Code of Civil Procedure § 704.010

Motor vehicles

(a) Any combination of the following is exempt in the amount of three thousand three hundred twenty-five dollars ($3,325):

(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.

(b) 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.

(c) For the purpose of determining the equity, the fair market 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 three thousand three hundred twenty-five dollars ($3,325) 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.

History

Added Stats 1982 ch 1364 § 2, operative July 1, 1983. Amended Stats 1995 ch 196 § 2 (SB 832), effective July 31, 1995; Stats 2003 ch 379 § 5 (AB 182); Stats 2020 ch 81 § 2 (SB 898), effective January 1, 2021.

CCP 704.010