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Salary garnishment claim of exemption hearing location

Sunnyvale, CA |

I'm in post divorce proceedings. My ex has a money judgment against me. The money judgment was entered in Contra Costa county. Now, I live in Santa Clara county and work in San Mateo county.
I filed a claim of exemption in San Mateo County. The private judge who resided at the divorce trial, is in charge of post judgment proceeding and she wants the hearing for the claim of exemption to take place in Contra Costa County.

Cal C code 708.160 © stipulate I could ask for this hearing to happen where I live or work, yet section 708.160 (stipulates otherwise?

Question 1: Can I request a hearing in San Mateo County (I live and work less than 150 miles from Contra Costa)?

Question 2: the private judge in this case is paid by my ex. Would it be possible to ask for an other non-private judge?

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Attorney answers 2


The code that you cite has to do with judgment debtor examinations; motions related to claims of exemptions are typically heard where the judgment was entered. As to the private judge issue, without knowing more about you situation, I cannot give you advice. I would suggest you contact a local attorney in your area regarding this.


Has your ex taken steps to have your wages garnished? If so, the papers which were served on your employer with copies to you explain where you are to file the claim of exemption. If not, why are you seeking a claim of exemption? What are you seeking to exempt?