What Property Is Exempt From Creditors in California?

In California, a judgment creditor cannot simply take everything you own. State law automatically protects your home equity through a homestead exemption that ranges from a minimum of $300,000 up to $600,000, depending on the median home sale price in your county the year before you claim it (California Code of Civil Procedure § 704.730). This amount is adjusted every year for inflation. That single rule sets California apart from most states, which cap homestead protection at a flat figure or, in a few states, allow no dollar limit at all. Alongside the homestead, California law also shields most of your wages, retirement accounts, public benefits, a motor vehicle, and ordinary household goods from creditors who hold a money judgment against you.

The California homestead exemption

California's homestead protects equity in the home where you live. Under CCP § 704.730, the exemption is the greater of $300,000 or the countywide median sale price of a single-family home in the prior calendar year, but never more than $600,000, with both figures indexed annually to inflation. This protection applies automatically to your principal residence; you do not have to record anything to get the automatic homestead. You may also record a declared homestead, which can preserve protection over reinvested sale proceeds for up to six months. The exemption shields equity, not the whole house: if a forced sale would leave enough to pay your exempt amount plus the costs of sale, a creditor can still force a sale, but you walk away with your protected equity in cash.

Important exceptions: the homestead does not stop foreclosure by your mortgage lender, a deed-of-trust holder, a mechanic's lien, or unpaid property taxes, and it offers limited protection against child and spousal support judgments.

Wage garnishment limits

California limits how much of your paycheck a creditor can garnish, and the limit is more generous to debtors than the federal floor. Under CCP § 706.050, a creditor may take the lesser of (1) 25% of your weekly disposable earnings, or (2) the amount by which your weekly disposable earnings exceed 40 times the applicable minimum hourly wage (state or, if higher, the local minimum wage where you work). The federal Consumer Credit Protection Act (15 U.S.C. § 1673) uses 30 times the federal minimum wage of $7.25, so California's 40-times-a-higher-wage formula protects substantially more income.

As of 2026, California's state minimum wage is approximately $16.50 per hour, and many cities (such as San Francisco, Los Angeles, and West Hollywood) set higher local minimums. Because these figures are adjusted for inflation each January 1, you should confirm the current state rate with the California Department of Industrial Relations and your local rate with your city before calculating your protected amount. Disposable earnings means what is left after legally required deductions like taxes and Social Security. Garnishment for child or spousal support follows separate, higher limits.

Retirement accounts and pensions

California broadly protects retirement savings. Under CCP § 704.115, private retirement plans, profit-sharing plans, and self-employed retirement plans are exempt. Tax-qualified employer plans such as 401(k)s and pensions generally receive full protection, and federal law (ERISA) independently shields most employer pension plans nationwide. Individual Retirement Accounts (IRAs) and self-employed plans are exempt under California law only to the extent the funds are reasonably necessary to support you and your dependents at retirement, so very large IRA balances may receive less than complete protection in a judgment enforcement action. Public retirement systems for government employees (such as CalPERS) are also protected.

Social Security, unemployment, and other public benefits

Public benefits enjoy strong protection in California. Social Security benefits are exempt under federal law (42 U.S.C. § 407) and remain protected even after they are deposited in your bank account. California adds its own layers: unemployment compensation is exempt under CCP § 704.120, public assistance such as CalWORKs is exempt under § 704.170, and disability and health insurance benefits are exempt under § 704.130. Workers' compensation benefits are also protected.

When exempt benefits land in a bank account, California gives extra automatic protection. Under CCP § 704.220, a baseline amount of money in a deposit account is automatically exempt without your having to file anything, tied to the state's minimum basic standard of adequate care for a family of four. Separately, § 704.080 protects funds traceable to Social Security and other public benefits up to set limits. Because these dollar figures are adjusted periodically, confirm the current amounts before relying on a specific number.

Vehicle and household goods

California exempts equity in one or more motor vehicles up to a capped amount under CCP § 704.010 (a few thousand dollars, adjusted for inflation every three years on April 1 of odd-numbered years under § 703.150). If your car is worth more than the exempt amount, the protection still covers the proceeds up to that cap if the vehicle is sold. Confirm the current figure with the official statute or the California Courts self-help resources, since it changes on the triennial adjustment cycle.

Household goods are protected under CCP § 704.020, which exempts household furnishings, appliances, clothing, and personal effects that are "ordinarily and reasonably necessary" for you and your family. Rather than a hard dollar cap, this is a reasonableness standard, so everyday furniture, beds, kitchen items, and clothing are generally safe. Tools of your trade are separately exempt under § 704.060, and certain health aids are fully exempt under § 704.050.

How to actually claim your exemptions

Exemptions are not always self-executing in a bank levy. If a creditor levies your bank account or garnishes wages, you generally must affirmatively claim the exemption. The key tool is a Claim of Exemption (Judicial Council form EJ-160) together with a Financial Statement (form EJ-165). For a bank levy or other property levy, you must file the Claim of Exemption with the levying officer (the sheriff or marshal named in the notice) within 10 days after the Notice of Levy is served on you, under CCP § 703.520. Miss that window and you can lose the protection for those funds.

After you file, the creditor has a limited time to oppose your claim by filing a notice of opposition and setting a court hearing; if the creditor does not oppose, the levying officer releases the exempt property. For wage garnishments, a similar claim-of-exemption procedure under § 706.105 lets you ask the court to reduce or stop the withholding based on financial hardship. Keep proof that exempt funds (like Social Security deposits) are traceable, because clearly identifying the source of the money makes your claim far stronger.

Where to verify and get help

For consumer protection, the California Attorney General's Office (California Department of Justice), Public Inquiry and Consumer Protection, accepts complaints about unfair debt-collection practices. Debt collectors in California are also regulated by the California Department of Financial Protection and Innovation (DFPI) under the state Rosenthal Fair Debt Collection Practices Act (Civil Code § 1788), which mirrors and in some ways expands the federal Fair Debt Collection Practices Act (FDCPA, 15 U.S.C. § 1692). The federal Fair Credit Reporting Act (FCRA) governs how judgments and collections appear on your credit report.

Because exemption dollar amounts and minimum-wage rates change, always confirm current figures against the California Code of Civil Procedure and the California Courts self-help center before filing. Given how short the deadlines are and how much is at stake, consider consulting a California-licensed attorney or your county's legal aid office, especially if a creditor opposes your Claim of Exemption.

This page is based on California law. Limits and deadlines change — verify the current details directly with the official California sources below. This is general legal information, not legal advice.

Federal law also applies. Federal laws like the Fair Debt Collection Practices Act and Fair Credit Reporting Act protect you nationwide, on top of California’s own rules.

Frequently asked questions

How much home equity can California protect from creditors?

Under CCP § 704.730, California's homestead exemption protects between $300,000 and $600,000 of equity in your principal residence, set by your county's prior-year median home price and adjusted annually for inflation. It does not stop your mortgage lender, a mechanic's lien, or property-tax foreclosure.

Can a creditor garnish my wages in California?

Yes, but only the lesser of 25% of disposable earnings or the amount your weekly disposable earnings exceed 40 times the applicable (state or local) minimum wage, under CCP § 706.050. This protects more income than the federal cap, which uses 30 times the $7.25 federal minimum wage.

Is my Social Security safe from a bank levy in California?

Social Security is exempt under federal law (42 U.S.C. § 407) even after deposit, and California adds protections under CCP § 704.080 for traceable benefit funds. Keep records showing the deposits came from Social Security, and file a Claim of Exemption if the bank account is levied.

How do I claim an exemption after a bank levy in California?

File a Claim of Exemption (form EJ-160) and Financial Statement (EJ-165) with the levying officer named in the Notice of Levy within 10 days of being served, under CCP § 703.520. If the creditor does not oppose it, the officer must release the exempt funds.

Are my retirement accounts protected from creditors in California?

Tax-qualified employer plans like 401(k)s and pensions are broadly protected under CCP § 704.115 and federal ERISA. IRAs and self-employed plans are exempt only to the extent reasonably necessary for your retirement support, so very large IRA balances may get less than full protection.

This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.

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