2010-00077794-CL-CL

Capital One Bank vs. Maria L. Saldana

Nature of Proceeding: Notice of Hearing on Claim of Exemption

Filed By: Hunt, Michael S.

The Claim of Exemption on a Bank Levy is GRANTED in part as set forth below.

This claim of exemption was continued by the Court to today’s date from March 14,
2014, to permit the Judgment Debtor to file a declaration under penalty of perjury with
supporting documentation (bank statements and wage stubs), that show that the
amounts in the bank account are exempt. The Court has received and considered the
further Declaration filed on March 21, 2014, attaching Judgment Debtors bank records
for November and December 2013.

The exemption claimant has the burden of tracing an exempt fund. C.C.P., sec.
703.080. An exemption under C.C.P., sec. 704.070 (b) for paid earnings that can be
traced into deposit accounts or in the form of cash or its equivalent as provided in
Section 703.080 are exempt in the following amounts: . . . (2) Seventy-five percent of
the paid earnings that are levied upon or otherwise sought to be subjected to the
enforcement of a money judgment are exempt if prior to payment to the employee they
were not subject to an earnings withholding order or an earnings assignment order for
support.

The Judgment Creditor to permitted to levy upon 25% of debtor’s paid earnings for the
30 days prior to the bank levy (Dec. 27, 2013). Plaintiff’s paid income in that period
totals $2,523.35, thus 25% of debtor’s earnings for that period is $631.

However, as debtor is responsible for the support of her 18 year old daughter, and is

currently unemployed the bank levy shall be limited to the sum of $350.00. All
remaining funds in the possession of the levying officer shall be forthwith returned to
judgment debtor.