If a judgment creditor has failed to oppose a claim of exemption within the time allowed by Section 703.550 or if property has been determined by a court to be exempt, and the judgment creditor thereafter levies upon or otherwise seeks to apply the property toward the satisfaction of the same money judgment, the judgment creditor is not entitled to recover the subsequent costs of collection unless the property is applied to satisfaction of the judgment.
§ 703.090.Recovery of Subsequent Cost of Collection
Title 9. Enforcement of Judgments · Division 2 · Chapter 4. Exemptions · Article 1. General Provisions · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 703.090 denies a judgment creditor the subsequent costs of collection when the creditor levies again on the same money judgment after either failing to timely oppose an earlier claim of exemption or having the property judicially determined exempt, unless the property ends up applied to satisfy the judgment.
Full Text of § 703.090
Plain-English Summary
This section discourages a creditor from repeatedly chasing property that's already been found exempt, or that the creditor didn't even bother contesting the first time. If a judgment creditor let the deadline in § 703.550 pass without opposing a claim of exemption, or if a court already determined the property exempt, and the creditor later levies again — or otherwise tries to apply that same property to the same judgment — the creditor can't recover the costs of that later collection effort.
There's one way around the bar: if the property is in fact applied to satisfaction of the judgment despite the earlier exemption finding or unopposed claim, the creditor can still recover those subsequent costs.
The rule creates a real incentive to contest an exemption claim the first time around, rather than letting it go by default and trying again later at the debtor's expense.
Frequently Asked Questions
Can a creditor recover costs from levying on property already found exempt?
Not under § 703.090, unless the property is ultimately applied to satisfaction of the judgment despite the earlier exemption determination.
What if the creditor never opposed the original claim of exemption?
The same rule applies — failing to oppose within the time allowed by § 703.550 bars recovery of subsequent collection costs on a later levy against that property, absent the property being applied to the judgment.
Why would this rule matter to a judgment creditor?
It creates an incentive to contest a questionable exemption claim promptly, since repeated, unsuccessful attempts to reach the same property come at the creditor's own expense.
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: costs of collection exempt property californiare-levy exempt property california judgment