STATE EXEMPTIONS (work in progress)

Methuss · January 23, 2006

OK I'm going to start this thread off with Illinois Exemptions. For those not in the legal realm these are the limits the State puts on collections...what a collector or judgment holder CANNOT touch:

Personal Property Exemptions

For each family member, necessary clothing, a Bible, school books, and family pictures

$4,000 worth of property, including money in a bank account <--This is a biggie as it stops account freezes.

One motor vehicle in which your interest does not exceed $2,400

$1,500 worth of implements, professional books or tools of your trade

Health aids prescribed by a physician

Money from the sale of exempt property. HOWEVER, the property is not exempt if you purchase property with the intent of converting non-exempt property into exempt property or with the intent to defraud creditors.

Homestead Exemption

$15,000 of equity in a house, mobile home, condominium, building or lot of land occupied as a residence by the debtor is exempt. Each couple who jointly owns a home would have a $30,000 homestead exemption since each could exempt $15,000.

Income Exemption

Public Aid and General Assistance:

**Aid to the Aged, Blind or Disabled (AABD)

**Aid to Families with Dependent Children (TANF)

**General Assistance (GA)

**Social Security

**Supplemental Security Income

Veteran's Administration Benefits:

**All V.A. benefits are exempt, except benefits subject to specific claims by the United States government.

Worker's Compensation

Black Lung Benefits

Unemployment Compensation

Alimony, Support and Maintenance:

**Alimony, support, and maintenance are exempt to the extent they are reasonably necessary for your support and the support of your dependents.

Pension:

**With some exceptions, pensions are exempt to the extent they are reasonably necessary for your support and the support of your dependents

Crime Victim’s Award payments

Wrongful Death Award or Life Insurance payments of a person on whom you are dependent to the extent reasonably necessary for your support

Payment of up to $7,500 for personal injury to you or your dependent.

At Least 85% of Gross Weekly Wages

**Your wages cannot be garnished unless your take home pay after taxes is more than $292.50 per week (45 times the minimum wage). If your take home pay is more than $292.50, the most that can be garnished is 15% of your weekly gross pay.

If you've found Exemption lists for your State and it's not listed here, feel free to add it.

chincheck · January 23, 2006

CALIFORNIA EXEMPTIONS

Link:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=704.010-704.210

CODE OF CIVIL PROCEDURE

SECTION 704.010-704.210

704.010. (a) Any combination of the following is exempt in the

amount of two thousand three hundred dollars ($2,300):

(1) The aggregate equity in motor vehicles.

(2) The proceeds of an execution sale of a motor vehicle.

(3) The proceeds of insurance or other indemnification for the

loss, damage, or destruction of a motor vehicle.

( Proceeds exempt under subdivision (a) are exempt for a period

of 90 days after the time the proceeds are actually received by the

judgment debtor.

value of a motor vehicle shall be determined by reference to used car

price guides customarily used by California automobile dealers

unless the motor vehicle is not listed in such price guides.

(d) If the judgment debtor has only one motor vehicle and it is

sold at an execution sale, the proceeds of the execution sale are

exempt in the amount of two thousand three hundred dollars ($2,300)

without making a claim. The levying officer shall consult and may

rely upon the records of the Department of Motor Vehicles in

determining whether the judgment debtor has only one motor vehicle.

In the case covered by this subdivision, the exemption provided by

subdivision (a) is not available.

704.020. (a) Household furnishings, appliances, provisions, wearing

apparel, and other personal effects are exempt in the following

cases:

(1) If ordinarily and reasonably necessary to, and personally used

or procured for use by, the judgment debtor and members of the

judgment debtor's family at the judgment debtor's principal place of

residence.

(2) Where the judgment debtor and the judgment debtor's spouse

live separate and apart, if ordinarily and reasonably necessary to,

and personally used or procured for use by, the spouse and members of

the spouse's family at the spouse's principal place of residence.

( In determining whether an item of property is "ordinarily and

reasonably necessary" under subdivision (a), the court shall take

into account both of the following:

(1) The extent to which the particular type of item is ordinarily

found in a household.

(2) Whether the particular item has extraordinary value as

compared to the value of items of the same type found in other

households.

pursuant to this section is an item of the type ordinarily found in

a household but is determined not to be exempt because the item has

extraordinary value as compared to the value of items of the same

type found in other households, the proceeds obtained at an execution

sale of the item are exempt in the amount determined by the court

to be a reasonable amount sufficient to purchase a replacement of

ordinary value if the court determines that a replacement is

reasonably necessary. Proceeds exempt under this subdivision are

exempt for a period of 90 days after the proceeds are actually

received by the judgment debtor.

704.030. Material that in good faith is about to be applied to the

repair or improvement of a residence is exempt if the equity in the

material does not exceed two thousand four hundred twenty-five

dollars ($2,425) in the following cases:

(a) If purchased in good faith for use in the repair or

improvement of the judgment debtor's principal place of residence.

( Where the judgment debtor and the judgment debtor's spouse

live separate and apart, if purchased in good faith for use in the

repair or improvement of the spouse's principal place of residence.

704.040. Jewelry, heirlooms, and works of art are exempt to the

extent that the aggregate equity therein does not exceed six thousand

seventy-five dollars ($6,075).

704.050. Health aids reasonably necessary to enable the judgment

debtor or the spouse or a dependent of the judgment debtor to work or

sustain health, and prosthetic and orthopedic appliances, are

exempt.

704.060. (a) Tools, implements, instruments, materials, uniforms,

furnishings, books, equipment, one commercial motor vehicle, one

vessel, and other personal property are exempt to the extent that the

aggregate equity therein does not exceed:

(1) Six thousand seventy-five dollars $6,075), if reasonably

necessary to and actually used by the judgment debtor in the exercise

of the trade, business, or profession by which the judgment debtor

earns a livelihood.

(2) Six thousand seventy-five dollars ($6,075), if reasonably

necessary to and actually used by the spouse of the judgment debtor

in the exercise of the trade, business, or profession by which the

spouse earns a livelihood.

(3) Twice the amount of the exemption provided in paragraph (1),

if reasonably necessary to and actually used by the judgment debtor

and by the spouse of the judgment debtor in the exercise of the same

trade, business, or profession by which both earn a livelihood. In

the case covered by this paragraph, the exemptions provided in

paragraphs (1) and (2) are not available.

( If property described in subdivision (a) is sold at an

execution sale, or if it has been lost, damaged, or destroyed, the

proceeds of the execution sale or of insurance or other

indemnification are exempt for a period of 90 days after the proceeds

are actually received by the judgment debtor or the judgment debtor'

s spouse. The amount exempt under this subdivision is the amount

specified in subdivision (a) that applies to the particular case less

the aggregate equity of any other property to which the exemption

provided by subdivision (a) for the particular case has been applied.

under subdivision (a) if there is a motor vehicle exempt under

Section 704.010 which is reasonably adequate for use in the trade,

business, or profession for which the exemption is claimed under this

section.

(d) Notwithstanding subdivisions (a) and (:

(1) The amount of the exemption for a commercial motor vehicle

under paragraph (1) or (2) of subdivision (a) is limited to four

thousand eight hundred fifty dollars ($4,850).

(2) The amount of the exemption for a commercial motor vehicle

under paragraph (3) of subdivision (a) is limited to twice the amount

of the exemption provided in paragraph (1) of this subdivision.

704.070. (a) As used in this section:

(1) "Earnings withholding order" means an earnings withholding

order under Chapter 5 (commencing with Section 706.010) (Wage

Garnishment Law).

(2) "Paid earnings" means earnings as defined in Section 706.011

that were paid to the employee during the 30-day period ending on the

date of the levy. For the purposes of this paragraph, where

earnings that have been paid to the employee are sought to be

subjected to the enforcement of a money judgment other than by a

levy, the date of levy is deemed to be the date the earnings were

otherwise subjected to the enforcement of the judgment.

(3) "Earnings assignment order for support" means an earnings

assignment order for support as defined in Section 706.011.

( Paid earnings that can be traced into deposit accounts or in

the form of cash or its equivalent as provided in Section 703.080 are

exempt in the following amounts:

(1) All of the paid earnings are exempt if prior to payment to the

employee they were subject to an earnings withholding order or an

earnings assignment order for support.

(2) Seventy-five percent of the paid earnings that are levied upon

or otherwise sought to be subjected to the enforcement of a money

judgment are exempt if prior to payment to the employee they were not

subject to an earnings withholding order or an earnings assignment

order for support.

704.080. (a) For the purposes of this section:

(1) "Deposit account" means a deposit account in which payments of

public benefits or social security benefits are directly deposited

by the government or its agent.

(2) "Social security benefits" means payments authorized by the

Social Security Administration for regular retirement and survivors'

benefits, supplemental security income benefits, coal miners' health

benefits, and disability insurance benefits. "Public benefits" means

aid payments authorized pursuant to subdivision (a) of Section 11450

of the Welfare and Institutions Code, payments for supportive

services as described in Section 11323.2 of the Welfare and

Institutions Code, and general assistance payments made pursuant to

Section 17000.5 of the Welfare and Institutions Code.

( A deposit account is exempt without making a claim in the

following amount:

(1) One thousand two hundred twenty-five dollars ($1,225) where

one depositor is the designated payee of the directly deposited

public benefits payments.

(2) Two thousand four hundred twenty-five dollars ($2,425) where

one depositor is the designated payee of directly deposited social

security payments.

(3) One thousand eight hundred twenty-five dollars ($1,825) where

two or more depositors are the designated payees of the directly

deposited public benefits payments, unless those depositors are joint

payees of directly deposited payments that represent a benefit to

only one of the depositors, in which case the exemption under

paragraph (1) applies.

(4) Three thousand six hundred fifty dollars ($3,650) where two or

more depositors are the designated payees of directly deposited

social security payments, unless those depositors are joint payees of

directly deposited payments that represent a benefit to only one of

the depositors, in which case the exemption under paragraph (2)

applies.

provided in subdivision ( is exempt to the extent that it consists

of payments of public benefits or social security benefits.

(d) Notwithstanding Article 5 (commencing with Section 701.010) of

Chapter 3, when a deposit account is levied upon or otherwise sought

to be subjected to the enforcement of a money judgment, the

financial institution that holds the deposit account shall either

place the amount that exceeds the exemption provided in subdivision

( in a suspense account or otherwise prohibit withdrawal of that

amount pending notification of the failure of the judgment creditor

to file the affidavit required by this section or the judicial

determination of the exempt status of the amount. Within 10 business

days after the levy, the financial institution shall provide the

levying officer with a written notice stating (1) that the deposit

account is one in which payments of public benefits or social

security benefits are directly deposited by the government or its

agent and (2) the balance of the deposit account that exceeds the

exemption provided by subdivision (. Promptly upon receipt of the

notice, the levying officer shall serve the notice on the judgment

creditor. Service shall be made personally or by mail.

(e) Notwithstanding the procedure prescribed in Article 2

(commencing with Section 703.510), whether there is an amount exempt

under subdivision © shall be determined as follows:

(1) Within five days after the levying officer serves the notice

on the judgment creditor under subdivision (d), a judgment creditor

who desires to claim that the amount is not exempt shall file with

the court an affidavit alleging that the amount is not exempt and

file a copy with the levying officer. The affidavit shall be in the

form of the notice of opposition provided by Section 703.560, and a

hearing shall be set and held, and notice given, as provided by

Sections 703.570 and 703.580. For the purpose of this subdivision,

the "notice of opposition to the claim of exemption" in Sections

703.570 and 703.580 means the affidavit under this subdivision.

(2) If the judgment creditor does not file the affidavit with the

levying officer and give notice of hearing pursuant to Section

703.570 within the time provided in paragraph (1), the levying

officer shall release the deposit account and shall notify the

financial institution.

(3) The affidavit constitutes the pleading of the judgment

creditor, subject to the power of the court to permit amendments in

the interest of justice. The affidavit is deemed controverted and no

counteraffidavit is required.

(4) At a hearing under this subdivision, the judgment debtor has

the burden of proving that the excess amount is exempt.

(5) At the conclusion of the hearing, the court by order shall

determine whether or not the amount of the deposit account is exempt

pursuant to subdivision © in whole or in part and shall make an

appropriate order for its prompt disposition. No findings are

required in a proceeding under this subdivision.

(6) Upon determining the exemption claim for the deposit account

under subdivision ©, the court shall immediately transmit a

certified copy of the order of the court to the financial institution

and to the levying officer. If the order determines that all or

part of the excess is exempt under subdivision ©, with respect to

the amount of the excess which is exempt, the financial institution

shall transfer the exempt excess from the suspense account or

otherwise release any restrictions on its withdrawal by the judgment

debtor. The transfer or release shall be effected within three

business days of the receipt of the certified copy of the court order

by the financial institution.

(f) If the judgment debtor claims that a portion of the amount is

exempt other than pursuant to subdivision ©, the claim of exemption

shall be made pursuant to Article 2 (commencing with Section

703.510). If the judgment debtor also opposes the judgment creditor'

s affidavit regarding an amount exempt pursuant to subdivision ©,

both exemptions shall be determined at the same hearing, provided the

judgment debtor has complied with Article 2 (commencing with Section

703.510).

704.090. (a) The funds of a judgment debtor confined in a prison or

facility under the jurisdiction of the Department of Corrections or

the Department of the Youth Authority or confined in any county or

city jail, road camp, industrial farm, or other local correctional

facility, held in trust for or to the credit of the judgment debtor,

in an inmate's trust account or similar account by the state, county,

or city, or any agency thereof, are exempt without making a claim in

the amount of one thousand two hundred twenty-five dollars ($1,225).

If the judgment debtor is married, each spouse is entitled to a

separate exemption under this section or the spouses may combine

their exemptions.

( Notwithstanding subdivision (a), if the judgment is for a

restitution fine or order imposed pursuant to subdivision (a) of

Section 13967 of the Government Code, as operative on or before

September 28, 1994, or Section 1203.04 of the Penal Code, as

operative on or before August 2, 1995, or Section 1202.4 of the Penal

Code, the funds held in trust for, or to the credit of, a judgment

debtor described in subdivision (a) are exempt in the amount of three

hundred dollars ($300) without making a claim. The exemption

provided in this subdivision is not subject to adjustment under

Section 703.150.

704.100. (a) Unmatured life insurance policies (including endowment

and annuity policies), but not the loan value of such policies, are

exempt without making a claim.

( The aggregate loan value of unmatured life insurance policies

(including endowment and annuity policies) is subject to the

enforcement of a money judgment but is exempt in the amount of nine

thousand seven hundred dollars ($9,700). If the judgment debtor is

married, each spouse is entitled to a separate exemption under this

subdivision, and the exemptions of the spouses may be combined,

regardless of whether the policies belong to either or both spouses

and regardless of whether the spouse of the judgment debtor is also a

judgment debtor under the judgment. The exemption provided by this

subdivision shall be first applied to policies other than the policy

before the court and then, if the exemption is not exhausted, to the

policy before the court.

endowment and annuity policies) are exempt to the extent reasonably

necessary for the support of the judgment debtor and the spouse and

dependents of the judgment debtor.

704.110. (a) As used in this section:

(1) "Public entity" means the state, or a city, city and county,

county, or other political subdivision of the state, or a public

trust, public corporation, or public board, or the governing body of

any of them, but does not include the United States except where

expressly so provided.

(2) "Public retirement benefit" means a pension or an annuity, or

a retirement, disability, death, or other benefit, paid or payable by

a public retirement system.

(3) "Public retirement system" means a system established pursuant

to statute by a public entity for retirement, annuity, or pension

purposes or payment of disability or death benefits.

( All amounts held, controlled, or in process of distribution by

a public entity derived from contributions by the public entity or

by an officer or employee of the public entity for public retirement

benefit purposes, and all rights and benefits accrued or accruing to

any person under a public retirement system, are exempt without

making a claim.

subdivision ( becomes payable to a person and is sought to be

applied to the satisfaction of a judgment for child, family, or

spousal support against that person:

(1) Except as provided in paragraphs (2) and (3), the amount is

exempt only to the extent that the court determines under subdivision

(2) If the amount sought to be applied to the satisfaction of the

judgment is payable periodically, the amount payable is subject to an

earnings assignment order for support as defined in Section 706.011,

or any other applicable enforcement procedure, but the amount to be

withheld pursuant to the assignment order or other procedure shall

not exceed the amount permitted to be withheld on an earnings

withholding order for support under Section 706.052. The paying

entity may deduct from the payment being made to the judgment debtor,

for each payment made pursuant to an earnings assignment order under

this paragraph, an amount reflecting the actual cost of

administration caused by the assignment order of up to two dollars

($2) for each payment.

(3) If the intercept procedure provided for in Section 11357 of

the Welfare and Institutions Code is used for benefits that are

payable periodically, the amount to be withheld shall not exceed the

amount permitted to be withheld on an earnings withholding order for

support under Section 706.052.

(4) If the amount sought to be applied to the satisfaction of the

judgment is payable as a lump-sum distribution, the amount payable is

subject to the intercept procedure provided in Section 11357 of the

Welfare and Institutions Code or any other applicable enforcement

procedure.

(d) All amounts received by any person, a resident of the state,

as a public retirement benefit or as a return of contributions and

interest thereon from the United States or a public entity or from a

public retirement system are exempt.

704.113. (a) As used in this section, "vacation credits" means

vacation credits accumulated by a state employee pursuant to Section

18050 of the Government Code or by any other public employee pursuant

to any law for the accumulation of vacation credits applicable to

the employee.

( All vacation credits are exempt without making a claim.

vacation credits are subject to any earnings withholding order served

under Chapter 5 (commencing with Section 706.010) or any earnings

assignment order for support as defined in Section 706.011 and are

exempt to the same extent as earnings of a judgment debtor.

704.114. (a) Notwithstanding any other provision of law, service of

an earnings assignment order for support, or an order or notice to

withhold income for child support on any public entity described in

Section 704.110, other than the United States government, creates a

lien on all employee contributions in the amount necessary to satisfy

a support judgment as determined under Section 695.210 to the extent

that the judgment remains enforceable.

( The public entity shall comply with any request for a return

of employee contributions by an employee named in the order or notice

to withhold by delivering the contributions to the clerk of the

court in which the support order was awarded or last registered,

unless the entity has received a certified copy of an order or

administrative notice terminating the earnings assignment order for

support.

the court, within 10 days, shall send written notice of the receipt

of the deposit to the parties and to the local child support agency

enforcing any order pursuant to Section 17400 of the Family Code.

(d) Moneys received pursuant to this section are subject to any

procedure available to enforce an order for support, but if no

enforcement procedure is commenced after 30 days have elapsed from

the date the notice of receipt is sent, the clerk shall, upon

request, return the moneys to the public entity that delivered the

moneys to the court unless the public entity has informed the court

in writing that the moneys shall be released to the employee.

(e) A court shall not directly or indirectly condition the

issuance, modification, or termination of, or condition the terms or

conditions of, any order for support upon the making of a request for

the return of employee contributions by an employee.

704.115. (a) As used in this section, "private retirement plan"

means:

(1) Private retirement plans, including, but not limited to, union

retirement plans.

(2) Profit-sharing plans designed and used for retirement

purposes.

(3) Self-employed retirement plans and individual retirement

annuities or accounts provided for in the Internal Revenue Code of

1986, as amended, including individual retirement accounts qualified

under Section 408 or 408A of that code, to the extent the amounts

held in the plans, annuities, or accounts do not exceed the maximum

amounts exempt from federal income taxation under that code.

( All amounts held, controlled, or in process of distribution by

a private retirement plan, for the payment of benefits as an

annuity, pension, retirement allowance, disability payment, or death

benefit from a private retirement plan are exempt.

subdivision ( becomes payable to a person and is sought to be

applied to the satisfaction of a judgment for child, family, or

spousal support against that person:

(1) Except as provided in paragraph (2), the amount is exempt only

to the extent that the court determines under subdivision © of

Section 703.070.

(2) If the amount sought to be applied to the satisfaction of the

judgment is payable periodically, the amount payable is subject to an

earnings assignment order for support as defined in Section 706.011

or any other applicable enforcement procedure, but the amount to be

withheld pursuant to the assignment order or other procedure shall

not exceed the amount permitted to be withheld on an earnings

withholding order for support under Section 706.052.

(d) After payment, the amounts described in subdivision ( and

all contributions and interest thereon returned to any member of a

private retirement plan are exempt.

(e) Notwithstanding subdivisions ( and (d), except as provided

in subdivision (f), the amounts described in paragraph (3) of

subdivision (a) are exempt only to the extent necessary to provide

for the support of the judgment debtor when the judgment debtor

retires and for the support of the spouse and dependents of the

judgment debtor, taking into account all resources that are likely to

be available for the support of the judgment debtor when the

judgment debtor retires. In determining the amount to be exempt

under this subdivision, the court shall allow the judgment debtor

such additional amount as is necessary to pay any federal and state

income taxes payable as a result of the applying of an amount

described in paragraph (3) of subdivision (a) to the satisfaction of

the money judgment.

(f) Where the amounts described in paragraph (3) of subdivision

(a) are payable periodically, the amount of the periodic payment that

may be applied to the satisfaction of a money judgment is the amount

that may be withheld from a like amount of earnings under Chapter 5

(commencing with Section 706.010) (Wage Garnishment Law). To the

extent a lump-sum distribution from an individual retirement account

is treated differently from a periodic distribution under this

subdivision, any lump-sum distribution from an account qualified

under Section 408A of the Internal Revenue Code shall be treated the

same as a lump-sum distribution from an account qualified under

Section 408 of the Internal Revenue Code for purposes of determining

whether any of that payment may be applied to the satisfaction of a

money judgment.

704.120. (a) Contributions by workers payable to the Unemployment

Compensation Disability Fund and by employers payable to the

Unemployment Fund are exempt without making a claim.

( Before payment, amounts held for payment of the following

benefits are exempt without making a claim:

(1) Benefits payable under Division 1 (commencing with Section

100) of the Unemployment Insurance Code.

(2) Incentives payable under Division 2 (commencing with Section

5000) of the Unemployment Insurance Code.

(3) Benefits payable under an employer's plan or system to

supplement unemployment compensation benefits of the employees

generally or for a class or group of employees.

(4) Unemployment benefits payable by a fraternal organization to

its bona fide members.

(5) Benefits payable by a union due to a labor dispute.

exempt.

(d) During the payment of benefits described in paragraph (1) of

subdivision ( to a judgment debtor under a support judgment, the

judgment creditor may, through the appropriate local child support

agency, seek to apply the benefit payment to satisfy the judgment as

provided by Section 17518 of the Family Code.

(e) During the payment of benefits described in paragraphs (2) to

(5), inclusive, of subdivision ( to a judgment debtor under a

support judgment, the judgment creditor may, directly or through the

appropriate local child support agency, seek to apply the benefit

payments to satisfy the judgment by an earnings assignment order for

support as defined in Section 706.011 or any other applicable

enforcement procedure. If the benefit is payable periodically, the

amount to be withheld pursuant to the assignment order or other

procedure shall be 25 percent of the amount of each periodic payment

or any lower amount specified in writing by the judgment creditor or

court order, rounded down to the nearest whole dollar. Otherwise the

amount to be withheld shall be the amount the court determines under

from each payment made pursuant to an assignment order under this

subdivision an amount reflecting the actual cost of administration

caused by the assignment order up to two dollars ($2) for each

payment.

704.130. (a) Before payment, benefits from a disability or health

insurance policy or program are exempt without making a claim. After

payment, the benefits are exempt.

( Subdivision (a) does not apply to benefits that are paid or

payable to cover the cost of health care if the judgment creditor is

a provider of health care whose claim is the basis on which the

benefits are paid or payable.

subdivision (a) to a judgment debtor under a support judgment, the

judgment creditor or local child support agency may seek to apply the

benefit payments to satisfy the judgment by an earnings assignment

order for support, as defined in Section 706.011, or any other

applicable enforcement procedure, but the amount to be withheld

pursuant to the earnings assignment order or other procedure shall

not exceed the amount permitted to be withheld on an earnings

assignment order for support under Section 706.052.

704.140. (a) Except as provided in Article 5 (commencing with

Section 708.410) of Chapter 6, a cause of action for personal injury

is exempt without making a claim.

damages or a settlement arising out of personal injury is exempt to

the extent necessary for the support of the judgment debtor and the

spouse and dependents of the judgment debtor.

provider of health care whose claim is based on the providing of

health care for the personal injury for which the award or settlement

was made.

(d) Where an award of damages or a settlement arising out of

personal injury is payable periodically, the amount of such periodic

payment that may be applied to the satisfaction of a money judgment

is the amount that may be withheld from a like amount of earnings

under Chapter 5 (commencing with Section 706.010) (Wage Garnishment

Law).

704.150. (a) Except as provided in Article 5 (commencing with

Section 708.410) of Chapter 6, a cause of action for wrongful death

is exempt without making a claim.

a settlement arising out of the wrongful death of the judgment debtor'

s spouse or a person on whom the judgment debtor or the judgment

debtor's spouse was dependent is exempt to the extent reasonably

necessary for support of the judgment debtor and the spouse and

dependents of the judgment debtor.

wrongful death of the judgment debtor's spouse or a person on whom

the judgment debtor or the judgment debtor's spouse was dependent is

payable periodically, the amount of such a periodic payment that may

be applied to the satisfaction of a money judgment is the amount that

may be withheld from a like amount of earnings under Chapter 5

(commencing with Section 706.010) (Wage Garnishment Law).

704.160. (a) Except as provided by Chapter 1 (commencing with

Section 4900) of Part 3 of Division 4 of the Labor Code, before

payment, a claim for workers' compensation or workers' compensation

awarded or adjudged is exempt without making a claim. Except as

specified in subdivision (, after payment, the award is exempt.

( Notwithstanding any other provision of law, during the payment

of workers' compensation temporary disability benefits described in

subdivision (a) to a support judgment debtor, the support judgment

creditor may, through the appropriate local child support agency,

seek to apply the workers' compensation temporary disability benefit

payment to satisfy the support judgment as provided by Section 17404

of the Family Code.

of workers' compensation temporary disability benefits described in

subdivision (a) to a support judgment debtor under a support

judgment, including a judgment for reimbursement of public

assistance, the judgment creditor may, directly or through the

appropriate local child support agency, seek to apply the temporary

disability benefit payments to satisfy the support judgment by an

earnings assignment order for support, as defined in Section 5208 of

the Family Code, or any other applicable enforcement procedure. The

amount to be withheld pursuant to the earnings assignment order for

support or other enforcement procedure shall be 25 percent of the

amount of each periodic payment or any lower amount specified in

writing by the judgment creditor or court order, rounded down to the

nearest dollar. Otherwise, the amount to be withheld shall be the

The paying entity may deduct from each payment made pursuant to an

order assigning earnings under this subdivision an amount reflecting

the actual cost of administration of this assignment, up to two

dollars ($2) for each payment.

(d) Unless the provision or context otherwise requires, the

following definitions govern the construction of this section.

(1) "Judgment debtor" or "support judgment debtor" means a person

who is owing a duty of support.

(2) "Judgment creditor" or "support judgment creditor" means the

person to whom support has been ordered to be paid.

(3) "Support" refers to an obligation owing on behalf of a child,

spouse, or family; or an amount owing pursuant to Section 17402 of

the Family Code. It also includes past due support or arrearage when

it exists.

704.170. Before payment, aid provided pursuant to Division 9

(commencing with Section 10000) of the Welfare and Institutions Code

or similar aid provided by a charitable organization or a fraternal

benefit society as defined in Section 10990 of the Insurance Code, is

exempt without making a claim. After payment, the aid is exempt.

704.180. Before payment, relocation benefits for displacement from

a dwelling which are to be paid pursuant to Chapter 16 (commencing

with Section 7260) of Division 7 of Title 1 of the Government Code or

the federal "Uniform Relocation Assistance and Real Property

Acquisition Policies Act of 1970" (42 U.S.C. Sec. 4601 et seq.), as

amended, are exempt without making a claim. After payment, the

benefits are exempt.

704.190. (a) As used in this section, "institution of higher

education" means "institution of higher education" as defined in

Section 1141(a) of Title 20 of the United States Code, as amended.

( Before payment, financial aid for expenses while attending

school provided to a student by an institution of higher education is

exempt without making a claim. After payment, the aid is exempt.

704.200. (a) As used in this section:

(1) "Cemetery" has the meaning provided by Section 7003 of the

Health and Safety Code.

(2) "Family plot" is a plot that satisfies the requirements of

Section 8650 of the Health and Safety Code.

(3) "Plot" has the meaning provided by Section 7022 of the Health

and Safety Code.

( A family plot is exempt without making a claim.

judgment debtor and the spouse of the judgment debtor is exempt.

(d) Land held for the purpose of sale or disposition as cemetery

plots or otherwise is not exempt.

704.210. Property that is not subject to enforcement of a money

judgment is exempt without making a claim.

Dragon · August 3, 2006

FLORIDA Exemptions

h++p://www.floridahomesteadservices.com

katty72 · January 24, 2007

does anyone know how to find georgia exemption?

LadynRed · February 22, 2007

GA statutes are on Lexis-Nexis, so I can't link directly to a page there:

Georgia Exemptions:

ITLE 44. PROPERTY
CHAPTER 13. EXEMPTIONS FROM LEVY AND SALE
ARTICLE 1. CONSTITUTIONAL EXEMPTIONS
PART 1. IN GENERAL
O.C.G.A. § 44-13-1 (2006)
§ 44-13-1. Amount of exemption; who may claim exemption; what charges enforceable
Except as otherwise provided in this article, there shall be exempt from levy and sale by virtue of any process whatever under the laws of this state any real or personal property or both of a debtor in the amount of $5,000.00. No court or ministerial officer in this state shall ever have jurisdiction or authority to enforce any judgment, execution, or decree against property set apart under this Code section, including such improvements as may be made thereon from time to time, except for taxes, for the purchase money of the property, for labor done on the property, for material furnished for the property, or for the removal of encumbrances on the property.

Bankruptcy exemptions:

TITLE 44. PROPERTY
CHAPTER 13. EXEMPTIONS FROM LEVY AND SALE
ARTICLE 2. STATUTORY EXEMPTIONS
O.C.G.A. § 44-13-100 (2006)
§ 44-13-100. Exemptions for purposes of bankruptcy and intestate insolvent estates
(a) In lieu of the exemption provided in Code Section 44-13-1, any debtor who is a natural person may exempt, pursuant to this article, for purposes of bankruptcy, the following property:
(1) The debtor's aggregate interest, not to exceed $10,000.00 in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence, or in a burial plot for the debtor or a dependent of the debtor. In the event title to property used for the exemption provided under this paragraph is in one of two spouses who is a debtor, the amount of the exemption hereunder shall be $20,000.00;
(2) The debtor's right to receive:
(A) A social security benefit, unemployment compensation, or a local public assistance benefit;
( A veteran's benefit;
© A disability, illness, or unemployment benefit;
(D) Alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor;
(E) A payment under a pension, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; and
(F) A payment from an individual retirement account within the meaning of Title 26 U.S.C. Section 408 to the extent reasonably necessary for the support of the debtor and any dependent of the debtor;
(2.1) The debtor's aggregate interest in any funds or property held on behalf of the debtor, and not yet distributed to the debtor, under any retirement or pension plan or system:
(A) Which is: (i) maintained for public officers or employees or both by the State of Georgia or a political subdivision of the State of Georgia or both; and (ii) financially supported in whole or in part by public funds of the State of Georgia or a political subdivision of the State of Georgia or both;
( Which is: (i) maintained by a nonprofit corporation which is qualified as an exempt organization under Code Section 48-7-25 for its officers or employees or both; and (ii) financially supported in whole or in part by funds of the nonprofit corporation;
© To the extent permitted by the bankruptcy laws of the United States similar benefits from the private sector of such debtor shall be entitled to the same treatment as those specified in subparagraphs (A) and ( of this paragraph,
provided that the exempt or nonexempt status of periodic payments from such a retirement or pension plan or system shall be as provided under subparagraph (E) of paragraph (2) of this subsection; or
(D) An individual retirement account within the meaning of Title 26 U.S.C. Section 408;
(3) The debtor's interest, not to exceed the total of $3,500.00 in value, in all motor vehicles;
(4) The debtor's interest, not to exceed $300.00 in value in any particular item, in household furnishings, household goods, wearing apparel, appliances, books, animals, crops, or musical instruments that are held primarily for the personal, family, or household use of the debtor or a dependent of the debtor. The exemption of the debtor's interest in the items contained in this paragraph shall not exceed $5,000.00 in total value;
(5) The debtor's aggregate interest, not to exceed $500.00 in value, in jewelry held primarily for the personal, family, or household use of the debtor or a dependent of the debtor;
(6) The debtor's aggregate interest, not to exceed $600.00 in value plus any unused amount of the exemption, not to exceed $5,000.00, provided under paragraph (1) of this subsection, in any property;
(7) The debtor's aggregate interest, not to exceed $1,500.00 in value, in any implements, professional books, or tools of the trade of the debtor or the trade of a dependent of the debtor;
(8) Any unmatured life insurance contract owned by the debtor, other than a credit life insurance contract;
(9) The debtor's aggregate interest, not to exceed $2,000.00 in value, less any amount of property of the estate transferred in the manner specified in Section 542(d) of U.S. Code Title 11, in any accrued dividend or interest under, or loan or cash value of, any unmatured life insurance contract owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent;
(10) Professionally prescribed health aids for the debtor or a dependent of the debtor; and
(11) The debtor's right to receive, or property that is traceable to:
(A) An award under a crime victim's reparation law;
( A payment on account of the wrongful death of an individual of whom the debtor was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor;
© A payment under a life insurance contract that insured the life of an individual of whom the debtor was a dependent on the date of such individual's death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor;
(D) A payment, not to exceed $10,000.00, on account of personal bodily injury, not including pain and suffering or compensation for actual pecuniary loss, of the debtor or an individual of whom the debtor is a dependent; or
(E) A payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.
( Pursuant to 11 U.S.C. Section 522((1), an individual debtor whose domicile is in Georgia is prohibited from applying or utilizing 11 U.S.C. Section 522(d) in connection with exempting property from his or her estate; and such individual debtor may exempt from property of his or her estate only such property as may be exempted from the estate pursuant to 11 U.S.C. Section 522((2)(A) and (. For the purposes of this subsection, an 'individual debtor whose domicile is in Georgia' means an individual whose domicile has been located in Georgia for the 180 days immediately preceding the date of the filing of the bankruptcy petition or for a longer portion of such 180 day period than in any other place.
© The exemptions and protections contained in this article are extended to intestate insolvent estates in all cases where there is a living widow or child of the intestate.

Or -see here: http://www.lawdog.com/states/ga/judm.htm

LadynRed · February 22, 2007

Florida:

http://www.lawdog.com/states/fl/judm.htm

In general, a debtor may claim exemption of his homestead and non-exempt personal property from attachment or execution of a judgment, or in a bankruptcy proceeding.
Any person may claim exemption of his or her homestead from forced sale under any process of law by recording a written statement containing a description of the real property, mobile home, or modular home claimed to be exempt and declaring that the real property, mobile home, or modular home is the homestead of the party in whose behalf such claim is being made, with the Circuit Court , (Section 222.01.)
Certain personal property is allowed by law or by the State Constitution to be exempt from levy and sale, the debtor may claim such personal property to be exempt from sale by making, within 15 days after the date of the levy, an inventory of his or her personal property. (Section 222.061.) Personal property which may be exempt include certain portion of wages (Section 222.11), life insurance policies (Section 222.13), annuity contract (Section 222.14), unemployment compensation benefits (Section 222.15), disability benefits (Section 222.18), pension and retirement funds (Section 222.21), motor vehicle up to a value of $1,000 and interest in any professionally prescribed health aids for the debtor or a dependent of the debtor (Section 222.25).
Section 55.146 of the Florida Statutes further provide that all property of a judgment debtor where the judgment is in favor of any state for failure to pay that state's income tax on benefits received from a pension or other retirement plan is exempt from forced sale under process of any court, and no such judgment or execution based thereon shall be a lien on such property.
In accordance with the provision of s. 522( of the Bankruptcy Code of 1978 (11 U.S.C. s. 522(), residents of this state shall not be entitled to the federal exemptions provided in s. 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. s. 522(d)). (Section 222.20.) However, an individual debtor under the federal Bankruptcy Reform Act of 1978 may exempt, in addition to any other exemptions allowed under state law, any property listed in subsection (d)(10) of s. 522 of that act. (Section 222.201.)

LadynRed · February 22, 2007

New York

In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.
Under Chptr. 8, Art. 52, Sec. 5206 of the New York State Consolidated Laws, property of one of the following types, not exceeding ten thousand dollars in value above liens and encumbrances, owned and occupied as a principal residence, is exempt from application to the satisfaction of a money judgment, unless the judgment was recovered wholly for the purchase price thereof:
1. a lot of land with a dwelling thereon,
2. shares of stock in a cooperative apartment corporation,
3. units of a condominium apartment, or
4. a mobile home.
Some of the personal property exemption which may be claimed by a debtor may include all stoves kept for use in the judgment debtor's dwelling house and necessary fuel therefor for sixty days; one sewing machine with its appurtenances; the family bible, family pictures, and school books used by the judgment debtor or in the family; and other books, not exceeding fifty dollars in value, kept and used as part of the family or judgment debtor's library; a seat or pew occupied by the judgment debtor or the family in a place of public worship; domestic animals with the necessary food for those animals for sixty days, provided that the total value of such animals and food does not exceed four hundred fifty dollars; all necessary food actually provided for the use of the judgment debtor or his family for sixty days; all wearing apparel, household furniture, one mechanical, gas or electric refrigerator, one radio receiver, one television set, crockery, tableware and cooking utensils necessary for the judgment debtor and the family; a wedding ring; a watch not exceeding thirty-five dollars in value; and necessary working tools and implements, including those of a mechanic, farm machinery, team, professional instruments, furniture and library, not exceeding six hundred dollars in value, together with the necessary food for the team for sixty days, provided, however, that the articles specified in this paragraph are necessary to the carrying on of the judgment debtor's profession or calling. In addition, a judgment debtor may also be entitled to exemption, to the extent allowed under the statute, certain portions of income, trust, security deposits, insurance policy, New York state college choice tuition savings program trust funds, award in a matrimonial action, and retirement plan funds. (Chptr. 8, Art. 52, Sec. 5205, New York Consolidated Laws.)
In accordance with the provisions of 11 U.S.C. Sec. 522(, debtors domiciled in the State of New York are not authorized to exempt from the estate property that is specified under subsection (d) of such section. (Chptr. 12, Art. 10-A, Sec. 284, New York State Consolidated Laws.)

thomassl · February 22, 2007

Does anyone have Ohio's exemption? xsqueezex

LadynRed · February 23, 2007

OH Exemptions (same as in bankruptcy)

A debtor generally may claim exemption of certain real or personal property from execution of a judgment against him or in a bankruptcy proceeding. In a case where the judgment was for money
owed for health care services or supplies, the debtor or his family may claim exemption of one parcel or item of real or personal property that he or his family uses as a residence. (O.R.C. 2329.66(A)(1)(a).)
In all other judgments, a debtor may claim exemption of his interest, up to
five thousand dollars ($5,000.00) in one parcel or item of real or personal property that he or his family uses as a residence, one thousand dollars ($1,000.00) in one automobile, four hundred dollars ($400.00) in cash, and certain amounts in other personal or trade items as provided in O.R.C. 2329.66.
These exemptions may also be claimed by a debtor in a bankruptcy action. While some states permit its residents to elect exemptions provided under federal law, the Statutes of Ohio specifically do not authorize such election even though the federal exemptions may be more beneficial to the debtor. (O.R.C. 2329.662.)

IngridA · February 24, 2007

South Carolina:

South Carolina restrictions
South Carolina law is very restrictive with respect to garnishments. S.C. CODE ANN. § 37-5-104 provides that garnishment will not be allowed for debts arising from a consumer credit sale, a consumer lease, a consumer loan or a consumer rental-purchase agreement, regardless of where made.
Judgments and Enforcement:
A judgment entered in the State of South Carolina may be enforced within a period of ten (10) years. (15-39-20.) Final judgments and decrees entered in any court of record in this state may constitute a lien upon the non-exempt real estate of the judgment debtor situated in any county in which the judgment or transcript thereof is entered. The lien begins to run from the time of entry on the book of abstracts and indices, and continue for a period of 10 years from the date of the final judgment or decree. (15-35-810, 15-35-820.)
A judgment creditor may seek execution against the property of the judgment debtor, against his person and for the delivery of the possession of real or personal property. (15-39-10.) The court may order any property of the judgment debtor, not exempt from execution, to be applied toward the satisfaction of the judgment, except that the earnings of the debtor for his personal services cannot be so applied. (15-39-410.)
A judgment by confession is permissible under South Carolina Statutes. (15-35-350.) A defendant may file with the court a verified statement, under oath, stating the amount of the judgment authorized, the amount actually due or become due, concise facts out of which the obligation or liability arose, and that the sum confessed is justly due or to become due. (15-35-350.) Upon entry of the judgment, it may be executed in the same manner as any other judgments entered in the courts of the State of South Carolina. (15-35-380.)
Foreign Judgment:
The State of South Carolina generally adopts the Uniform Enforcement of Foreign Judgments Act. (15-35-900, et seq.) Any judgment, decree or order of a court of the United States or of any other court is entitled to full faith and credit in the State of South Carolina. (15-35-910(1).)
A judgment creditor seeking to enforce a foreign judgment may file with the appropriate court, an authenticated copy of the foreign judgment and an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor, and stating that the foreign judgment is final, that it is unsatisfied in whole or in part setting forth the amount remaining unpaid on the judgment, and whether the judgment is further contested. (15-35-920.) The judgment creditor is required to serve upon the judgment debtor a notice of filing of the foreign judgment and affidavit, and file a proof of service of the notice in accordance with the Rules of Civil Procedure of South Carolina. The notice must set forth the name and address of the judgment creditor, his attorney if any, and the clerk's office in which the foreign judgment is filed, and that the judgment attached to the notice has been filed in that office, and that the judgment debtor has 30 days from the date of receipt of the notice to seek relief from the enforcement thereof. The notice must also state that if the judgment is not satisfied within that 30 days period, it will be enforced in the same manner as a judgment of the State of South Carolina. (15-35-930.)
The foreign judgment may not be indexed or docketed if a contest is not resolved. No execution may issue upon the foreign judgment nor may any other proceeding be taken for its enforcement until the expiration of 30 days from the date upon which notice of filing is served in accordance with Section 15-35-930. (15-35-920.)
Interest:
Legal rate: 8-3/4% per annum on accounts stated and any money due. (34-31-20(A).)
Judgment rate: 14% per annum on all decrees enrolled or entered. (34-31-20(.)
The Consumer Protection Code Revision Act of 1982 requires that all creditors who wish to charge an Annual Percentage Rate (APR) in excess of 18% must file a Maximum Rate Schedule (MRS) with the S.C. Department of Consumer Affairs. A Maximum Rate Schedule must also be posted in the creditor's place of business. The filing fee is $20.00. See Department of Consumer Affairs Department linked here.
Exemptions:
In general, a debtor may claim exemption of his homestead and certain personal property from attachment or execution or forced sale for the payment of debts.
The homestead exemption permitted under the South Carolina Statutes include the real or personal property of a debtor, up to an aggregate interest of $5,000 in value. The property must be used by the debtor or his dependent as a residence, in a cooperative that owns property, or in a burial plot, except that the aggregate value of multiple homestead exemptions allowable with respect to a single living unit may not exceed $10,000. (15-41-30(1).)
Personal property which may be exempt may include the debtor's interest in one motor vehicle not to exceed $1,200 in value; household furnishings, household goods, wearing apparel, appliances, books, animals, crops, or musical instruments, that are held primarily for the personal, family, or household use, not to exceed $2,500 in aggregate value; jewelry not to exceed $500 in aggregate value; cash and other liquid assets to the extent of a value not exceeding $1,000 except that this exemption is available only to an individual who does not claim a homestead exemption; implements, professional books, or tools of the trade not to exceed $750 in aggregate value; any unmatured life insurance contract owned by the debtor, other than a credit life insurance contract; professionally prescribed health aids; social security benefits, unemployment compensation, public assistance benefit, veteran's benefit, disability, illness or unemployment benefit, alimony, support or separate maintenance; a payment under a qualified stock bonus, pension, profit sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, property that is traceable to award under a crime victim's reparation law, a payment on account of the bodily injury of the debtor or of the wrongful death or bodily injury of another individual of whom the debtor was or is a dependent and a payment under a life insurance contract that insured the life of an individual of whom the debtor was a dependent on the date of that individual's death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor. (15-41-30(2).)
In a bankruptcy proceeding, no individual may exempt property specified in 11 U.S.C. Section 522(d) except as may be expressly permitted by other provisions of law of the State of South Carolina. (15-41-35.)

mcck · February 28, 2007

How about Indiana? Anyone?.....Thank You

LadynRed · March 2, 2007

INDIANA

Appears to be the same as bankruptcy:

© The following property of a debtor domiciled in Indiana is exempt:
(1) Real estate or personal property constituting the personal or family residence of the debtor or a dependent of the debtor, or estates or rights in that real estate or personal property, of not more than fifteen thousand dollars ($15,000). The exemption under this subdivision is individually available to joint debtors concerning property held by them as tenants by the entireties.
(2) Other real estate or tangible personal property of eight thousand dollars ($8,000).
(3) Intangible personal property, including choses in action, deposit accounts, and cash (but excluding debts owing and income owing), of three hundred dollars ($300).
(4) Professionally prescribed health aids for the debtor or a dependent of the debtor.
(5) Any interest that the debtor has in real estate held as a tenant by the entireties. The exemption under this subdivision does not apply to a debt for which the debtor and the debtor's spouse are jointly liable.
(6) An interest, whether vested or not, that the debtor has in a retirement plan or fund to the extent of:
(A) contributions, or portions of contributions, that were made to the retirement plan or fund by or on behalf of the debtor or the debtor's spouse:
(i) which were not subject to federal income taxation to the debtor at the time of the contribution; or
(ii) which are made to an individual retirement account in the manner prescribed by Section 408A of the Internal Revenue Code of 1986;
( earnings on contributions made under clause (A) that are not subject to federal income taxation at the time of the levy; and
© roll-overs of contributions made under clause (A) that are not subject to federal income taxation at the time of the levy.
(7) Money that is in a medical care savings account established under IC 6-8-11.
(8) Any interest the debtor has in a qualified tuition program, as defined in Section 529( of the Internal Revenue Code of 1986, but only to the extent funds in the program are not attributable to:
(A) excess contributions, as described in Section 529((6) of the Internal Revenue Code of 1986, and earnings on the excess contributions;
( contributions made by the debtor within one (1) year before the date of the levy or the date a bankruptcy petition is filed by or against the debtor, and earnings on the contributions; or
© the excess over five thousand dollars ($5,000) of aggregate contributions made by the debtor for all programs under this subdivision and education savings accounts under subdivision (9) having the same designated beneficiary:
(i) not later than one (1) year before; and
(ii) not earlier than two (2) years before;
the date of the levy or the date a bankruptcy petition is filed by or against the debtor, and earnings on the aggregate contributions.
(9) Any interest the debtor has in an education savings account, as defined in Section 530( of the Internal Revenue Code of 1986, but only to the extent funds in the account are not attributable to:
(A) excess contributions, as described in Section 4973(e) of the Internal Revenue Code of 1986, and earnings on the excess contributions;
( contributions made by the debtor within one (1) year before the date of the levy or the date a bankruptcy petition is filed by or against the debtor, and earnings on the contributions; or
© the excess over five thousand dollars ($5,000) of aggregate contributions made by the debtor for all accounts under this subdivision and qualified tuition programs under subdivision (8) having the same designated beneficiary:
(i) not later than one (1) year before; and
(ii) not earlier than two (2) years before;
the date of the levy or the date a bankruptcy petition is filed by or against the debtor, and earnings on the excess contributions.
(10) The debtor's interest in a refund or a credit received or to be received under section 32 of the Internal Revenue Code of 1986.
(d) A bankruptcy proceeding that results in the ownership by the
bankruptcy estate of a debtor's interest in property held in a tenancy by the entireties does not result in a severance of the tenancy by the entireties.
(e) Real estate or personal property upon which a debtor has voluntarily granted a lien is not, to the extent of the balance due on the debt secured by the lien:
(1) subject to this chapter; or
(2) exempt from levy or sale on execution or any other final process from a court.
As added by P.L.1-1998, SEC.51. Amended by P.L.179-2005, SEC.10.

Blinker74 · March 21, 2007

Anyone know Pennsylvania? Thanks!

LadynRed · March 23, 2007

PA is much harder to pull out, the statutes are a mess !

Exemptions:
In general, a debtor may claim exemption of certain personal property from attachment or execution or forced sale for the payment of debts. The Pennsylvania Consolidated Statutes contains no provision for homestead exemption.
Pennsylvania does not permit waiver of the exemptions from attachment or execution granted by statute by the debtor by express or implied contract before or after the commencement of the matter, the entry of judgment or otherwise. (42 Pa.C.S. § 8122.) A judgment debtor generally is entitled to exemption from execution certain general monetary exemptions up to $300 in bank notes, money, securities, real property, judgments or other indebtedness due the judgment debtor. (42 Pa.C.S. § 8123.)
Particular enumerated items of personal property which may be exempt may include goods such as wearing apparel, bibles and school books, sewing machines belonging to seamstresses or used and owned by private families, but not including sewing machines kept for sale or hire, and uniforms and accouterments; qualified retirement funds and accounts, pension or annuity, insurance proceeds, social security benefits, and workers' compensation benefits. (42 Pa.C.S. § 8124.)

mcck · March 27, 2007

LadynRed,

Based on the exemptions I see under the IN code, A collector cannot touch my 529 plans over 1-2 years old from the time of the lien, and as long as I contributed less than the max. Also, a collector cannot touch any IRAs and 401k plans based on what I am reading above. Am I correct? However, the collector can go after my equity in the house with the exempt of $30000 joint. Am I correct on that as well?

Thank You

angelwithan-a · April 6, 2007

Does anyone know anything about missouri exemptions?

Thanks for all your help

LadynRed · April 6, 2007

Missouri Exemptions:

In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.
The homestead of every person, consisting of a dwelling house and appurtenances, and the land used in connection
therewith, not exceeding the value of $8,000.00, is generally exempt from attachment and execution. This homestead exemption
shall not be allowed for more than one owner if one owner claims the entire amount allowed but, if more than one owner claims an exemption of the same property, , the exemption allowed to each of such owners shall not exceed, in the aggregate, the total exemption allowed as to any one homestead. (Section 513.475.)
Personal property of a debtor which are exempt from attachment and execution may include household furnishings, household goods, wearing apparel, appliances, books, animals, crops or musical instruments that are held primarily the use of the debtor and his dependent not to exceed $1,000 in value in aggregate; jewelry not to exceed $500.00 in value in aggregate; any other property of any kind, not to exceed in value $400.00 in the aggregate; any implements, professional books or tools of the trade not to
exceed $2,000.00 in value in the aggregate; any motor vehicle, not to exceed $1,000.00 in value; any mobile home used as the principal residence, not to exceed $1,000.00 in value; any one or more unmatured life insurance contracts owned by the debtor, other than a credit life insurance contract; the amount of any accrued dividend or interest under, or loan value of, any one or more unmatured life insurance contracts owned by the debtor under which the insured is the debtor or or an individual of whom the debtor is a dependent; provided, however, that if proceedings under Title 11 of the United States Code are commenced by or against such person, the amount exempt in such proceedings shall not exceed in value $5,000.00 in the aggregate less any amount of property of the debtor transferred by the life insurance company to itself, not to be exempt from claim for child support; professional heath aids for the debtor or his dependent; social security benefit, unemployment compensation or a local public assistance benefit; veteran's benefit; disability, illness or unemployment benefit; and alimony, support or separate maintenance, not to exceed $500.00 a month. In addition, payments made under certain pension or annuity plans and spendthrift trusts created for the benefit of employees may also be exempt. (Section 513.430.)
If the debtor is the head of a family, he may select and hold, exempt from execution, any other property, real, personal or mixed, or debts and wages, not exceeding in value the amount of $850.00 plus $250.00 for each of such person's unmarried dependent children under the age of eighteen years, except 10% of any debt, income, salary or wages due such head of a family. (Section 513.440.)
In a bankruptcy proceeding, a debtor who is a resident of the State of Missouri, is permitted to exempt from property of the estate any property that is exempt from attachment and execution under the law of the state of Missouri or under federal law, other than Title 11, United States Code, Section 522(d), and no such person is authorized to claim as exempt the property that is specified under Title 11, United States Code, Section 522(d). (Section 513.427.)

lordon · April 12, 2007

I have been on a mad search for West Virginias state exemptions and i am having no success.

LadynRed · April 13, 2007

West Virginia:

In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment. The homestead of a debtor, his spouse, parent or other head of a household residing in the State of West Virginia, or the infant children of deceased or insane parents, is exempt up to the value of $5,000 from all debts and liabilities, except debts incurred for the purchase money thereof, or for the erection of permanent improvements thereon, and claims for taxes or county or district or municipal levies due thereon. (§38-9-1.) Homestead is defined as property owned and used as the principal home for the debtor, his spouse or a dependent, or any or all of them, whether classified as real property, chattel real, a fixture or personal property. (§38-9-2.) In a situation where the debt or liability was for hospital or medical expenses incurred from a catastrophic illness or injury, the exemption value may be increased to $7,500. "Catastrophic illness or injury" means a medically verified illness or injury for which any insurance or other applicable benefits have been exhausted, and which incapacitates and creates a financial hardship upon the debtor, his or her spouse or sibling or dependent of the debtor, who uses the homestead as a principal home at the time the debt was incurred. (§38-9-3(.)
The personal property of a judgment debtor, up to the value of $1,000 may be exempt from execution or other process. The working tools of a mechanic, artison or laborer's trade or occupation may be exempt up to the value of $50. The total exemption however may not exceed the $1,000 limit. (§38-8-1.)
In a bankrutpcy proceeding, debtors who are domiciled in the State of West Virginia are not permitted to claim exemption of those property specified under the provisions of 11 U.S.C. 522(d). Instead, a debtor may claim exemption from property of the estate interest in real or personal property not to exceed $15,000 in value which are used as a residence by the debtor or his dependent or in a burial plot; one motor vehicle not to exceed $2,400 in value; household furnishings, household goods, wearing apparel, appliances, books, animals, crops or musical instruments, that are held primarily for the personal, family or household use of the debtor or a dependent of the debtor not to exceed $400 in value in any particular item and not to exceed $8,000 in total value; jewelry held primarily for personal, family or household use of the debtor or his dependent not to exceed $1,000 in value; any property not to exceed $800 in value plus any unused amount exempt under subsection (a) of §38-10-4; any implements, professional books or tools of the trade not to exceed $1,500 in value; any unmatured life insurance contract owned by the debtor other than a credit life insurance contract; any accrued dividend or interest under, or loan value of, any unmatured life insurance contract not to exceed $8,000 in value; professionally prescribed health aids for the debtor or a dependent of the debtor; social security benefit, unemployment compensation or local public assistance benefit, veteran's benefit, disability, illness or unemployment benefit; alimony, support or separate maintenance to the extent reasonably necessary for the support of the debtor or any dependent of the debtor; limited payment under a stock bonus, pension, profit sharing, annuity or similar plan or contract on account of illness, disability, death, age or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; award under a crime victim's reparation law; a payment on account of the wrongful death of an individual of whom the debtor was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; a payment under a life insurance contract that insured the life of an individual of whom the debtor was a dependent on the date of such individual's death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; a payment, not to exceed $15,000 on account of personal bodily injury, not including pain and suffering or compensation for actual pecuniary loss, of the debtor or an individual of whom the debtor is a dependent; a payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; and payments made to the prepaid tuition trust fund on behalf of any beneficiary. (§38-10-4.)

LadynRed · April 13, 2007

PA Judgments:

Any money judgment may be enforced by writ of execution against the personal property of a judgment debtor within 20 years after the entry of the judgment (42 Pa.C.S. § 5529.) and may become a lien on the real property of a judgment debtor in any county upon the entry into the record of the office of the Clerk of the Court of Common Pleas in the county where the property is situated. (42 Pa.C.S. § 4303.) Such lien is enforceable for a period of five (5) years and may be revived prior to its expiration. (42 Pa.C.S. § 5526(1).)

answer2prayer · April 21, 2007

How about Texas? :mrgreen:

answer2prayer · April 24, 2007

I've searched everywhere...I can only find bankruptcy exemptions for Texas...does anyone know if they are the same???

Please someone?!?

LadynRed · April 25, 2007

In most states they are very nearly the same.

TX judgement exemptions.

In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment.
A debtor's homestead and one or more lots used for a place of burial of the dead are exempt from seizure for the claims of creditors. (Prop. C. 41.001.) If used for the purposes of an urban home or as a place to exercise a calling or business in the same urban area, the homestead of a family or a single, adult person, not otherwise entitled to a homestead, consists of not more than one acre of land which may be in one or more lots, together with any improvements thereon. (Prop. C. 41.002(a).) If used for the purposes of a rural home, the homestead consists of:
(1) for a family, not more than 200 acres, which may be in one or more parcels, with the improvements thereon; or
(2) for a single, adult person, not otherwise entitled to a homestead, not more than 100 acres, which may be in one or more parcels, with the improvements thereon. (Prop. C. 41.002(.)
Personal property of a debtor which may be exempt from garnishment, attachment, execution or other seizure may include property having an aggregate fair market value of not more than $60,000, exclusive of liens, security interests, or other encumbrances if it is provided for a family, or an aggregate fair market value of not more than $30,000, exclusive of liens, security interests, or other encumbrances if it is owned by a single adult. (Prop. C. 42.001(a).) These property may include home furnishings, including family heirlooms; provisions for consumption; farming or ranching vehicles and implements; tools, equipment, books, and apparatus, including boats and motor vehicles used in a trade or profession; wearing apparel; jewelry not to exceed 25 percent of the aggregate limitations prescribed by Section 42.001(a); two firearms; athletic and sporting equipment, including bicycles; a two-wheeled, three-wheeled, or four-wheeled motor vehicle for each member of a family or single adult who holds a driver's license or who does not hold a driver's license but who relies on another person to operate the vehicle for the benefit of the nonlicensed person; certain animals and forage on hand for their consumption; household pets; and the present value of any life insurance policy to the extent that a member of the family of the insured or a dependent of a single insured adult claiming the exemption is a beneficiary of the policy. (Prop. C. 42.002.)
Other personal property, which may be exempt from seizure, may include current wages for personal services, professionally prescribed health aids of a debtor or a dependent, alimony, support, or separate maintenance received or to be received by the debtor or for the support of his dependent, qualified retirement plan, annuity or account. (Prop. C. 42.0021.)

answer2prayer · April 25, 2007

Thankyou so much! :IThankYou:

Gizmo · June 4, 2007

Does anyone have any info on North Carolina exemptions? Thank you!

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STATE EXEMPTIONS (work in progress)

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