(a) If a lien is created under this article, the judgment debtor may claim that all or any portion of the money or property that the judgment debtor may recover in the action or special proceeding is exempt from enforcement of a money judgment. The claim shall be made by application on noticed motion to the court in which the action or special proceeding is pending, filed and served on the judgment creditor not later than 30 days after the judgment debtor has notice of the creation of the lien. Service shall be made personally or by mail. The judgment debtor shall execute an affidavit in support of the application that includes all the matters set forth in subdivision (b) of Section 703.520. No notice of opposition to the claim of exemption is required. The failure of the judgment debtor to make a claim of exemption under this section constitutes a waiver of the exemption.
§ 708.450.Claim of Exemption
Title 9. Enforcement of Judgments · Division 2 · Chapter 6. Miscellaneous Creditors' Remedies · Article 5. Lien in Pending Action or Proceeding · Last amended 1984 · Last verified July 28, 2026
In one sentenceSection 708.450 lets a debtor claim that money or property recovered in the pending action is wholly or partly exempt from enforcement, by filing and serving a noticed motion with a supporting affidavit within 30 days of learning of the lien, and requires the court to terminate the lien on any exempt portion.
Full Text of § 708.450
(c) If the judgment debtor establishes to the satisfaction of the court that the right of the judgment debtor to money or property under the judgment in the action or special proceeding is all or partially exempt from enforcement of a money judgment, the court shall order the termination of the lien created under this article on the exempt portion of the money or property.
Plain-English Summary
A lien under this article does not override the debtor's exemption rights. Section 708.450 lets the debtor claim that all or part of whatever the debtor recovers in the pending action is exempt from enforcement of a money judgment. The debtor makes that claim by noticed motion, filed and served on the creditor within 30 days after learning the lien exists, backed by an affidavit covering the same matters required for exemption claims under § 703.520(b). No opposition notice is required from the creditor, and missing the 30-day deadline waives the exemption entirely.
The court has flexibility in when it resolves the claim. It can rule any time before judgment is entered in the pending case, or fold the exemption hearing into the hearing on a § 708.470 application to apply the debtor's recovery to the lien.
If the debtor proves the exemption, the court does not just deny the creditor's later enforcement efforts, it affirmatively orders the lien terminated as to the exempt portion of the money or property.
Frequently Asked Questions
How long does a debtor have to claim an exemption after a lien is created?
Not later than 30 days after the debtor has notice that the lien was created.
What must accompany the debtor's exemption motion?
An affidavit covering all the matters listed in § 703.520(b).
Does the creditor have to file a written opposition to the exemption claim?
No, § 708.450(a) says no notice of opposition is required.
What happens if the debtor never files an exemption claim?
The failure to claim the exemption within the 30-day window waives it.
What does the court do if it finds the recovery is exempt?
It orders the lien terminated as to whatever portion of the money or property it finds exempt.
Amendment History
Amended by Stats. 1984, Ch. 538, Sec. 31.
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 of exemption lien pending action californiaexemption from judgment lien california