(a) The judgment debtor may claim that all or a portion of the right to payment is exempt from enforcement of a money judgment by application to the court on noticed motion filed not later than three days before the date set for the hearing on the judgment creditor's application for an assignment order. 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. Failure of the judgment debtor to make a claim of exemption is a waiver of the exemption.
§ 708.550.Claim of Exemption
Title 9. Enforcement of Judgments · Division 2 · Chapter 6. Miscellaneous Creditors' Remedies · Article 6. Assignment Order · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 708.550 lets a debtor claim that a right to payment targeted by an assignment order is wholly or partly exempt, by filing a noticed motion with a supporting § 703.520(b) affidavit and personally serving the creditor at least three days before the assignment hearing, with the court ruling at that same hearing.
Full Text of § 708.550
(b) The notice of the motion shall be personally served on the judgment creditor not later than three days before the date set for the hearing.
(c) The court shall determine any claim of exemption made pursuant to this section at the hearing on issuance of the assignment order.
Plain-English Summary
Like the exemption procedures elsewhere in this title, § 708.550 gives the debtor a chance to protect payments from assignment before the order issues. The debtor applies on noticed motion, supported by an affidavit covering the matters § 703.520(b) requires, and has to file it no later than three days before the hearing already scheduled on the creditor's assignment application.
The debtor must also personally serve the creditor with the motion at least three days before that hearing, a short window that reflects how the exemption claim rides along with, rather than delays, the underlying assignment proceeding. Failing to raise the exemption at all waives it.
The court does not need a separate hearing for the exemption claim. Subdivision (c) has the court decide it at the same hearing where it rules on whether to issue the assignment order in the first place.
Frequently Asked Questions
When must a debtor file a claim of exemption from an assignment order?
No later than three days before the date set for the hearing on the creditor's assignment application.
How must the debtor serve the exemption claim on the creditor?
Personally, no later than three days before the hearing date.
What happens if the debtor never files an exemption claim?
Failing to make the claim waives the exemption.
Is there a separate hearing for the exemption claim?
No. The court decides the exemption claim at the same hearing held on the assignment order application.
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: exemption from assignment order californiaprotecting income from assignment order