AB 3283: Enforcement of judgments: claims of exemption.

Existing law provides that property that has been levied upon in a civil action may be claimed as exempt by a judgment debtor who files a claim of exemption with the levying officer. Existing law requires a judgment creditor who opposes a claim of exemption to file with the court a notice of opposition to the claim of exemption and a notice of motion for an order determining the claim of exemption. Existing law provides that filing an exemption and notice of opposition of a claim to exemption constitute pleadings. Existing law provides that a defendant makes an appearance in a civil action when the defendant files certain pleadings or motions, such as an answer to a complaint.

This bill would instead provide that a claim of exemption and notice of opposition to a claim of exemption do not constitute an appearance, and would limit the courts power over the claimant to deciding the claim of exemption.

This bill would incorporate additional changes to Section 703.580 of the Code of Civil Procedure proposed by AB 2837 to be operative only if this bill and AB 2837 are enacted and this bill is enacted last.