Judge: Deirdre Hill, Case: YC065349, Date: 2023-03-22 Tentative Ruling

Case Number: YC065349    Hearing Date: March 22, 2023    Dept: M

Hearing Date:                         March 22, 2023

Moving Parties:                      Defendant and judgment debtor Charmaine Diane Pierson

Responding Party:                  Plaintiff and judgment creditor State Farm Mutual Automobile Ins. Co.

Claim of Exemption

            The court considered the claim of exemption and opposition.

RULING

The claim of exemption is GRANTED, in part.  $175 per pay period or $300 per month is to be garnished from defendant/judgment creditor’s wages.

Pursuant to CCP §703.580(e), the court clerk shall promptly transmit a certified copy of the order to the levying officer.  Any funds held by levying officer are ordered released to judgment creditor to apply to the satisfaction of the money judgment.

BACKGROUND

            On August 15, 2011, plaintiff State Farm Mutual Automobile Ins. Co. filed as complaint against Charmaine Diane Pierson. 

            On November 14, 2011, a default was entered against defendant.

            On February 17, 2022, a default judgment was entered against defendant.

            On December 21, 2021, plaintiff and judgment creditor filed an application for and renewal of judgment in the amount of $58,301.29.

            On September 16, 2022, a writ of execution issued for $62,563.47.

DISCUSSION

Judgment debtor/claimant Charmaine Diane Pierson requests an exemption as to her wages.

The claimant has the burden of proof to establish the exemption at the hearing.  CCP §703.580(b). 

In general, a creditor is allowed to withhold 25 percent of the debtor’s net income.  CCP §706.050(a). 

Claimant provided a financial statement stating that her total monthly income is $3,465. She states her gross monthly pay is $5,160, with deductions of $497 for federal and state withholding, $161 for union life insurance/dues, $440 for Olive View Credit Union loan payments, and $594 for LACERA Horizon retirement, with a total payroll deduction of $1,694.

Claimant states that her monthly expenses include:  $2,000 rent/house payment, $300 food and household supplies, $300 utilities and telephone, $150 clothing, $100 insurance, $200 school/child care (private school tuition), $400 transportation and auto expenses, $150 laundry and cleaning, and $60 entertainment, for a total of $3660 monthly expenses.  She claims that her two dependents are her son who is age 22 and her daughter who is age 16.

In opposition, plaintiff notes that defendant is claiming a 22 year old as a dependent, $594 for retirement, and an earnings withholding order of $100 and that defendant has not provided any back-up or supporting documentation to support her claim of exemption.  Plaintiff requests $175 each pay period (or $300 per month), or whatever the court deems fair and reasonable.

            The claim of exemption is GRANTED, in part.  The creditor can levy $175 each pay period (or $300 per month).

Judgment creditor is ordered to give notice of this ruling.