(a) The defendant may claim an exemption as to real or personal property levied upon pursuant to a writ of attachment issued under this chapter 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 and may claim an exemption for real property within the time provided in Section 487.030. 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.
§ 485.610.Generally
Title 6.5. Attachment · Chapter 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment · Article 4. Claim of Exemption · Last amended 1984 · Last verified July 28, 2026
In one sentenceSection 485.610 lets a defendant attached under Chapter 5's ex parte procedure claim an exemption using § 703.510's judgment-debtor procedure, within thirty days of the notice of attachment for personal property or the § 487.030 deadline for real property.
Full Text of § 485.610
(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.
Plain-English Summary
This section gives a defendant attached under Chapter 5's ex parte procedure the same exemption machinery available elsewhere in this title, extended to cover real property directly. Subdivision (a) borrows Article 2 (commencing with § 703.510) of the judgment-enforcement law, treating the defendant as the “judgment debtor” and the plaintiff as the “judgment creditor” for that purpose. The deadline for a personal-property claim is no later than thirty days after the levying officer serves the notice of attachment describing the property; for real property, the defendant instead has the time allowed by § 487.030.
Subdivision (b) carries over the same alternate path Chapter 4's parallel section provides for the “necessary for support” exemption under § 487.020(b): the defendant can claim it either through the § 703.510 procedure or by a motion under § 482.100(c), which skips the changed-circumstances showing that subdivision (a) of that section would otherwise require.
Frequently Asked Questions
How does a defendant claim an exemption for property attached ex parte under Chapter 5?
By following the judgment-debtor exemption procedure in § 703.510, with the defendant treated as the "judgment debtor" and the plaintiff as the "judgment creditor" for that purpose.
What's the deadline for a personal-property exemption claim?
No later than thirty days after the levying officer serves the notice of attachment describing the property.
What about an exemption claim for real property attached this way?
Section 485.610(a) allows the claim within the time provided by § 487.030.
Is there a different route for the "necessary for support" exemption?
Yes, it can also be claimed by a motion under § 482.100(c), which doesn't require showing changed circumstances.
Amendment History
Amended by Stats. 1984, Ch. 538, Sec. 2.
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: exemption claim ex parte attachment california