Aspire General Insurance Company vs Diana Garcia, Carlos Garcia
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.