2008-00018248-CL-CL

Lvnv Funding, LLC vs. Jearron R. Coffman

Nature of Proceeding: Notice of Hearing on Claim of Exemption

Filed By: Su, Nancy Q.

On motion of the court, this matter is continued to 4/16/2018 at 09:00AM in this department.

This is a bank levy. Judgment Debtor asserts the funds in her account are 75% exempt as “paid earnings” under CCP § 704.070. However, she has failed to produce evidence showing that the funds in the account consist of such earnings. (See CCP § 703.080 [burden is on debtor to trace paid earnings into her account].)

No later than 4/10/18, Judgment Debtor may file with the court and serve on Judgment Creditor evidence that the levied account contains unpaid earnings.

Judgment Debtor also cites 15 USC § 1673(a), but the exemption for “disposable earnings” under that subdivision applies to wage garnishments, not bank levies. (See Sourcecorp, Inc. v. Shill (2012) 206 Cal.App.4th 1054, 1058.)

Judgment Creditor shall serve Judgment Debtor with a copy of this ruling forthwith and file proof of service promptly.