§ 704.140 Personal injury causes of action, damages or settlement; exemption; exception; periodic payment

Codes > California Code of Civil Procedure > Part 2 > Title 9 > 704.140

§ 704.140. Personal injury causes of action, damages or settlement; exemption; exception; periodic
payment

    (a) Except as provided in Article 5 (commencing with Section 708.410) of Chapter 6, a cause of action for personal injury is exempt without making a claim.

    (b) Except as provided in subdivisions (c) and (d), an award of damages or a settlement arising out of personal injury is exempt to the extent necessary for the support of the judgment debtor and the spouse and dependents of the judgment debtor.

    (c) Subdivision (b) does not apply if the judgment creditor is a provider of health care whose claim is based on the providing of health care for the personal injury for which the award or settlement was made.

    (d) Where an award of damages or a settlement arising out of personal injury is payable periodically, the amount of such periodic payment that may be applied to the satisfaction of a money judgment is the amount that may be withheld  from a like amount of earnings under Chapter 5 (commencing with Section 706.010) (Wage Garnishment Law).