Case Number: VC061137 Hearing Date: August 08, 2018 Dept: SEC

NATIONAL COLLEGIATE STUDENT LOAN TRUST v. PRADO

CASE NO.: VC061137

HEARING: 08/08/18

JUDGE: LORI ANN FOURNIER

#1

TENTATIVE ORDER

The hearing on Defendant’s claim of exemption is CONTINUED to Wednesday, August 22, 2018 at 1:30 p.m. in Dept. SE-C for Debtor to produce evidence of income. CCP § 703.580(c).

Plaintiff/Judgment Creditor to give Notice.

This action was filed by Plaintiff/Judgment Creditor on May 14, 2012. On October 25, 2012, judgment was entered for Judgment Creditor National Collegiate Student Loan Trust in the amount of $27,048.38. On June 3, 2016, Judgment Creditor filed a writ of execution for the total judgment.

Debtor filed a claim of exemption (enforcement of judgment) on grounds that he needs his money to survive. Debtor further argues that he was never served with the Summons and Complaint. Debtor explains, in his Declaration, that he lives with/helps his sick aunt and is unable to maintain a steady income “at this moment.” Debtor claims his gross monthly pay is $764.00 a month. Debtor states he, owns the following property: Chase checking account ($3,952.92), Chase savings account ($6,454.54), and a 2002 Volkswagen ($2,500) Debtor claims his monthly expenses amount to a total of $1,176.00. Debtor also claims that he owes the following debts: Peters Auto Repair ($1,490), IRS ($2,100), Discover ($3,500), and Capital One ($300).

In Opposition, Judgment Creditor argues that his indebtedness to Judgement Creditor should not be overlooked—Debtor makes $764/mo. and has the apparent ability to pay. Debtor refuses to pay his debt voluntarily, and no voluntary payment has ever been received from Debtor on this judgment. Lastly, Judgement Creditor argues that Debtor Prado has failed to provide evidence or cite to statutory authority to show that his wages are exempt for any reason. Judgment Creditor requests that this Court either deny Debtor’s claim of exemption; or enforce the earnings withholding order at the statutory rate (25% allowable by law per pay period for payment on account of this debt).

This matter is CONTINUED as indicated above. Debtor is ORDERED to produce evidence of his income on the continued hearing debt.