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California Exemptions
If I am not mistaken, the first link is correct and it reflects that cost of living /inflation adjustments which happen every three years on April 1. The second link reflects the amendments to the CCP that went into effect on January 1, 2013 (and doesn't reflect the April 1, 2013 adjustments).
Frank X. Ruggier
Price Law Group, APC
15760 Ventura Blvd., Suite 1100
Encino, CA 91436
Direct: (818) 205-2406
Fax: (818) 907-2106
www.pricelawgroup.com
The post was migrated from Yahoo.
Dennis:
I have always read the law is as you state it and had the same initial reaction to Aliks post. But after reading 703.140(a) again, I can see another interpretation of that section consistent with Margarets. It does not say that the 703.140(b) exemptions are unavailable outside of bankruptcy; rather it says that in bankruptcy you may elect to use 703.140(b) in lieu of all other exemptions.
Interestingly, it does not say outside of bankruptcy that an election need be made, but that leaves anomaly in the law. Why would 704 and 703 have different exemption amounts for the same items if you could pick and choose which set to use? I suppose it doesnt come up because the creditor can levy on only one item with any one writ.
But 703.010(a), which is the initial section in the exemptions chapter of the CCP states that [t]he exemptions provided by this chapter or by any other statute apply to all procedures for enforcement of a money judgment, so this means that 703 works outside BK.
This is very good to know.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green, Esq.
Fitzgerald & Green
Attorneys at Law
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
The post was migrated from Yahoo.
X-eGroups-Edited-By: easky1
Alik:
I've attached the listing of exemptions from enforcement of judgments in state court (Form EJ-155). It's a little further down the list from the one referenced in your email.
Casey B. Nelson
Staff Attorney
Legal Aid Foundation of Santa Barbara County
Alik Segal
Alik.Segal@gmail.com
310-362-6157
Cal. CD, Los Angeles
RE: [cdcbaa] California exemptions
Alik:
I've attached the listing of exemptions from enforcement of judgments in state court (Form EJ-155). It's a little further down the list from the one referenced in your email.
Casey B. Nelson
Staff Attorney
Legal Aid Foundation of Santa Barbara County
Sent: Tue 10/26/2010 9:00 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] California exemptions
703 exempts are Bk only. Plz read the statute. Not applicable to state ct proceedings.
Sent from my iPhone
On Oct 26, 2010, at 8:36 PM, Alik Segal <listserv.inbox@gmail.com> wrote:
[Attachment(s) from Alik Segal included below]
The attached file "exemptions.pdf" (attached to this message)
distributed by the California courts website at
www.courtinfo.ca.gov/forms/documents/exemptions.pdf shows both
exemptions systems including the wildcard. This sheet is distributed
for use in state courts not bankruptcy court.
On 10/26/10, larry@lsimonslaw.com <larry@lsimonslaw.com> wrote:
> 703 exemptions only apply in bankruptcy proceedings not state court actions
> Sent via BlackBerry by AT&T
>
> -----Original Message-----
> Sender: cdcbaa@yahoogroups.com
> Date: Tue, 26 Oct 2010 20:15:27
> To: CDCBAA Listserv<cdcbaa@yahoogroups.com>; bk<bk@nacba.org>;
> bootcamp-attorneys<bootcamp-attorneys@googlegroups.com>
> Reply-To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] California exemptions
>
> Since the same exemptions from enforcement of judgments apply in
> bankruptcy court and state court, how is it that creditors manage to
> collect any money by levying on a bank amount? Vast majority of
> debtors could use the wildcard to exempt all of their assets, but
> nevertheless creditors collect money from judgment debtor's bank
> accounts. What explains this?
>
>
> --
> Alik Segal
> Alik.Segal@gmail.com
> 310-362-6157
> Cal. CD, Los Angeles
>
>
Alik Segal
Alik.Segal@gmail.com
310-362-6157
Cal. CD, Los Angeles
name="ej155.pdf"
filename="ej155.pdf"
The post was migrated from Yahoo.
Alik:
I've attached the listing of exemptions from enforcement of judgments in state court (Form EJ-155). It's a little further down the list from the one referenced in your email.
Casey B. Nelson
Staff Attorney
Legal Aid Foundation of Santa Barbara County
Alik Segal
Alik.Segal@gmail.com
310-362-6157
Cal. CD, Los Angeles
RE: [cdcbaa] California exemptions
Alik:
I've attached the listing of exemptions from enforcement of judgments in state court (Form EJ-155). It's a little further down the list from the one referenced in your email.
Casey B. Nelson
Staff Attorney
Legal Aid Foundation of Santa Barbara County
Sent: Tue 10/26/2010 9:00 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] California exemptions
703 exempts are Bk only. Plz read the statute. Not applicable to state ct proceedings.
Sent from my iPhone
On Oct 26, 2010, at 8:36 PM, Alik Segal <listserv.inbox@gmail.com> wrote:
[Attachment(s) from Alik Segal included below]
The attached file "exemptions.pdf" (attached to this message)
distributed by the California courts website at
www.courtinfo.ca.gov/forms/documents/exemptions.pdf shows both
exemptions systems including the wildcard. This sheet is distributed
for use in state courts not bankruptcy court.
On 10/26/10, larry@lsimonslaw.com <larry@lsimonslaw.com> wrote:
> 703 exemptions only apply in bankruptcy proceedings not state court actions
> Sent via BlackBerry by AT&T
>
> -----Original Message-----
> Sender: cdcbaa@yahoogroups.com
> Date: Tue, 26 Oct 2010 20:15:27
> To: CDCBAA Listserv<cdcbaa@yahoogroups.com>; bk<bk@nacba.org>;
> bootcamp-attorneys<bootcamp-attorneys@googlegroups.com>
> Reply-To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] California exemptions
>
> Since the same exemptions from enforcement of judgments apply in
> bankruptcy court and state court, how is it that creditors manage to
> collect any money by levying on a bank amount? Vast majority of
> debtors could use the wildcard to exempt all of their assets, but
> nevertheless creditors collect money from judgment debtor's bank
> accounts. What explains this?
>
>
> --
> Alik Segal
> Alik.Segal@gmail.com
> 310-362-6157
> Cal. CD, Los Angeles
>
>
Alik Segal
Alik.Segal@gmail.com
310-362-6157
Cal. CD, Los Angeles
name="ej155.pdf"
filename="ej155.pdf"
The post was migrated from Yahoo.
The attached file "exemptions.pdf" (attached to this message)
distributed by the California courts website at
www.courtinfo.ca.gov/forms/documents/exemptions.pdf shows both
exemptions systems including the wildcard. This sheet is distributed
for use in state courts not bankruptcy court.
On 10/26/10, larry@lsimonslaw.com wrote:
> 703 exemptions only apply in bankruptcy proceedings not state court actions
> Sent via BlackBerry by AT&T
>
> -----Original Message-----
> Sender: cdcbaa@yahoogroups.com
> Date: Tue, 26 Oct 2010 20:15:27
> To: CDCBAA Listserv; bk;
> bootcamp-attorneys
> Reply-To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] California exemptions
>
> Since the same exemptions from enforcement of judgments apply in
> bankruptcy court and state court, how is it that creditors manage to
> collect any money by levying on a bank amount? Vast majority of
> debtors could use the wildcard to exempt all of their assets, but
> nevertheless creditors collect money from judgment debtor's bank
> accounts. What explains this?
>
>
> --
> Alik Segal
> Alik.Segal@gmail.com
> 310-362-6157
> Cal. CD, Los Angeles
>
>
Alik Segal
Alik.Segal@gmail.com
310-362-6157
Cal. CD, Los Angeles
X-Attachment-Id: file0
X-Attachment-Id: file0
The post was migrated from Yahoo.
703 exemptions only apply in bankruptcy proceedings not state court actions
Sent via BlackBerry by AT&T
Sender: cdcbaa@yahoogroups.com
Date: Tue, 26 Oct 2010 20:15:27
To: CDCBAA Listserv; bk; bootcamp-attorneys
Reply-To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] California exemptions
Since the same exemptions from enforcement of judgments apply in
bankruptcy court and state court, how is it that creditors manage to
collect any money by levying on a bank amount? Vast majority of
debtors could use the wildcard to exempt all of their assets, but
nevertheless creditors collect money from judgment debtor's bank
accounts. What explains this?
Alik Segal
Alik.Segal@gmail.com
310-362-6157
Cal. CD, Los Angeles
The post was migrated from Yahoo.
Since the same exemptions from enforcement of judgments apply in
bankruptcy court and state court, how is it that creditors manage to
collect any money by levying on a bank amount? Vast majority of
debtors could use the wildcard to exempt all of their assets, but
nevertheless creditors collect money from judgment debtor's bank
accounts. What explains this?
Alik Segal
Alik.Segal@gmail.com
310-362-6157
Cal. CD, Los Angeles
The post was migrated from Yahoo.