(a) The claimant may make a claim of exemption by filing with the levying officer a claim of exemption together with a copy thereof. The claim shall be made within 10 days after the date the notice of levy on the property claimed to be exempt was served on the judgment debtor.
(b) The claim of exemption shall be executed under oath and shall include all of the following:
(1) The name of the claimant and the mailing address where service of a notice of opposition to the claim may be made upon the claimant.
(2) The name and last known address of the judgment debtor if the claimant is not the judgment debtor.
(3) A description of the property claimed to be exempt. If an exemption is claimed pursuant to Section 704.010 or 704.060, the claimant shall describe all other property of the same type (including exempt proceeds of property of the same type) owned by the judgment debtor alone or in combination with others on the date of levy and identify the property, whether or not levied upon, to which the exemption is to be applied. If an exemption is claimed pursuant to subdivision (b) of Section 704.100, the claimant shall state the nature and amount of all other property of the same type owned by the judgment debtor or the spouse of the judgment debtor alone or in combination with others on the date of levy.
(4) A financial statement if required by Section 703.530.
(5) A citation of the provision of this chapter or other statute upon which the claim is based.
(6) A statement of the facts necessary to support the claim.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
Last modified: October 25, 2018