Aspire General Insurance Company vs Diana Garcia, Carlos Garcia

Case Number

20CV02480

Case Type

Hearing Date / Time

Wed, 10/02/2024 - 10:00

Nature of Proceedings

Diana Garcia’s Claim of Exemption

Tentative Ruling

Todd F Haines for Plaintiff

Defendant is self-represented.

Issue

Diana Garcia’s Claim of Exemption.

Moving Declaration of Ms. Garcia

Filed 7/26/24. Summarized: Her monthly gross income is $2,832. She is not willing for any amount to be withheld from her earnings and she needs all her earnings to support herself/family.

Opposition

The creditor will not attend the hearing but opposes the claim of exemption because:

1. The Defendant's claim of gross pay of $2,832, and take home pay of $969.46, does not ring true.

2. Laundry and cleaning of $80.00 per month is excessive.

3. Food and household supplies of $1,100.00 per month is excessive.

4. Cleaning of $80.00 per month is excessive.

The judgment creditor will accept $150 per pay period for payment on account of this debt.

The Court’s Conclusions

The Court agrees with the position taken by the filed “Opposition” and will DENY Ms. Garcia’s Claim for Exemption. The Court finds that the offer of the Judgment Creditor to accept $150 per pay period is reasonable.