§ 703.520.Filing Claim; Time; Information Included
Title 9. Enforcement of Judgments · Division 2 · Chapter 4. Exemptions · Article 2. Procedure for Claiming Exemptions After Levy · Last amended 2026 · Last verified July 28, 2026
Full Text of § 703.520
Plain-English Summary
Once property has been levied on, the clock starts running for the debtor — or anyone else entitled to claim on the debtor's behalf — to protect it. The claim goes to the levying officer, in person or by mail, along with a copy. Subdivision (a) sets the deadline at 15 days after personal service of the notice of levy, or 20 days after service by mail; a mailed claim assigned a tracking number counts as filed on the postmark date, and one without a tracking number counts as filed when the levying officer receives it.
The claim itself, under subdivision (b), has to be sworn and cover six things: the claimant's name and an address for service of any notice of opposition; the debtor's name and last-known address if the claimant isn't the debtor; a description of the property, with extra detail required for certain motor-vehicle, tool-of-trade, or life-insurance exemptions that call for describing other similar property the debtor owns; a financial statement if § 703.530 requires one; a citation to the statute supporting the exemption; and a statement of the supporting facts.
Subdivision (c) carves out relief for debts arising from personal, family, or household transactions — what § 683.110(d) defines as a “personal debt.” A claimant on that kind of debt can file a claim beyond the ordinary 20-day window, following the extended-claim procedures of §§ 703.580 and 706.105, though the levying officer can still release the funds to the creditor once the ordinary 20 days have passed.
Frequently Asked Questions
How long does a debtor have to file a claim of exemption after a levy?
15 days after personal service of the notice of levy, or 20 days after service by mail.
What does a claim of exemption have to include?
The claimant's name and address, the debtor's name and address if different, a description of the exempt property, a financial statement if required, a citation to the supporting statute, and a statement of supporting facts.
Can a claimant file after the normal deadline for a personal debt?
Does mailing the claim near the deadline still count as timely?
Yes, if the mailed claim is assigned a tracking number, it's deemed filed on the postmark date rather than when it's received.
Amendment History
Amended by Stats 2025 ch 708 (AB 774),s 4, eff. 1/1/2026. Added by Stats 2019 ch 552 (SB 616),s 4, eff. 1/1/2020.