How to Oppose a Claim of Exemption

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To oppose a declare of Exemption, you will need to act quick. You need to reply, in writing, inside ten days from the date the Discover of Declare of Exemption was personally served on you, or 15 days from the date the Discover of Declare of Exemption was mailed to you, if discover was despatched by mail to an deal with in California (CCP 703.550,684120).

You need to fill out and file with the courtroom two varieties, which can be found from the courtroom clerk or regulation library:

• Discover of Opposition to Declare of Exemption and
• Discover of Listening to for Order Figuring out the Declare of Exemption.

1. Fill out Discover of Opposition to Declare of Exemption.

This manner states that you just oppose the debtor’s Declare of Exemption.

Caption: Observe the format of your different courtroom papers. Fill within the levying officer file quantity, situated on the Declare of Exemption.

Merchandise 1: Enter your title and deal with because the judgment creditor.

Merchandise 2: Enter the title and final recognized deal with of the judgment debtor and his/her Social Safety quantity, if you already know it.

Merchandise 3: Skip this except the Declare of Exemption was made by somebody aside from the judgment debtor. This usually happens solely if in case you have levied on property within the debtor’s possession that belongs to another person.

Merchandise 4: Enter the date the Discover of Declare of Exemption was mailed (it is on that type).

Merchandise 5: Right here you clarify why you suppose the debtor’s declare is incorrectly primarily based on the statute cited for the exemption. For example, if the debtor is claiming his/her costly digicam tools needs to be exempt as instruments of the commerce (CCP 704.060), it’s possible you’ll wish to argue that he/her commerce. You may state that the debtor is employed full time in one other capability, and pictures is absolutely simply her pastime.

Merchandise 5b: Examine this field for those who suppose the debtor’s property should not be exempt as a result of his fairness within the property is bigger than the quantity allowed by the exemption. In different phrases, you suppose the worth of the property is greater than the deductible quantity. For instance, say the debtor is claiming his artistic endeavors as exempt underneath CCP 704.040, as a result of they’re solely value $2,500. Nevertheless, you already know or suspect these work in his house and workplace are actually value way more. So long as you’ll be able to present this on the listening to in your movement of opposition, the worth over the allowable exemption might be discovered not exempt.

Actuality Word: Clearly, it’s tough to contradict a debtor’s assertion as to the worth of his property, since you don’t have any unbiased technique of appraising it. Your argument is more likely to work provided that the property’s worth is clearly a lot better than that claimed. This could be the case, for instance, if you’re going after a giant pure gold ring, and you already know that day’s worth for gold.

Merchandise 5c: Skip this merchandise except you’ll be able to consider different the reason why the debtor’s declare of exemption needs to be denied, equivalent to your perception that the debtor is making unfaithful statements.

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Source by Chris Parava