California Code of Civil Procedure

§ 703.570

CCP § 703.570 Effective Jan 1, 2026Div. 2 · Title 9 · Part 2 · Ch. 4 · Art. 2

Statute text

(a)(1) The hearing on the motion shall be held not later than 30 days from the date the notice of motion was filed with the court unless continued by the court for good cause. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, if the hearing is delayed by the court and cannot be set within 30 days of notice of the motion, a party may seek by ex parte application, and the court shall issue, an order staying any levy or garnishment with respect to the property subject to the claim of exemption until the hearing occurs.

(2)The filing of an ex parte application under this section is not a general appearance and shall not constitute a waiver of the right to bring a motion under Section 418.10.

(b)Not less than 10 days prior to the hearing, the judgment creditor shall serve a notice of the hearing and a copy of the notice of opposition to the claim of exemption on the claimant and on the judgment debtor, if other than the claimant. Service shall be made personally or by mail.

Legislative history

Amended by Stats. 2025, Ch. 708, Sec. 5. (AB 774) Effective January 1, 2026.