California Code of Civil Procedure

§ 703.580

CCP § 703.580 Effective Jan 1, 2025Div. 2 · Title 9 · Part 2 · Ch. 4 · Art. 2

Statute text

(a)The claim of exemption and notice of opposition to the claim of exemption do not constitute an appearance pursuant to Section 1014. The power of the court over the exemption claimant is limited to determining the claim of exemption.

(b)At a hearing under this section, the exemption claimant has the burden of proof.

(c)The claim of exemption is deemed controverted by the notice of opposition to the claim of exemption and both shall be received in evidence. If no other evidence is offered, the court, if satisfied that sufficient facts are shown by the claim of exemption (including the financial statement if one is required) and the notice of opposition, may make its determination thereon. If a claim of exemption asserts that money in a judgment debtor’s deposit account is or was necessary for the support of the judgment debtor and the spouse and dependents of the judgment debtor as provided in Section 704.225, the court shall review the judgment debtor’s financial statement and make findings thereon. If not satisfied, the court may order the hearing continued for the production of other evidence, oral or documentary.

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Legislative history

Amended by Stats. 2024, Ch. 514, Sec. 5.5. (AB 2837) Effective January 1, 2025.