Necessaries of Life

A judgment debtor may not claim the Code of Civil Procedure (CCP) Section 706.051 exemption for earnings necessary to support the judgment debtor or the debtor’s family if the debt was incurred for the common necessaries of life for the judgment debtor or his or her family.

Courts strictly construe “common necessaries of life” to mean only essentials all persons commonly required to sustain life, regardless of the person’s employment or status. An car is not a common necessary of life.

An attorney fee awarded to the wife’s attorneys for securing spousal support is a necessary of life and is not exempt.

Hospital services furnished to the debtor or debtor’s family are common necessaries of life.