§ 704.220.Money Exempt From Levy; Amount Equal to Or Less Than the Minimum Basic Standard of Adequate Care For a Family of Four For Region 1
Title 9. Enforcement of Judgments · Division 2 · Chapter 4. Exemptions · Article 3. Exempt Property · Last amended 2025 · Last verified July 28, 2026
Full Text of § 704.220
Plain-English Summary
This is one of the most consequential exemptions in this article for people living on modest bank balances — a wild-card protection for ordinary deposit accounts, tied to a state welfare benchmark rather than a fixed dollar figure. Money in the debtor's deposit account, up to the minimum basic standard of adequate care for a family of four for Region 1 (a figure the State Department of Social Services adjusts annually), is exempt without the debtor filing any claim.
This exemption doesn't crowd out other protections. It doesn't reduce any other exemption a debtor has under state or federal law, and where a bank has actual knowledge that the debtor qualifies for other exemptions it must apply, subdivision (b) coordinates the two: if those other exemptions add up to less than this section's amount, they're treated as included within it; if they add up to more, this section steps aside and the larger combined amount applies instead.
Three important levies fall entirely outside this protection: a levy to collect wages owed (including related damages and penalties), child support, or spousal support; a levy under specified Public Resources Code, Revenue and Taxation Code, or Unemployment Insurance Code provisions; and a state warrant or notice of levy for collecting a liability. The exemption also applies per debtor rather than per account, with detailed rules in subdivision (e) for how the protected amount gets allocated when a debtor holds several accounts at one bank or spread across multiple banks, including an ex parte court procedure either side can use to sort that out.
Frequently Asked Questions
How much money in my bank account is automatically protected from a judgment creditor?
Up to the minimum basic standard of adequate care for a family of four in Region 1, an amount the State Department of Social Services adjusts every year, exempt without filing a claim under § 704.220(a).
Does this protect my bank account from a child support or wage claim too?
No. Subdivision (c) excludes levies for wages owed, child support, spousal support, and certain state tax or licensing debts from this exemption entirely.
What if I have several bank accounts and my total balance exceeds the exempt amount?
The exemption applies per debtor, not per account. Subdivision (e) lets either the creditor or the debtor seek an ex parte court order determining how the exemption should be allocated across multiple accounts.
Does this exemption replace other exemptions I might have?
No. Subdivision (b) says it doesn't preclude or reduce any other exemption available under state or federal law, and coordinates with other known exemptions rather than replacing them.
Amendment History
Amended by Stats 2024 ch 514 (AB 2837),s 8, eff. 1/1/2025. Added by Stats 2019 ch 552 (SB 616),s 8, eff. 1/1/2020.