Santa Clara County Federal Credit Union v. Randy P. Polanco, et al.

9:01 21CV389252 Santa Clara County Federal Hearing on Judgment-Debtor 1 Credit Union Randy P. Polanco’s Claim of v. Exemption Randy P. Polanco, et al. As of June 29, 2026, as set forth in the Writ of Execution filed on that date in this case, Judgment Debtor Randy P. Polanco (“Polanco”) owed $16,854.07 on a Judgment and accrued interest thereon (the “Judgment Debt”) owed to Judgment Creditor Santa Clara County Federal Credit Union (“SCCFCU”).

In his Claim of Exemption filed on July 13, 2026, Polanco now seeks a complete exemption from wage garnishment to satisfy the amounts he owes on the Judgment Debt. But as SCCFCU points out in its Opposition to Polanco’s Claim of Exemption filed on July 14, 2026, Polanco’s Claim of Exemption fails because: (1) Polanco has provided no evidence that his adult child is unable to self-support; (2) SCCFCU as the Judgment Creditor has priority over the non-essential expenditures claimed by Polanco (e.g., “entertainment”), and (3) Polanco has provided no evidence (e.g., no documents) establishing the remaining claimed expenditures.

Moreover, under Code of Civil Procedure Section 703.530, Polanco as the Judgment Debtor has the burden to establish that the levied funds are exempt, e.g., by demonstrating that the funds at issue are reasonably necessary for his support. But Polanco has failed to carry that burden.

Accordingly, Judgment Debtor Randy P. Polanco’s Claim of Exemption is DENIED.

Judgment Creditor SCCFCU is to prepare and file the formal order after this hearing.

SO ORDERED.

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