§ 708.280 Court determination of exemption claim; rendering of judgment; order concerning transfer of property

Codes > California Code of Civil Procedure > Part 2 > Title 9 > 708.280

§ 708.280. Court determination of exemption claim; rendering of judgment; order concerning transfer of
property

    (a) The court shall determine any exemption claim made in the action. If the judgment debtor establishes to the satisfaction of the court that the property or debt is exempt from enforcement of a money judgment, the court shall so adjudge and may not make the orders referred to in subdivisions (b), (c), and (d).

    (b) If the judgment creditor establishes that the third person has property in which the judgment debtor has an interest or is indebted to the judgment debtor, the court shall render judgment accordingly. The property or debt may be applied to the satisfaction of the judgment creditor's judgment against the judgment debtor as ordered by the court.

    (c) If the court determines that the third person has property in which the judgment debtor has an interest, the court may order the third person not to transfer the property until it can be levied upon or otherwise applied to the satisfaction of the judgment.

    (d) If the court determines that the third person has transferred property that was subject to a lien in favor of the judgment creditor or, contrary to court order of which the third person has notice, has paid the debt to the judgment debtor or has transferred the property, the court shall render judgment against the third person in an amount equal to the lesser of the following:

        (1) The value of the judgment debtor's interest in the property or the amount of the debt.

        (2) The amount of the judgment creditor's judgment against the judgment debtor remaining unsatisfied.