Promptly after the filing of the claim of exemption, the levying officer shall serve both of the following on the judgment creditor personally or by mail:
§ 703.540.Service On Judgment Creditor
Title 9. Enforcement of Judgments · Division 2 · Chapter 4. Exemptions · Article 2. Procedure for Claiming Exemptions After Levy · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 703.540 requires the levying officer, promptly after a claim of exemption is filed, to serve the judgment creditor with a copy of the claim and a notice explaining that the property will be released unless the creditor timely files a notice of opposition and a notice of motion for a determination.
Full Text of § 703.540
(a) A copy of the claim of exemption.
(b) A notice of claim of exemption stating that the claim of exemption has been made and that the levying officer will release the property unless, within the time allowed as specified in the notice, both of the following are filed with the levying officer:
(1) A copy of the notice of opposition to the claim of exemption.
(2) A copy of the notice of motion for an order determining the claim of exemption.
Plain-English Summary
Once a claim of exemption is on file, the levying officer's job is to make sure the creditor finds out about it right away. Promptly after filing, the officer serves the creditor — personally or by mail — with a copy of the claim itself and a separate notice of claim of exemption.
That notice tells the creditor two things: that a claim has been made, and that the officer will release the property unless the creditor acts within the time the notice specifies. Acting means filing, with the levying officer, a copy of a notice of opposition to the claim and a copy of a notice of motion asking a court to determine the claim.
This is the hinge point of the whole procedure. A creditor who does nothing sees the property released; a creditor who wants to keep pursuing it has to file both documents described in §§ 703.550 and 703.560 within the deadline this notice sets.
Frequently Asked Questions
What must the levying officer do after a claim of exemption is filed?
Promptly serve the judgment creditor, personally or by mail, with a copy of the claim and a notice of claim of exemption.
What does that notice tell the creditor?
That the claim has been made and that the property will be released unless the creditor timely files a notice of opposition and a notice of motion for a determination.
What happens if the creditor doesn't respond?
The levying officer releases the property, since the creditor didn't file the opposition and motion documents required to keep the claim contested.
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: notice of claim of exemption californialevying officer duties exemption claim california