What’s the proper form to file for exemption from a creditor who filed a petition to enforce judgement against trust with spendthrift clause?

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What’s the proper form to file for exemption from a creditor who filed a petition to enforce judgement against trust with spendthrift clause?

I need to file this form ASAP with the CA courts so I think I must do it myself this coming Monday. I was looking for the proper form on line. Just not sure which form was correct for this situation.

Asked on September 16, 2011 under Estate Planning, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The form that you need to file regarding a levy upon a trust seeking assets against a particular beneficiary with respect to a judgment against that beneficiary is called a "claim of exemption."

In California, these forms are prepared by California's Judicial Council. Go online and type in the words "claim of exemption California Judicial Council" and the response should lead you to the desired form for you to print out, complete, date, sign, serve upon the judgment creditor and file it first thing this Monday with the court clerk in the county of this state where the judgment was entered.

The court clerk should then set a hearing date to hear this claim of exemption.

Good luck.


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