§ 704.010 Motor vehicles; equity and proceeds of sale or insurance
§ 704.010. Motor vehicles; equity and proceeds of sale or insurance
(a) Any combination of the following is exempt in the amount of two thousand three hundred dollars ($2,300):
(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 two thousand three hundred dollars ($2,300) 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.
EXPLANATORY NOTE
For the current amount of exemption under this section, as adjusted by the Judicial Council and required by Code of Civil Procedure § 703.150, which authorizes the Judicial Council to publish cost-of-living adjustments every three years, see the Judicial Council Form reproduced under Chapter 4, preceding Code of Civil Procedure § 703.010 (for electronic publications, see Refs & Annos).