• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

claim of exemption hearing

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

coodove

Junior Member
What is the name of your state (only U.S. law)? california

I went to the claim of exemption hearing yesterday and the judge granted the exemption based on my proof of income. He told me to pick up a paper at the clerk's office. When I went there they did not know anything about it. Do I need any kind of paper work from the court or will they notify the plaintiff? I can't seem to find any information on line about any of this procedure.
 


Chien

Senior Member
It’s the Sheriff’s Office that has to get notice of the Court’s Order, and that should happen directly between the Court and the Sheriff. I would speculate that you were sent to the clerk’s office to get a “conformed” (stamped) copy of the Order and that it wasn’t there because the file was still in the courtroom.

The Sheriff receives and releases garnished funds. Check with the Sheriff’s office handling the garnishment to ensure that it has received the Order granting exemption. The office is identified on the garnishment paperwork, but it probably is within the the same Court where judgment was entered. If the garnishment application was sent to another office for service, the judgment Court’s office can tell you. They’re all linked by computer. Use the case number for reference.
-----------------------------------------------------------------------------
It's the responsibility of the Sheriff to give notice to the creditor. (Sorry to have overlooked that part.)
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top