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 Post subject: Claim Of Exemption Against Assignment 708.550
PostPosted: Mon Dec 29, 2008 3:38 pm 
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CCP 708.550

(a) The judgment debtor may claim that all or a portion of the right to payment is exempt from enforcement of a money judgment by application to the court on noticed motion filed not later than three days before the date set for the hearing on the judgment creditor's application for an assignment order. The judgment debtor shall execute an affidavit in support of the application that includes all of the matters set forth in subdivision (b) of Section 703.520. Failure of the judgment debtor to make a claim of exemption is a waiver of the exemption.

(b) The notice of the motion shall be personally served on the judgment creditor not later than three days before the date set for the hearing.

(c) The court shall determine any claim of exemption made pursuant to this section at the hearing on issuance of the assignment order.

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 Post subject: Re: Claim Of Exemption Against Assignment 708.550
PostPosted: Tue Jul 07, 2009 6:55 pm 
Partner of Riser Adkisson LLP
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(Added by Stats.1982, c. 1364, p. 5202, ยง 2, operative July 1, 1983.)


LAW REVISION COMMISSION COMMENTS


1982 Addition


Section 708.550 provides a motion procedure for claiming exemptions in a proceeding under this article. Exemptions not claimed as provided in this section are waived. See Section 703.030. [16 Cal.L.Rev.Comm. Reports 1528 (1982)].

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RISER ADKISSON LLP, 100 Bayview Circle, Suite 210, Newport Beach, CA 92660, Ph: 949-200-7753, Fax: 877-698-0678, E-Mail: jay --at-- risad.com http://www.jayadkisson.com http://www.risad.com http://www.assetprotectionbook.com http://www.quatloos.com


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