Hudson & Keyse, LLC v. Fermen W. Smith

LINE CASE NO. CASE TITLE TENTATIVE RULING 9:01 2008-1-CV- Hudson & Keyse, LLC Hearing on Claim of Exemption of 1 104731 v. Samantha Smith-Cook as spouse of Fermen W. Smith Judgment Debtor Fermen W. Smith.

In her Claim of Exemption filed on July 30, 2026, Samatha Smith-Snook, as spouse of Judgment Debtor Fermen W. Smith, seeks exemption from a Levy made on deposit accounts at Chase Bank to pay this debt. She asserts that the “funds in the deposit accounts that are the subject of the Notices of Levy are necessary to support our household.” Claim of Exemption, Attachment 8 to EJ-160 (July 30, 2026).

But as Judgment Creditor Collect Access c/o Zee Law Group shows in Opposition, this Claim of Exemption fails because Smith-Snook, as the person claiming Exemption as spouse of the Judgment Debtor, does not carry her burden under Code of Civil Procedure Section 703.530 to establish that the levied funds are exempt by proving by evidence that the funds at issue are reasonably necessary for their support. After reviewing all the papers submitted, and in the broad exercise of its discretion, the Court finds that Smith- Snook has not carried that burden.

Moreover, Smith-Snook has not established that paying this debt through this levy will cause hardship.

Accordingly, the Claim of Exemption of Samantha Smith-Cook as spouse of Judgment Debtor Fermen W. Smith is DENIED.

Judgment Creditor Judgment Creditor Collect Access, LLC c/o Zee Law Group, P.C., is to prepare and file a formal order within 10 days after this hearing.

SO ORDERED.

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