Post Judgment Remedies

A Debtor may Claim Assets are Exempt from Levy because they're Necessary for the Support of the Debtor and Family

The law provides that a debtor may claim that his/her assets are exempt from levy because they are necessary for the support of the debtor and the debtor’s family.

A claim of exemption is filed by the debtor with the court together with a financial statement. Upon receipt of the claim of exemption, the court will mail the creditor a copy, together with copies of the financial statement and notice of claim of exemption.

The creditor who desires to contest a claim of exemption must file a notice of opposition to the claim of exemption. If the notice of opposition is filed with the marshal/sheriff the creditor is entitled to a hearing.

If the creditor desires a hearing, he/she must file a notice of hearing on claim of exemption with the court after the date the marshal/sheriff mailed the notice of claim of exemption. The hearing will be conducted unless the court continues the matter for good cause. Prior to the hearing, the creditor must give written notice of the hearing to the marshal/sheriff and must mail a copy, together with a copy of the notice of opposition to the judgment debtor.

The creditor must file a proof of service by mail with the court stating that he/she did effect service of these documents on the judgment debtor.