Case Name: Citibank v. Saneinej

Case No.: 1-09-CV-152287

On May 20, 2013, judgment by stipulation was entered in the amount of $14,313.87. Thereafter, judgment creditor levied on the savings account of judgment debtor. It appears that the Los Angeles County Sherriff is holding funds in the amount of $15,501.24.

Judgment debtor asserts that the funds are exempt to the extent necessary for the support of herself, her spouse and other dependents. She further claims that she is the sole support for nine other adults, apparently none of whom are employed. She states a net monthly income of $11,470 and monthly expenses of $21,335. Unless the expenses are substantially overstated, judgment debtor must have a source of income not disclosed.

A judgment debtor claiming exemption based on need must show, among other things, the amount and source of earnings of all dependents, as well as all assets and obligations of all dependents. Code of Civil Procedure section 703.530. The court must take into account all property of the judgment debtor’s spouse and dependents in evaluating a claim of exemption based on need, whether or not such property is subject to enforcement of the judgment. Code of Civil Procedure section 703.115. The judgment debtor has the burden of proof. Code of Civil Procedure section 703.580(b).

Judgment debtor has not provided any information about the property of the nine dependents other than her own property which may be community property of her spouse. She has not provided any information about the cars owned except for one number: $4,500. She identifies no personal property ownership but states only an illegible total, and lists real estate equity at $150,000.

Based on the minimal information provided to the court, there do appear to be assets not used for support and available to pay the judgment. Judgment debtor has not provided to the Court the information required by the Code of Civil Procedure, and has not met her burden to establish a claim of exemption. The claim is therefore denied, and the funds may be released to judgment creditor.