a leasehold estate with an unexpired term of less than two years or the interest of the beneficiary of a trust.
(d) “Homestead declaration” includes both of the following:
(1) A homestead declaration recorded pursuant to this article.
(2) A declaration of homestead recorded prior to July 1, 1983, pursuant to former Title 5 (commencing with former Section 1237) of Part 4 of Division 2 of the Civil Code.
(e) “Spouse” means a “spouse” as defined in Section 704.710.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 5 - Declared Homesteads › Section 704.920.

704.920. A dwelling in which an owner or spouse of an owner resides may be selected as a declared homestead pursuant to this article by recording a homestead declaration in the office of the county recorder of the county where the dwelling is located. From and after the time of recording, the dwelling is a declared homestead for the purposes of this article.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 5 - Declared Homesteads › Section 704.930.

704.930. (a) A homestead declaration recorded pursuant to this article shall contain all of the following:
(1) The name of the declared homestead owner. Spouses both may be named as declared homestead owners in the same homestead declaration if each owns an interest in the dwelling selected as the declared homestead.
(2) A description of the declared homestead.
(3) A statement that the declared homestead is the principal dwelling of the declared homestead owner or such person’s spouse, and that the declared homestead owner or such person’s spouse resides in the declared homestead on the date the homestead declaration is recorded.
(b) The homestead declaration shall be executed and acknowledged in the manner of an acknowledgment of a conveyance of real property by at least one of the following persons:
(1) The declared homestead owner.
(2) The spouse of the declared homestead owner.
(3) The guardian or conservator of the person or estate of either of the persons listed in paragraph (1) or (2). The guardian or conservator may execute, acknowledge, and record a homestead declaration without the need to obtain court authorization.
(4) A person acting under a power of attorney or otherwise authorized to act on behalf of a person listed in paragraph (1) or (2).
(c) The homestead declaration shall include a statement that the facts stated in the homestead declaration are known to be true as of the personal knowledge of the person executing and acknowledging the homestead declaration. If the homestead declaration is executed and acknowledged by a person listed in paragraph (3) or (4) of subdivision (b), it shall also contain a statement that the person has authority to so act on behalf of the declared homestead owner or the spouse of the declared homestead owner and the source of the person’s authority.
(Amended by Stats. 2016, Ch. 50, Sec. 17. (SB 1005) Effective January 1, 2017.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 9 - ENFORCEMENT OF JUDGMENTS › DIVISION 2 - ENFORCEMENT OF MONEY JUDGMENTS › CHAPTER 4 - Exemptions › ARTICLE 5 - Declared Homesteads › Section 704.940.

704.940. A homestead declaration does not restrict or limit any right to convey or encumber the declared homestead. A homestead declaration, when properly recorded, is prima facie evidence of the facts therein stated, and conclusive evidence thereof in favor of a purchaser or encumbrancer in good faith and for a valuable consideration.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)