§ 703.570.Time For Holding Hearing On Motion; Service of Notice of Hearing
Title 9. Enforcement of Judgments · Division 2 · Chapter 4. Exemptions · Article 2. Procedure for Claiming Exemptions After Levy · Last amended 2026 · Last verified July 28, 2026
In one sentenceSection 703.570 requires the exemption hearing be held within 30 days of the motion's filing absent good cause for a continuance, lets a party seek an ex parte stay of levy or garnishment on a personal-debt judgment if the hearing can't be timely set, and requires the creditor to serve notice of the hearing and the opposition at least 10 days beforehand.
(1)The hearing on the motion shall be held not later than 30 days from the date the notice of motion was filed with the court unless continued by the court for good cause. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, if the hearing is delayed by the court and cannot be set within 30 days of notice of the motion, a party may seek by ex parte application, and the court shall issue, an order staying any levy or garnishment with respect to the property subject to the claim of exemption until the hearing occurs.
(2)The filing of an ex parte application under this section is not a general appearance and shall not constitute a waiver of the right to bring a motion under Section 418.10.
(b)Not less than 10 days prior to the hearing, the judgment creditor shall serve a notice of the hearing and a copy of the notice of opposition to the claim of exemption on the claimant and on the judgment debtor, if other than the claimant. Service shall be made personally or by mail.
Plain-English Summary
This section sets the hearing clock and gives debtors a safety valve when the court's own calendar causes delay. Subdivision (a)(1) requires the hearing on the motion to determine the claim of exemption to be held within 30 days of when the notice of motion was filed, unless the court continues it for good cause.
For a personal-debt judgment — one arising from a transaction that was primarily for the debtor's personal, family, or household purposes, as § 683.110(d) defines it — a delay caused by the court's own scheduling gets a remedy. If the hearing can't be set within 30 days, either party may seek, by ex parte application, an order staying any levy or garnishment on the property until the hearing happens, and the court has to issue that stay. Filing that ex parte application isn't treated as a general appearance and doesn't waive the right to bring a motion to quash under § 418.10.
Subdivision (b) puts the notice burden on the creditor: at least 10 days before the hearing, the creditor has to serve the claimant, and the debtor if different from the claimant, with notice of the hearing and a copy of the notice of opposition, personally or by mail.
Frequently Asked Questions
How soon must the exemption hearing be held after the motion is filed?
Within 30 days, unless the court continues the hearing for good cause.
What if the court can't schedule the hearing within 30 days on a personal-debt judgment?
Either party may seek an ex parte order staying any levy or garnishment on the property until the hearing occurs, and the court must issue it.
Does filing that ex parte application waive any other rights?
No. Section 703.570(a)(2) says it isn't a general appearance and doesn't waive the right to bring a motion under § 418.10.
How much notice of the hearing must the creditor give?
At least 10 days, along with a copy of the notice of opposition, served personally or by mail on the claimant and the debtor if different.
Amendment History
Amended by Stats 2025 ch 708 (AB 774),s 5, eff. 1/1/2026. Amended by Stats 2024 ch 514 (AB 2837),s 4, eff. 1/1/2025. Amended by Stats 2012 ch 484 (AB 2364),s 12, eff. 1/1/2013.
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:exemption hearing deadline californiastay of levy pending exemption hearing california