Asset Capital Recovery Group LLC vs Hector Herrera

Case Number

20CV01100

Case Type

Hearing Date / Time

Wed, 05/01/2024 - 10:00

Nature of Proceedings

Claim of Exemption

Tentative Ruling

John Kenosian for Plaintiff

Defendant in pro per

Emails - None

RULING

Hector Herrera’s claim of exemption is DENIED.

Analysis

Claim of Exemption

Filed by Hector Herrera; reports he has a spouse – Gloria Herrera –

He reports his gross monthly income is $5,149/mo. - after taxes $4,032.32/mo.

Reports he has a 2013 Honda with equity of $13,000.

Claims Monthly living expenses of $4,530.

Claims Installment debt = $17,000.

He is willing to have $50 withheld twice a month.

Opposition

Plaintiff argues that Defendant's monthly allocation of $100.00 for clothing; $502.00 for installment payments; and $100.00 for entertainment costs seem excessive. Additionally, Defendant's monthly expenses exceed his monthly income. Plaintiff questions if Defendant is receiving another source of income not listed on his Claim of Exemption. A true and correct copy of the Employer’s Return was attached.

The underlying obligation for this judgment was a LOAN. Defendant used the LOAN to purchase goods, services and merchandise for himself and his family for his use and benefit. Plaintiff’s judgment takes priority over the other debt and expenses of the Defendant listed on the claim of exemption as the underlying obligation was monies loaned, paid out and purchases made for the use and benefit of the Defendant and his family for the necessity of life.

That the earnings claimed as exempt are not exempt.

That total amount due Plaintiff is $4,848.15

The Court’s Conclusions

Plaintiff’s argument is persuasive.