Object to Claim of Exemptions – NON-Wages
The debtor has the right to ask the court to protect some types of property from being used to pay a judgment debt. Usually, this is because it is considered a “necessity of life.”
The judgment creditor has the right to object to the debtor’s request for an exemption. You will find more information about what exemptions are allowed below:
Note: the second page of this form applies to debtors who have filed for bankruptcy.
The court will hold a hearing to decide whether or not to allow the debtor’s claim of exemption. The information below tells judgment creditors what they have to do if they do not agree with the exemptions the debtor claims.
If you are not sure which forms to use, talk with your Small Claims Advisor or a lawyer.
- For help finding your court's Small Claims Advisor, click here.
- For help in getting low-cost legal aid, click here.
For help finding local court forms you may need, go to your county's court website: click here.
How To Object to Debtor’s Claim of Exemptions (NOT a wage garnishment)
Step 1. Get and fill out two forms:
- Notice of Opposition to the Claim of Exemption (Form EJ-170)
- Notice of Hearing on Claim of Exemption (Form WG-010/EJ-175)
Make 4 copies of each form.
Step 2. File these forms with the court clerk.
- Once the forms are filed, the court clerk will set a hearing date and write it on Form WG-010/EJ-175.
NOTE: You have only 10 days from the date that the levying officer mailed the Claim of Exemption (Form EJ-160) to you to file your opposition with the court.
Step 3. Serve copies of both forms as follows:
- the levying officer (usually a sheriff).
- the judgment debtor (at least 10 days before the hearing.)
Have your server fill out the Proof of Service (Form POS-020). Make a copy of it for your files.
Step 4. File your Proof of Service with the court at least 5 days before the hearing.
Step 5. Attend the hearing during which the court will decide whether or not to allow the debtor’s claim of exemption.
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