§ 703.550.Filing Notice of Opposition to Claim
Title 9. Enforcement of Judgments · Division 2 · Chapter 4. Exemptions · Article 2. Procedure for Claiming Exemptions After Levy · Enacted 2019 · no amendments on record · Last verified July 28, 2026
Full Text of § 703.550
Plain-English Summary
This section sets the creditor's real deadline for keeping a contested exemption claim alive. Within 15 days after being served with the notice of claim of exemption, a creditor who wants to oppose has to file two documents with the court — a notice of opposition to the claim of exemption and a notice of motion for an order determining the claim — and file copies of both with the levying officer.
Once those copies reach the levying officer, the officer promptly forwards the underlying claim of exemption to the court, so the whole dispute lands in front of the judge who will decide it. If the copies never arrive within the 15 days, the officer doesn't wait for anything else — the property gets released to the extent it was claimed exempt.
This deadline works together with § 703.540's notice: the notice tells the creditor how much time is available, and this section supplies that time period and the consequence of missing it.
Frequently Asked Questions
How long does a creditor have to oppose a claim of exemption?
15 days after being served with the notice of claim of exemption.
What must the creditor file to keep opposing the claim?
A notice of opposition to the claim of exemption and a notice of motion for an order determining the claim, filed with the court, with copies filed with the levying officer.
What happens if the creditor misses the 15-day deadline?
The levying officer immediately releases the property to the extent it's claimed exempt.
Amendment History
Added by Stats 2019 ch 552 (SB 616),s 6, eff. 1/1/2020.