California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 6.5 — Attachment, Chapter 4 — Noticed Hearing Procedure for Obtaining Writ of Attachment, Article 3 — Ex Parte Procedure for Obtaining Additional Writs, Section 484.530

(a) The defendant may claim an exemption as to real or personal property levied upon pursuant to a writ issued under this article by following the procedure set forth in Article 2 (commencing with Section 703.510) of Chapter 4 of Division 2 of Title 9, except that the defendant shall claim the exemption as to personal property not later than 30 days after the levying officer serves the defendant with the notice of attachment describing such property. For this purpose, references in Article 2 (commencing with Section 703.510) of Chapter 4 of Division 2 of Title 9 to the “judgment debtor” shall be deemed references to the defendant, and references to the “judgment creditor” shall be deemed references to the plaintiff.

(b) The defendant may claim the exemption provided by subdivision (b) of Section 487.020 within the time provided by subdivision (a) of this section either (1) by following the procedure set forth in Article 2 (commencing with Section 703. 510) of Chapter 4 of Division 2 of Title 9 or (2) by following the procedure set forth in subdivision (c) of Section 482.100 except that the requirement of showing changed circumstances under subdivision (a) of Section 482.100 does not apply.

(c) Notwithstanding subdivisions (a) and (b), a claim of exemption shall be denied if the claim has been denied earlier in the action and there is no change in circumstances affecting the claim.

Notes

Allows a defendant to claim exemptions for property levied under the writ using the referenced exemption procedure, with personal-property claims due no later than 30 days after service of the attachment notice. Allows an alternate procedure for the specified exemption without changed-circumstances proof, but requires denial of a previously rejected exemption absent changed circumstances.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 484.530 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-6-5/chapter-4/article-3/section-484-530

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