§ 704.235.One-Time Lump-Sum Payment Made From Hope Trust Account Exempt From Levy
Title 9. Enforcement of Judgments · Division 2 · Chapter 4. Exemptions · Article 3. Exempt Property · Enacted 2024 · no amendments on record · Last verified July 28, 2026
Full Text of § 704.235
Plain-English Summary
HOPE trust accounts, a state program defined in the Welfare and Institutions Code, can pay out a one-time lump sum, and this section protects that payment from ordinary creditors. The lump-sum payment is exempt without the debtor filing a claim, subject to the exception in subdivision (b).
That exception carves out the same categories of support-related and restitution debts that appear throughout this article: the payment isn't exempt from a levy connected to child support, spousal support, family support, or criminal restitution. Outside those categories, the protection is automatic.
Subdivision (c) adds a practical rule for banks: when a financial institution receives a HOPE trust payment directly from the state, it must treat the money as exempt if it's labeled "HOPE trust account payment," or if it's otherwise identified clearly enough for the bank to recognize what it is — sparing the debtor from having to separately prove the exemption at the bank counter.
Frequently Asked Questions
Is a HOPE trust lump-sum payment protected from creditors?
Yes, without filing a claim, under § 704.235(a) — except for levies connected to child support, spousal support, family support, or criminal restitution.
Does my bank need to be told the money is exempt before it protects it?
If the payment comes directly from the state and is designated or otherwise identifiable as a HOPE trust account payment, subdivision (c) requires the bank to treat it as exempt.
Can this payment be taken to satisfy a child support order?
Yes. Subdivision (b) specifically excludes child support, spousal support, family support, and criminal restitution levies from the exemption.
Amendment History
Added by Stats 2024 ch 1010 (SB 242),s 2, eff. 1/1/2025.