Legal Exempt Property Petition

Legal Exempt Property Petition

Court:   County:

Case Number:   Judge/Division:

Petitioner Name:

Petitioner Address:

Respondent Name (Judgment Creditor):

Respondent Address:

RECITALS

WHEREAS, Petitioner is the owner of certain personal property and/or real property described below, acquired on or about ; and

WHEREAS, Respondent asserts a lien, judgment, levy, or garnishment against Petitioner that may affect the property identified in this Petition; and

WHEREAS, Petitioner contends that the property listed herein is exempt from execution or attachment under the applicable exemption provisions and seeks a judicial determination to prevent an unlawful deprivation of exempt assets.

NOW THEREFORE

Petitioner respectfully petitions the Court for an order declaring the property described below to be exempt from levy, execution, attachment, or other collection efforts by Respondent, and in support thereof alleges as follows:

1. JURISDICTION AND VENUE

This Court has jurisdiction over this Petition and the parties pursuant to the statutes and rules governing the enforcement of judgments within this court. Venue is proper in this county because the property is located in this county or Petitioner resides in this county.

2. PROPERTY DESCRIPTION

Item 1 — Description of Property

Current Market Value:   Acquired on:

Item 2 — Description of Property

Current Market Value:   Acquired on:

Type(s) of Exemption Claimed

Homestead exemption    Personal property exemption    Head of household or similar exemption

3. STATEMENT OF CLAIM

Petitioner claims the foregoing property is exempt for the following reasons: the property is necessary for Petitioner or Petitioner’s dependents to maintain minimum subsistence or the property falls squarely within the categories of property protected by the applicable exemption laws. Petitioner alleges that the total value claimed as exempt for the items listed above is $ .

Legal Basis for Exemption (statutory or common-law grounds):

4. SUPPORTING EVIDENCE

Petitioner will provide or has attached the following evidence in support of the exemption claim (check all that apply and describe):

Bills, receipts, or purchase records    Affidavit of ownership or possession    Appraisal or valuation statement

Additional exhibits and description:

5. REQUEST FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court enter an order granting the following relief:

1. That the property described above be declared exempt from levy, execution, attachment, or garnishment by Respondent;
2. That any levy, garnishment, or enforcement efforts with respect to the exempt property be enjoined and set aside;
3. That Petitioner be awarded costs and reasonable attorney's fees incurred in seeking this relief, if provided by law; and
4. Such other and further relief as the Court deems just and proper.

If requesting fees, indicate reason and amount sought:

6. NOTICE

Petitioner requests that all notices and pleadings in this matter be sent to Petitioner at the address listed above and to the following service address or representative if different:

Method of service requested:    U.S. Mail    Hand delivery    Email

7. MISCELLANEOUS PROVISIONS

Governing Law: This Petition shall be governed by and construed in accordance with the laws of the jurisdiction in which this Court sits.

Entire Agreement: This Petition, including any exhibits, constitutes the entire statement of facts and legal grounds submitted by Petitioner for the relief sought herein with respect to the property described.

Severability: If any provision of this Petition is determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Amendments and Waiver: Petitioner reserves the right to amend this Petition to add additional property or evidence as discovered. No waiver of any provision is effective unless in writing and signed by the party granting the waiver.

VERIFICATION

I, the undersigned Petitioner, declare under penalty of perjury under the laws of the applicable jurisdiction that the foregoing statements are true and correct to the best of my knowledge and belief.

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