Page 177 - Judgment Enforce Course_Neat

Judgment Enforcement – The Step-by-Step Course

✓ Social Security money (up to a certain amount).

✓ Retirement money (up to a certain amount).
✓ Public benefits money (welfare and unemployment benefits). \

Okay, so what do I do?

If you think the claim is fraudulent or simply mistaken you must file an “Opposition to
Claim of Exemption.” Here, you assert that the claim is
wrong, and explain your reasoning. You also have to 3 PARTY
RD
CLAIM:

1) (a) Upon the filing of an objection … (to) a
claim of exemption . . . the court in which the A claim for property that is
judgment was entered shall set a time for the made by a third person –
hearing of such objection or claim, which shall someone who is not the
be not more than fourteen days after filing.
Colorado Code § 13-54.5-109 creditor or debtor in the
judgment.

set up a hearing. The judge will question the JD, look
at the facts, and decide.

rd
6. Oh, No! Someone filed a 3 Party Claim

I had a case in which a relative of the JD claimed that the asset I took (a cool vehicle) really
belonged to him. So, he filed a third-party claim, saying he’s not the creditor or debtor, but an
innocent guy. In a case like this, the sheriff will release the property unless you file an “opposition
rd
to 3 Party Claim. In some courts there’s a simple form for this. In other cases, you’ll have to
make your own pleading. (I’ll share some on the Forum)

The third-party claim shall be executed under oath and shall
contain all of the following:
1) The name of the third person and an address in this state
where service by mail may be made on the third person.
2) a description of the property in which an interest is
claimed
3) A description of the interest claims, and the facts upon
which it is claimed.
Cal CCP 720.130

P.S. In the above case, the judge rolled his eyes and pointed to the door. He knew the guy was
lying. I won.

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