Ford Motor Credit Co. v. Waters

Opinion

HARBIN-FORTE, P. J.

I. INTRODUCTION

The instant case involves an appeal from an order granting in part a judgment debtor’s claim of exemption filed in response to a levy on a bank account. The parties assert that the issue presented on appeal is one of first impression: Whether the judgment debtor’s exemption under Code of Civil Procedure section 704.070 for paid earnings traced to a deposit account is 75 percent of the paid earnings that had been in the account during the 30 days preceding the levy, or 75 percent of paid earnings that remain in the account on the date of the levy.

For…