California Court of Appeal

In a debt collection action, the trial court's ruling in favor of debtor is reversed where: 1) money that a person sets aside for the "qualified higher education expenses" of his children under Internal Revenue Code section 529 (so-called "section 529 savings accounts") is not exempt from the collection efforts under the California Enforcement of Judgments Law, Code of Civil Procedure section 680.010 et seq., of a creditor who has a valid judgment against that person; and 2) the court did not apply the proper legal standard in evaluating the exemption for private retirement accounts in finding that the debtor's retirement accounts are fully exempt from collection.

Appellate Information

• Published 2016/04/21

Judges

• HOFFSTADT

Court

• California Court of Appeal

Counsel