(a) If a lien is created under this article, the defendant may claim that all or any portion of the money or property that the defendant may recover in the action or special proceeding is exempt from attachment. The claim shall be made by application on noticed motion to the court in which the action or special proceeding is pending, filed, and served on the plaintiff not later than 30 days after the defendant has notice of the creation of lien. The defendant shall execute an affidavit in support of the application that includes the matters set forth in subdivision (c) of Section 484.070. No notice of opposition to the claim of exemption is required. The failure of the defendant to make a claim of exemption under this section constitutes a waiver of the exemption.
§ 491.470.Claim of Exemption By Defendant
Title 6.5. Attachment · Chapter 11. Attaching Plaintiff's Miscellaneous Remedies · Article 3. Lien in Pending Action or Proceeding · Enacted 1984 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 491.470 lets the defendant claim, within 30 days of notice of the lien, that all or part of the money or property at stake in the other action is exempt from attachment, treats a missed deadline as a waiver of that exemption, and requires the court to terminate the lien on whatever portion the defendant proves is exempt.
Full Text of § 491.470
(c) If the defendant establishes to the satisfaction of the court that the money or property that the defendant may recover in the action or special proceeding is all or partially exempt from attachment, the court shall order the termination of the lien created under this article on the exempt portion of the money or property.
Plain-English Summary
A lien under this article does not automatically override the defendant's ordinary exemption rights. Section 491.470(a) lets the defendant claim that all or part of the money or property recoverable in the pending action is exempt from attachment, by noticed motion filed and served on the plaintiff no later than 30 days after the defendant gets notice the lien was created. The application must be supported by an affidavit covering the matters listed in § 484.070(c), and the plaintiff need not file a notice of opposition. Missing the 30-day window waives the exemption entirely.
Subdivision (b) gives the court flexibility on timing -- it can decide the exemption claim any time before judgment in the other action, or fold the hearing into the § 491.460 motion hearing.
Subdivision (c) sets the payoff: if the defendant proves that all or part of the recoverable money or property is exempt, the court must order the lien terminated on that exempt portion.
Frequently Asked Questions
How long does a defendant have to claim an exemption against this kind of lien?
Section 491.470(a) gives the defendant 30 days from notice of the lien's creation to file and serve the exemption claim on noticed motion, or the exemption is waived.
What happens if the defendant proves the property is exempt?
Section 491.470(c) requires the court to order the lien terminated on the exempt portion of the money or property.
Can the exemption hearing be combined with other proceedings in the case?
Yes. Section 491.470(b) lets the court consolidate the exemption hearing with the hearing on a § 491.460 motion.
Amendment History
Added by Stats. 1984, Ch. 538, Sec. 11.
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 lien pending action california30 day deadline claim exemption lien