California Code of Civil Procedure 704.090 – (a) The funds of a judgment debtor confined in a prison or …
(a) The funds of a judgment debtor confined in a prison or facility under the jurisdiction of the Department of Corrections or the Department of the Youth Authority or confined in any county or city jail, road camp, industrial farm, or other local correctional facility, held in trust for or to the credit of the judgment debtor, in an inmate’s trust account or similar account by the state, county, or city, or any agency thereof, are exempt without making a claim in the amount of one thousand seven hundred fifty dollars ($1,750). If the judgment debtor is married, each spouse is entitled to a separate exemption under this section or the spouses may combine their exemptions.
(b) Notwithstanding subdivision (a), if the judgment is for a restitution fine or order imposed pursuant to subdivision (a) of § 13967 of the Government Code, as operative on or before September 28, 1994, or § 1203.04 of the Penal Code, as operative on or before August 2, 1995, or § 1202.4 of the Penal Code, the funds held in trust for, or to the credit of, a judgment debtor described in subdivision (a) are exempt in the amount of three hundred twenty-five dollars ($325) without making a claim. The exemption provided in this subdivision is not subject to adjustment under Section 703.150.
Terms Used In California Code of Civil Procedure 704.090
- County: includes "city and county. See California Code of Civil Procedure 17
- debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Spouse: includes "registered domestic partner" as required by §. See California Code of Civil Procedure 17
- State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
- Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
(Amended by Stats. 2020, Ch. 81, Sec. 7. (SB 898) Effective January 1, 2021.)