Valley Credit Service, Inc. v. Kelley

Defendant1 appeals an order denying a post-judgment claim of exemption from execution on a default judgment. He contends that the trial court erred in permitting plaintiff to satisfy the judgment with funds that defendant had received in settlement of a personal injury claim, because such funds are subject to a statutory exemption. We agree and reverse and remand for entry of an order allowing the claim of exemption.

Plaintiff initiated this action in 1987 for collection of a debt that defendant and his wife had incurred for medical services. A default judgment was entered for the sum of…