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§ 484.530.Claim of Exemption

Title 6.5. Attachment · Chapter 4. Noticed Hearing Procedure for Obtaining Writ of Attachment · Article 3. Ex Parte Procedure for Obtaining Additional Writs · Last amended 1983 · Last verified July 28, 2026

In one sentenceSection 484.530 lets a defendant whose property was levied on under an Article 3 ex parte writ claim an exemption using the judgment-debtor exemption procedure of § 703.510, with a thirty-day deadline running from service of the notice of attachment for personal property, while barring any claim already denied earlier in the action absent changed circumstances.

Full Text of § 484.530

Text sizeJump to: (a) (b) (c)

(a) The defendant may claim an exemption as to real or personal property levied upon pursuant to a writ issued under this article by following the procedure set forth in Article 2 (commencing with Section 703.510) of Chapter 4 of Division 2 of Title 9, except that the defendant shall claim the exemption as to personal property not later than 30 days after the levying officer serves the defendant with the notice of attachment describing such property. For this purpose, references in Article 2 (commencing with Section 703.510) of Chapter 4 of Division 2 of Title 9 to the "judgment debtor" shall be deemed references to the defendant, and references to the "judgment creditor" shall be deemed references to the plaintiff.
(b) The defendant may claim the exemption provided by subdivision (b) of Section 487.020 within the time provided by subdivision (a) of this section either (1) by following the procedure set forth in Article 2 (commencing with Section 703. 510) of Chapter 4 of Division 2 of Title 9 or (2) by following the procedure set forth in subdivision (c) of Section 482.100 except that the requirement of showing changed circumstances under subdivision (a) of Section 482.100 does not apply.
(c) Notwithstanding subdivisions (a) and (b), a claim of exemption shall be denied if the claim has been denied earlier in the action and there is no change in circumstances affecting the claim.

Plain-English Summary

A defendant hit by an ex parte additional writ isn't left without a way to protect exempt property. Subdivision (a) borrows the exemption procedure already built for judgment enforcement — Article 2 (commencing with § 703.510) of Chapter 4 of Division 2 of Title 9 — treating the defendant as the “judgment debtor” and the plaintiff as the “judgment creditor” for that purpose, with a personal-property deadline of no later than thirty days after the levying officer serves the notice of attachment describing the property.

Subdivision (b) carves out a separate path for the “necessary for support” exemption under § 487.020(b): the defendant can claim it either through that same § 703.510 procedure, or by a motion under § 482.100(c) — which, unlike the general rule, doesn't require showing a change in circumstances.

Subdivision (c) closes the loop: no matter which path the defendant uses, a claim of exemption gets denied if it was already denied earlier in the action and nothing has changed since.

Frequently Asked Questions

What procedure does a defendant use to claim an exemption after an ex parte additional writ under this article?

The judgment-debtor exemption procedure set out in Article 2 (commencing with § 703.510) of the judgment-enforcement law.

What's the deadline to claim a personal-property exemption?

No later than thirty days after the levying officer serves the defendant with the notice of attachment describing the property.

Can a defendant reclaim an exemption already denied earlier in the case?

No, § 484.530(c) denies a claim already denied earlier in the action unless circumstances have changed.

Is there a different path for the "necessary for support" exemption?

Yes. Section 487.020(b)'s support exemption can also be claimed by a motion under § 482.100(c), which doesn't require showing changed circumstances.

Amendment History

Amended by Stats. 1982, Ch. 1198, Sec. 39. Operative July 1, 1983, by Sec. 70 of Ch. 1198.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: claim exemption ex parte additional writ california