The notice of opposition to the claim of exemption shall be executed under oath and shall include both of the following:
§ 703.560.Requirements of Notice of Opposition
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 703.560 requires a creditor's notice of opposition to a claim of exemption be sworn and either allege the property isn't exempt under the statute the claimant relied on or that the debtor's equity exceeds the applicable exemption amount, along with the facts supporting that allegation.
Full Text of § 703.560
(a) An allegation either (1) that the property is not exempt under the provision of this chapter or other statute relied upon or (2) that the equity in the property claimed to be exempt is in excess of the amount provided in the applicable exemption.
(b) A statement of the facts necessary to support the allegation.
Plain-English Summary
A creditor can't oppose an exemption claim with a bare denial. The notice of opposition has to be executed under oath, and it has to make one of two specific allegations: either that the property isn't exempt under the statute the claimant cited, or that the debtor's equity in the property is worth more than the applicable exemption covers.
Either allegation has to come with a statement of the facts that support it. A creditor arguing the property doesn't qualify for the claimed exemption needs to explain why; a creditor arguing the equity exceeds the exemption amount needs to explain the valuation.
Section 703.580(c) later treats the claim of exemption and this notice of opposition as automatically controverting one another, so the specificity this section demands matters — those two sworn documents, together with whatever else is offered, may be all the evidence the court ever sees at the hearing.
Frequently Asked Questions
What must a notice of opposition to a claim of exemption allege?
Either that the property isn't exempt under the statute relied on, or that the debtor's equity in the property exceeds the amount the exemption covers.
Does the creditor have to support that allegation with facts?
Yes. Section 703.560(b) requires a statement of the facts necessary to support the allegation made.
Why does the specificity of this notice matter so much?
Because § 703.580(c) treats the claim of exemption and this notice as controverting each other automatically, so the court may decide the claim on these sworn documents alone if nothing else is offered.
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 opposition requirements california exemptionopposing claim of exemption california