Claim Of Exemption Form PDF Details

When individuals find themselves facing financial judgments that threaten to seize their assets or property, the Claim of Exemption form serves as a critical tool for protection. Specifically designed for situations other than wage garnishment, this document, identified as EJ-160, allows individuals, referred to as judgment debtors, to declare certain properties or income as exempt from collection or levies by creditors. It is a part of the enforcement of judgment process within the Superior Court of California, though its principles are mirrored in various forms across the United States. The form requires detailed information including the judgment debtor's name, contact details, and specifics about the property being claimed as exempt, alongside the legal basis for the exemption, under specific codes and sections. Moreover, it calls for a factual support statement for the claim and necessitates attachment of a Financial Statement form in certain cases. The unique aspects of the form, such as the requirement to return it to the levying officer rather than filing it with the court, reflect its role in the administrative rather than the judicial aspect of exemption claims. Furthermore, the form accommodates a range of property types from motor vehicles to tools of trade and insurance policy values, aiming to protect assets essential for the debtor’s livelihood and support of their family, emphasizing the measures in place to balance the rights of creditors with the financial survival of debtors.

QuestionAnswer
Form NameClaim Of Exemption Form
Form Length1 pages
Fillable?No
Fillable fields0
Avg. time to fill out15 sec
Other nameswhere claim of exemption forms, claim of exemption california, claim for exemption, claim for exemption form form

Form Preview Example

[NOT FOR WAGE GARNISHMENT]

 

 

RETURN TO LEVYING OFFICER. DO NOT FILE WITH COURT

EJ-160

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

FOR LEVYING OFFICER USE ONLY

 

 

 

 

(Levying Officer Name and Address)

 

TELEPHONE NO.:

FAX NO. (Optional):

 

E-MAIL ADDRESS (Optional):

 

 

ATTORNEY FOR (Name):

 

 

 

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

 

STREET ADDRESS:

 

 

MAILING ADDRESS:

 

 

CITY AND ZIP CODE:

 

 

BRANCH NAME:

 

 

 

 

 

 

 

LEVYING OFFICER FILE NUMBER:

PLAINTIFF/PETITIONER:

 

DEFENDANT/RESPONDENT:

 

 

 

 

 

CLAIM OF EXEMPTION

FOR COURT USE ONLY

 

 

 

(Enforcement of Judgment)

 

 

 

 

Copy all the information required above (except the top left space) from the Notice of Levy. The top left space is for your name or your attorney's name and address. The original and one copy of this form must be filed with the levying officer.

DO NOT FILE WITH THE COURT.

1.My name is:

2.Papers should be sent to:

me.

my attorney (I have filed with the court and served on the judgment creditor a

request that papers be sent to my attorney and my attorney has consented in CASE NUMBER:

writing on the request to receive these papers.)

at the address

shown above

following (specify):

3.

I am not the judgment debtor named in the notice of levy. The name and last known address of the judgment debtor is (specify):

4.The property I claim to be exempt is (describe):

5.The property is claimed to be exempt under the following code and section (specify):

6.The facts which support this claim are (describe):

7.

8.

9.

The claim is made pursuant to a provision exempting property to the extent necessary for the support of the judgment debtor and the spouse and dependents of the judgment debtor. A Financial Statement form is attached to this claim.

The property claimed to be exempt is

a.

 

a motor vehicle, the proceeds of an execution sale of a motor vehicle, or the proceeds of insurance or other

 

 

indemnification for the loss, damage, or destruction of a motor vehicle.

b. tools, implements, materials, uniforms, furnishings, books, equipment, a commercial motor vehicle, a vessel,

or other personal property used in the trade, business or profession of the judgment debtor or spouse.

c.all other property of the same type owned by the judgment debtor, either alone or in combination with others, is (describe):

The property claimed to be exempt consists of the loan value of unmatured life insurance policies (including endowment and annuity policies) or benefits from matured life insurance policies (including endowment and annuity policies). All other property of the same type owned by the judgment debtor or the spouse of the judgment debtor, either alone or in combination with others, is (describe):

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:

(TYPE OR PRINT NAME)

Form Approved by the

Judicial Council of California

EJ-160 [Rev. January 1, 2009]

CLAIM OF EXEMPTION (Enforcement of Judgment)

(SIGNATURE OF DECLARANT)

Page 1 of 1

Code of Civil Procedure, § 703.520

www.courtinfo.ca.gov

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Step number 1 in completing claim for exemption form form

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How to complete claim for exemption form form stage 2

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3. The following section is relatively uncomplicated, The property claimed to be exempt, I declare under penalty of perjury, Date, TYPE OR PRINT NAME, Form Approved by the, Judicial Council of California EJ, CLAIM OF EXEMPTION, Enforcement of Judgment, SIGNATURE OF DECLARANT, Page of, Code of Civil Procedure, and wwwcourtinfocagov - every one of these blanks has to be completed here.

Guidelines on how to fill out claim for exemption form form step 3

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