On September 30, 2022, Plaintiff
obtained a money judgment against Defendant Malik Ahmed (Judgment Debtor) in
the amount of $133,105.89.  On January 3,
2023, Plaintiff levied Well Fargo Bank in Van Nuys, California, with a writ of
execution. Funds in the amount of $39,097.11 were turned over to the Los
Angeles County Sheriff’s Department.  Judgment
Debtor served the Sheriff’s Department with a Claim of Exemption.  In support of the Claim, he included a
declaration that he resides in Maryland and that the funds at Wells Fargo were
loan proceeds, or “borrowed” funds.

Judgment Debtor claimed exemption
under CCP §§ 704.070, 706.050, and 704.220.  The first two, sections 704.070 and 706.050,
only apply to paid earnings or disposable earnings.  He does not set claim that the funds arose
from those sources.  He claims that the
funds a proceeds of a loan.  Section
704.220 is an exemption for money in the judgment debtor’s deposit account in
an amount equal to or less than the minimum basic standard of adequate care for
a family four for Region 1, established by Section 11452 of the Welfare and
Institutions Code.

The exemption claimant bears the
burden of proof at the hearing.  (See
CCP § 703.580(b); see also O’Brien v. AMBS Diagnostics, LLC (2016) 246 Cal.4th
942, 948.)  The court’s decision may be
based solely on the information in the claim of exemption and notice of
opposition (which are deemed to controvert each other); or the court may
continue the hearing for production of other oral or documentary evidence. (CCP
§ 703.580(c).)

Judgment Debtor’s claimed exemption
funds are not paid or disposable earnings.  He claimed that they were loan proceeds.  He has not provided adequate information justifying
any exemption.

The Claim of Exemption is DENIED.