(a) In an action brought pursuant to this article, the judgment debtor may claim that all or any portion of the property or debt is exempt from enforcement of a money judgment. The claim shall be made by application to the court on noticed motion, filed with the court and served on the judgment creditor not later than 30 days before the date set for trial. Service shall be made personally or by mail. The judgment debtor shall execute an affidavit in support of the application that includes all of the matters set forth in subdivision (b) of Section 703.520. No notice of opposition to the claim of exemption is required. If the judgment debtor has not been named as a party to the action, the judgment debtor may obtain an order under Section 389 that the judgment debtor be made a party. Except as provided in subdivision (b), failure of the judgment debtor to make a claim of exemption is a waiver of the exemption.
§ 708.260.Claim of Exemption
Title 9. Enforcement of Judgments · Division 2 · Chapter 6. Miscellaneous Creditors' Remedies · Article 3. Creditor's Suit · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 708.260 lets a judgment debtor claim that property or a debt at issue in a creditor's suit is exempt, by a noticed application filed and served on the creditor at least 30 days before trial with a supporting affidavit, and treats a missed claim as a waiver unless the debtor lacked adequate notice of the property, debt, or lawsuit.
Full Text of § 708.260
(b) Failure of the judgment debtor to make a claim of exemption in an action brought pursuant to this article is not a waiver of the exemption if both of the following conditions are satisfied:
(1) The judgment debtor has not been served with process in the action that contains a description of the property or debt reasonably adequate to permit it to be identified.
(2) The judgment debtor does not have actual notice of the pendency of the action and the identity of the property or the nature of the debt in issue.
Plain-English Summary
A creditor's suit doesn't strip the debtor of the right to protect exempt property just because the fight is happening between the creditor and a third person. This section lets the debtor claim that all or part of the property or debt at issue is exempt from enforcement, using an application on noticed motion filed with the court and served on the creditor — personally or by mail — no later than 30 days before trial, backed by the same affidavit § 703.520(b) requires. No opposition notice is needed, and if the debtor hasn't yet been made a party, the debtor can seek joinder under § 389 in order to raise the claim.
Missing that deadline generally waives the exemption. But subdivision (b) protects a debtor who truly didn't have a fair chance to act: the waiver doesn't apply if the debtor was never served with process describing the property or debt clearly enough to identify it, and the debtor had no actual notice of the lawsuit and what property or debt was in dispute.
Frequently Asked Questions
How does a judgment debtor claim an exemption in a creditor's suit?
By a noticed application filed with the court and served on the creditor, personally or by mail, no later than 30 days before trial, supported by the affidavit § 703.520(b) requires.
What happens if the debtor misses that deadline?
Generally, the exemption is waived, unless the debtor was never served with process describing the property or debt adequately and had no actual notice of the lawsuit and what was at stake.
Does the debtor have to already be a party to raise this claim?
No. A debtor who hasn't been named as a party can obtain an order under § 389 to be made one for this purpose.
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: claim exemption creditor's suit californiaprotecting exempt property creditor's suit