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Code of Civil Procedure - CCP - CCP § 704.140
Code of Civil Procedure - CCP - CCP § 704.140
(a) Except as provided in Article 5 (commencing with Section 708.410) of Chapter 6, a cause of action for personal injury is exempt without making a claim. (b) Except as provided in subdivisions (c) and (d), an award of damages or a settlement arising out of personal injury is ex
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Code of Civil Procedure - CCP - CCP § 704.150
Code of Civil Procedure - CCP - CCP § 704.150
(a) Except as provided in Article 5 (commencing with Section 708.410) of Chapter 6, a cause of action for wrongful death is exempt without making a claim. (b) Except as provided in subdivision (c), an award of damages or a settlement arising out of the wrongful death of the judgm
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Code of Civil Procedure - CCP - CCP § 704.160
Code of Civil Procedure - CCP - CCP § 704.160
(a) Except as provided by Chapter 1 (commencing with Section 4900) of Part 3 of Division 4 of the Labor Code, before payment, a claim for workers’ compensation or workers’ compensation awarded or adjudged is exempt without making a claim. Except as specified in subdivision (b), a
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Code of Civil Procedure - CCP - CCP § 704.170
Code of Civil Procedure - CCP - CCP § 704.170
Before payment, aid provided pursuant to Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or similar aid provided by a charitable organization or a fraternal benefit society as defined in Section 10990 of the Insurance Code, is exempt without making
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Code of Civil Procedure - CCP - CCP § 704.180
Code of Civil Procedure - CCP - CCP § 704.180
Before payment, relocation benefits for displacement from a dwelling which are to be paid pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code or the federal “Uniform Relocation Assistance and Real Property Acquisition Policies Act
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Code of Civil Procedure - CCP - CCP § 704.190
Code of Civil Procedure - CCP - CCP § 704.190
(a) As used in this section, “institution of higher education” means “institution of higher education” as defined in Section 1141(a) of Title 20 of the United States Code, as amended. (b) Before payment, financial aid for expenses while attending school provided to a student by a
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Code of Civil Procedure - CCP - CCP § 704.200
Code of Civil Procedure - CCP - CCP § 704.200
(a) As used in this section: (1) “Cemetery” has the meaning provided by Section 7003 of the Health and Safety Code. (2) “Family plot” is a plot that satisfies the requirements of Section 8650 of the Health and Safety Code. (3) “Plot” has the meaning provided by Section 7022 of th
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Code of Civil Procedure - CCP - CCP § 704.210
Code of Civil Procedure - CCP - CCP § 704.210
Property that is not subject to enforcement of a money judgment is exempt without making a claim.
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Code of Civil Procedure - CCP - CCP § 704.220
Code of Civil Procedure - CCP - CCP § 704.220
(a) Money in the judgment debtor’s deposit account in an amount equal to or less than the minimum basic standard of adequate care for a family of four for Region 1, established by Section 11452 of the Welfare and Institutions Code and as annually adjusted by the State Department
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Code of Civil Procedure - CCP - CCP § 704.225
Code of Civil Procedure - CCP - CCP § 704.225
Money in a judgment debtor’s deposit account that is not otherwise exempt under this chapter is exempt to the extent necessary for the support of the judgment debtor and the spouse and dependents of the judgment debtor.
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Code of Civil Procedure - CCP - CCP § 704.230
Code of Civil Procedure - CCP - CCP § 704.230
Money provided to the judgment debtor by the Federal Emergency Management Agency (FEMA) is exempt without making a claim.
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Code of Civil Procedure - CCP - CCP § 704.235
Code of Civil Procedure - CCP - CCP § 704.235
(a) A one-time lump-sum payment made from a HOPE trust account, as defined in subdivision (a) of Section 18997.51 of the Welfare and Institutions Code, shall be exempt without making a claim, except as provided in subdivision (b). (b) A one-time lump-sum payment described in subd
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Code of Civil Procedure - CCP - CCP § 704.710
Code of Civil Procedure - CCP - CCP § 704.710
As used in this article: (a) “Dwelling” means a place where a person resides and may include but is not limited to the following: (1) A house together with the outbuildings and the land upon which they are situated. (2) A mobilehome together with the outbuildings and the land upo
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Code of Civil Procedure - CCP - CCP § 704.720
Code of Civil Procedure - CCP - CCP § 704.720
(a) A homestead is exempt from sale under this division to the extent provided in Section 704.800. (b) If a homestead is sold under this division or is damaged or destroyed or is acquired for public use, the proceeds of sale or of insurance or other indemnification for damage or
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Code of Civil Procedure - CCP - CCP § 704.730
Code of Civil Procedure - CCP - CCP § 704.730
(a) The amount of the homestead exemption is the greater of the following: (1) The countywide median sale price for a single-family home in the calendar year prior to the calendar year in which the judgment debtor claims the exemption, not to exceed six hundred thousand dollars (
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Code of Civil Procedure - CCP - CCP § 704.740
Code of Civil Procedure - CCP - CCP § 704.740
(a) Except as provided in subdivision (b), the interest of a natural person in a dwelling may not be sold under this division to enforce a money judgment except pursuant to a court order for sale obtained under this article and the dwelling exemption shall be determined under thi
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Code of Civil Procedure - CCP - CCP § 704.750
Code of Civil Procedure - CCP - CCP § 704.750
(a) Promptly after a dwelling is levied upon (other than a dwelling described in subdivision (b) of Section 704.740), the levying officer shall serve notice on the judgment creditor that the levy has been made and that the property will be released unless the judgment creditor co
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Code of Civil Procedure - CCP - CCP § 704.760
Code of Civil Procedure - CCP - CCP § 704.760
The judgment creditor’s application shall be made under oath, shall describe the dwelling, and shall contain all of the following: (a) A statement whether or not the records of the county tax assessor indicate that there is a current homeowner’s exemption or disabled veteran’s ex
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Code of Civil Procedure - CCP - CCP § 704.770
Code of Civil Procedure - CCP - CCP § 704.770
(a) Upon the filing of the application by the judgment creditor, the court shall set a time and place for hearing and order the judgment debtor to show cause why an order for sale should not be made in accordance with the application. The time set for hearing shall be not later t
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Code of Civil Procedure - CCP - CCP § 704.780
Code of Civil Procedure - CCP - CCP § 704.780
(a) The burden of proof at the hearing is determined in the following manner: (1) If the records of the county tax assessor indicate that there is a current homeowner’s exemption or disabled veteran’s exemption for the dwelling claimed by the judgment debtor or the judgment debto
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Code of Civil Procedure - CCP - CCP § 704.790
Code of Civil Procedure - CCP - CCP § 704.790
(a) This section applies in any case where the court makes an order for sale of the dwelling upon a hearing at which none of the following appeared: (1) The judgment debtor. (2) The judgment debtor’s spouse. (3) The attorney for the judgment debtor. (4) The attorney for the judgm
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Code of Civil Procedure - CCP - CCP § 704.800
Code of Civil Procedure - CCP - CCP § 704.800
(a) If no bid is received at a sale of a homestead pursuant to a court order for sale that exceeds the amount of the homestead exemption plus any additional amount necessary to satisfy all liens and encumbrances on the property, including but not limited to any attachment or judg
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Code of Civil Procedure - CCP - CCP § 704.810
Code of Civil Procedure - CCP - CCP § 704.810
Levy on a homestead that is subject to a lien or encumbrance is not by itself grounds for acceleration of the obligation secured by the lien or encumbrance, notwithstanding any provision of the obligation, lien, or encumbrance and if the homestead is sold pursuant to court order
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Code of Civil Procedure - CCP - CCP § 704.820
Code of Civil Procedure - CCP - CCP § 704.820
If the dwelling is owned by the judgment debtor as a joint tenant or tenant in common or if the interest of the judgment debtor in the dwelling is a leasehold or other interest less than a fee interest: (a) At an execution sale of a dwelling, the interest of the judgment debtor i
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Code of Civil Procedure - CCP - CCP § 704.830
Code of Civil Procedure - CCP - CCP § 704.830
The provisions of Sections 703.590 and 703.600 apply to proceedings under this article.