California Code of Civil Procedure

§ 484.070

CCP § 484.070 Effective Jan 1, 1999Title 6.5 · Part 2 · Ch. 4 · Art. 1

Statute text

(a)If the defendant claims that the personal property described in the plaintiff’s application, or a portion of such property, is exempt from attachment, the defendant shall claim the exemption as provided in this section. If the defendant fails to make the claim or makes the claim but fails to prove that the personal property is exempt, the defendant may not later claim the exemption except as provided in Section 482.100.

(b)If the defendant desires to claim at the hearing that real or personal property not described in the plaintiff’s application or real property described in the plaintiff’s application is exempt from attachment, in whole or in part, the defendant shall claim the exemption as provided in this section. Failure to make the claim does not preclude the defendant from later claiming the exemption. If the claim is made as provided in this section but the defendant fails to prove that the property is exempt from attachment, the defendant may not later claim that the property, or a portion thereof, is exempt except as provided in Section 482.100.

(c)The claim of exemption shall:

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Legislative history

Amended by Stats. 1998, Ch. 932, Sec. 14. Effective January 1, 1999.