CA AB3283

Claims of exemption and notices of opposition to claims of exemption do not constitute an appearance in court, and the court's power is limited to determining the exemption claim.

In exemption hearings, the exemption claimant bears the burden of proof and the court may make a determination based on the claim and notice of opposition if satisfied with the facts presented.

Court must review financial statements and make findings when a claim asserts that deposit account money is necessary for support of the judgment debtor and their spouse and dependents.

For personal debts, the court must order return of property that was exempt without needing a claim and was levied within 12 months, or property that would have been exempt and was levied within 6 months preceding the exemption order.

Levying officers must return exempt property within 20 business days of receiving the court's order, and judgment creditors must return it within 10 business days.