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.
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