Property that is not subject to enforcement of a money judgment may not be levied upon or in any other manner applied to the satisfaction of a money judgment. If property that is not subject to enforcement of a money judgment has been levied upon, the property may be released pursuant to the claim of exemption procedure provided in Article 2 (commencing with Section 703.510) of Chapter 4.
§ 695.040.Property Not Subject to Enforcement Not to Be Levied Upon
Title 9. Enforcement of Judgments · Division 2 · Chapter 1. General Provisions · Article 1. Property Subject to Enforcement of Money Judgment · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 695.040 bars levying on, or otherwise applying to a judgment, any property that is not subject to enforcement of a money judgment, and lets a debtor recover property levied on in violation of that rule through the claim of exemption procedure in Article 2 of Chapter 4.
Full Text of § 695.040
Plain-English Summary
This section states the flip side of § 695.010's broad reach: property that isn't subject to enforcement can't be levied on or applied to a judgment in any other way. It's a short rule, but it's the enforcement mechanism behind every exemption and exception found elsewhere in this division.
Levying officers and creditors don't always get it right on the first try, though, so § 695.040 also builds in a remedy. If property that isn't subject to enforcement is levied on anyway, the debtor can get it released through the claim of exemption procedure in Article 2 (commencing with § 703.510) of Chapter 4 -- the same procedure debtors use generally to protect exempt property from a levy already made.
Frequently Asked Questions
What happens if property that isn't subject to enforcement gets levied on anyway?
Section 695.040 lets the debtor seek release of that property through the claim of exemption procedure in Article 2 (commencing with § 703.510) of Chapter 4.
Can a creditor apply exempt or otherwise protected property to a judgment by some method other than a levy?
No. Section 695.040 bars applying such property to satisfaction of a money judgment in any manner, not just by levy.
Amendment History
Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.
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: property not subject to enforcement californiaclaim of exemption after wrongful levy california