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25CV464334·santaclara·Civil·Collection
Hearing 3 months agoDENIED

Bank of America, N.A. v. Dat Tien Nguyen

Claim of Exemption

Hearing date
May 27, 2026
Department
16
Prevailing
Plaintiff

Motion type

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Monetary amounts referenced

$7,984.77$783.86

Parties

PlaintiffBank of America, N.A.
DefendantDat Tien Nguyen

Ruling

9:01 25CV464334 Bank of America, N.A. Order on Claim of Exemption of 2 v. Judgment Debtor Dat Tien Nguyen Dat Tien Nguyen On August 22, 2025, Judgment Creditor Bank of America N.A. (“Bank of America”) obtained a Judgment against Judgment Debtor Dat Tien Nguyen (“Nguyen”) in the amount of $7,984.77. As of April 16, 2026, Nguyen has paid nothing ($0.00) towards that Judgment debt. Opp. to Claim of Exemption, Attachment 6 (filed: April 16, 2026).

Under Code of Civil Procedure Section 703.530, Nguyen as the Judgment Debtor has the burden to establish that his wages that he claims are exempt from garnishment to satisfy the Judgment debt are exempt from garnishment by statute. But Nguyen has failed to carry that burden here.

Moreover, under C.C.P. § 706.050(2)(b)(3) and based on Nguyen’s Employer’s Earning Statement, the amount of Nguyen’s wages subject to garnishment by Judge Creditor Bank of America is $783.86 per pay period.

Accordingly, Judgment Debtor Dat Tien Nguyen Claim of Exemption is DENIED and Judgment Creditor Bank of America may garnish his wages in the amount of $783.86 per pay period.

Judgment Creditor Bank of America is to prepare and file a formal order after this hearing.

SO ORDERED.

3

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