After the expiration of the period allowed for claiming an exemption under Section 708.770 if no exemption has been claimed, or after the determination of the claim of exemption if an exemption is claimed within the period allowed for claiming the exemption under Section 708.770, the court shall pay the nonexempt portion of the money deposited to which the judgment creditor is entitled to the judgment creditor and the balance thereof, if any, to the judgment debtor, unless some other disposition is required by law.
§ 708.775.Payment of Portion of Deposit to Which Creditor Entitled
Title 9. Enforcement of Judgments · Division 2 · Chapter 6. Miscellaneous Creditors' Remedies · Article 8. Collection of Judgment Where Judgment Debtor Is Creditor of Public Entity · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 708.775 directs the court to pay the creditor the nonexempt portion of the deposited money once the debtor's exemption window under § 708.770 expires without a claim, or once a timely claim is resolved, and to pay any remaining balance to the debtor unless some other disposition is required by law.
Full Text of § 708.775
Plain-English Summary
This section closes out the deposit process. Once the ten-day period § 708.770 gives the debtor to claim an exemption runs out without a claim, or once a timely claim has been decided, the court pays the creditor whatever nonexempt portion of the deposit the creditor is entitled to.
Whatever is left over after that goes to the debtor, unless some other law requires a different disposition, a nod to situations elsewhere in this article, like support arrearage cases, where different distribution rules might apply to the same funds.
Frequently Asked Questions
When does the court release the deposited funds to the creditor?
After the § 708.770 exemption period expires without a claim, or after a timely exemption claim has been decided.
What happens to money left over after the creditor is paid?
It goes to the debtor, unless some other law requires a different disposition.
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: paying deposited funds to creditor californiadistribution of public entity deposit