The "judgment creditor's notice of opposition to the claim of exemption" shall be executed under oath and shall include all of the following:
§ 706.128.Judgment Creditor's Notice of Opposition to Claim of Exemption
Title 9. Enforcement of Judgments · Division 2 · Chapter 5. Wage Garnishment · Article 6. Forms; Employer's Instructions · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 706.128 requires the creditor's notice opposing a debtor's claim of exemption to be sworn and to identify the debtor and creditor, the date the claim of exemption was mailed, the amount the creditor disputes, and the factual and legal grounds for the opposition.
Full Text of § 706.128
(a) The name, last known address, and, if known, the social security number of the judgment debtor.
(b) The name and address of the judgment creditor.
(c) The date of mailing of the notice of claim of exemption.
(d) The amount of the judgment debtor's claim of exemption which the judgment creditor claims is not exempt.
(e) The factual and legal grounds for the judgment creditor's opposition to the claim of exemption.
Plain-English Summary
Once a debtor files a claim of exemption, the creditor who wants to contest it uses this form to do it. It has to be sworn, and it must identify the debtor by name, last known address, and Social Security number if known, along with the creditor's own name and address.
The substance is what makes the opposition real: the date the notice of claim of exemption was mailed, the specific amount of the debtor's claimed exemption the creditor disputes, and the factual and legal grounds supporting that dispute. Filing this notice within the 10-day window § 706.105 sets is what preserves the creditor's right to a hearing at all.
Frequently Asked Questions
What must the creditor's opposition to a claim of exemption say?
The amount of the debtor's claimed exemption the creditor disputes, and the factual and legal grounds for disputing it, along with identifying information for both parties.
Does the opposition have to be sworn?
Yes, § 706.128 requires it be executed under oath.
What happens if a creditor doesn't file this notice in time?
Section 706.105 treats the claim of exemption as unopposed, and the order gets terminated or modified without a hearing.
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 to claim of exemption california