(a) The funds of a judgment debtor confined in a prison or facility under the jurisdiction of the Department of Corrections or the Department of the Youth Authority or confined in any county or city jail, road camp, industrial farm, or other local correctional facility, held in trust for or to the credit of the judgment debtor, in an inmate's trust account or similar account by the state, county, or city, or any agency thereof, are exempt without making a claim in the amount of one thousand seven hundred fifty dollars ($1,750). If the judgment debtor is married, each spouse is entitled to a separate exemption under this section or the spouses may combine their exemptions.
§ 704.090.Funds of Imprisoned Debtor
Title 9. Enforcement of Judgments · Division 2 · Chapter 4. Exemptions · Article 3. Exempt Property · Last amended 2021 · Last verified July 28, 2026
In one sentenceSection 704.090 exempts, without a claim, up to $1,750 held in an inmate's trust account for a debtor confined in a state, county, or city correctional facility, with each spouse entitled to a separate or combined exemption, but limits the protection to only $325 when the judgment is a criminal restitution fine or order.
Full Text of § 704.090
(b) Notwithstanding subdivision (a), if the judgment is for a restitution fine or order imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as operative on or before September 28, 1994, or Section 1203.04 of the Penal Code, as operative on or before August 2, 1995, or Section 1202.4 of the Penal Code, the funds held in trust for, or to the credit of, a judgment debtor described in subdivision (a) are exempt in the amount of three hundred twenty-five dollars ($325) without making a claim. The exemption provided in this subdivision is not subject to adjustment under Section 703.150.
Plain-English Summary
Incarcerated debtors still have money held for them by the institution holding them, and this section protects a portion of it. Funds held in trust for a judgment debtor confined in a state prison, a Department of the Youth Authority facility, or a county or city jail, road camp, industrial farm, or other local correctional facility are exempt up to $1,750, automatically, without filing a claim. Married debtors each get their own $1,750 exemption, and spouses may combine the two into a single larger protected amount.
That protection shrinks sharply, though, when the judgment being enforced is itself a criminal restitution fine or order. Subdivision (b) drops the exempt amount to just $325 for judgments under the restitution statutes it lists — a deliberately narrower shield, reflecting that restitution obligations get less protection than ordinary civil debts. Unlike the standard exemptions in this article, this $325 restitution amount is fixed and doesn't get periodically adjusted under § 703.150.
Frequently Asked Questions
Is money in a jail or prison trust account protected from creditors?
Yes, up to $1,750 without filing a claim, under § 704.090(a). Married debtors can each claim their own $1,750 exemption or combine them.
Does this exemption apply to a restitution fine ordered in the debtor's own criminal case?
No, not to the same extent. Subdivision (b) limits the exemption to only $325 when the judgment being enforced is a qualifying criminal restitution fine or order.
Does the $325 restitution exemption increase over time like other exemptions in this article?
No. Section 704.090(b) specifically exempts that amount from the periodic dollar-amount adjustments made under § 703.150.
Amendment History
Amended by Stats 2020 ch 81 (SB 898),s 7, eff. 1/1/2021. Amended by Stats 2003 ch 379 (AB 182),s 10, eff. 1/1/2004.
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: inmate trust account exemption californiaprisoner funds exempt from creditors