Enforcement of judgments: exemptions.
Summary
Existing law identifies various types of property of a judgment debtor that are exempt from the enforcement of a money judgment. Existing law provides that property described in statute as exempt may be claimed within the time and in the manner prescribed in the applicable enforcement procedure, and property described in statute as exempt without making a claim is not subject to any procedure for enforcement of a money judgment. These general exemptions are available to a debtor in a federal bankruptcy case, whether a money judgment is being enforced by execution sale or other procedure, unless the debtor elects certain alternative exemptions that are applicable only in the bankruptcy case. Existing law requires the Judicial Council to, every 3 years, adjust the amount of the exemptions applicable to exempt property based on the change in the annual California Consumer Price Index for All Urban Consumers. Existing law, the Golden State Scholarshare Trust Act, establishes the Golden State Scholarshare College Savings Trust for the purpose of administering funds contributed by participants as a means of paying for postsecondary education costs. This bill would increase the statutory amounts of various exemptions to reflect the amounts of the exemptions as adjusted by the Judicial Council effective April 1, 2019. The bill would provide that money held in an account owned by the judgment debtor and established pursuant to the Golden State Scholarshare Trust Act is exempt for the purposes described above, subject to specified limits.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2020
Committee Review
Aug 2020
Senate Passage
Jun 2020
Assembly Passage
Aug 2020
Signed into Law
Sep 2020
Introduced Jan 30, 2020
Signed Sep 11, 2020
Floor votes · Senate Jun 11, 2020 · Assembly Aug 25, 2020
How they voted
34–2
Passed · 2 other
Total votes 38
Jun 11, 2020
D
Democratic28
96% Yea
R
Republican10
70% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
23
Key actions
8
Committee
6
Amendments
2
Sep 11, 2020
Signed into law
Approved by the Governor.
legislature
Aug 27, 2020
Upper · Passed
Assembly amendments concurred in. (Ayes 29. Noes 0. Page 4350.) Ordered to engrossing and enrolling.
upper
Aug 25, 2020
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 25, 2020
Lower · Passed
Read third time. Passed. (Ayes 74. Noes 0. Page 5199.) Ordered to the Senate.
lower
Aug 12, 2020
Lower · Passed
From committee: Do pass. (Ayes 11. Noes 0.) (August 12).
lower
Jul 27, 2020
Lower · Passed
July 30 hearing postponed by committee.
lower
Jul 9, 2020
Lower · Passed
July 22 hearing postponed by committee.
lower
Jun 18, 2020
Committee
Referred to Com. on JUD.
lower
Jun 11, 2020
Upper · Passed
Read third time. Passed. (Ayes 35. Noes 2. Page 3676.) Ordered to the Assembly.
upper
May 22, 2020
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 3582.) (May 22). Re-referred to Com. on APPR.
upper
Feb 12, 2020
Committee
Referred to Coms. on JUD. and APPR.
upper
Jan 30, 2020
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Bob Wieckowski
DDemocratic
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