Law Religion Culture Review

Exploring the intersections of law, religion and culture. Copyright by Richard J. Radcliffe. All rights reserved.

Monday, August 01, 2005

Hoisted on His Own Petard.

Last year, I tried a business litigation case and secured a six figure judgment for my client.

This year, we found the judgment debtor's bank account and attached about $20,000.

Recently, the judgment debtor filed a claim of exemption. California law provides a series of exemptions of certain assets, including 75% of "wages" that find their way into a debtor's bank account.

In this case, the defendant claimed that the bank account was exempt. Hence, he wanted the court to order that all but 75% of it be returned.

At the oral argument last week, I noted that defendant declared under penalty of perjury that this account had only $12. The court held the defendant to his earlier representation and exempted 75% of $12, which is $9.

Good thing the judgment debtor paid his attorney hundreds (if not thousands) of dollars in fees to prepare and argue the claim of exemption.

He saved $9.