SB 1075

Bill Subjects

Abstract

Existing law authorizes a judgment debtor to claim property that has been levied upon as exempt by filing a claim of exemption with the levying officer that is then served on the judgment creditor. Existing law requires a judgment creditor who opposes a claim of exemption to file with the court a notice of opposition to the claim within 10 days after service of the notice of exemption. Existing law provides that if a judgment creditor has failed to timely oppose a claim of exemption, or if that property has been determined by a court to be exempt, and the judgment creditor then levies upon or seeks to apply the property toward satisfaction of the money judgment, the creditor is not entitled to recover the subsequent costs of collection unless the property is applied to satisfaction of the judgment. This bill would instead prohibit the judgment creditor from recovering any costs of collection under these circumstances.