6-30/202.20 Wrongful Death



Until final and not appealable a cause of action for wrongful death is exempt without making a claim although it is subject to a lien.  (CCP 708.410).  If the award arose out of the wrongful death of the judgment debtor’s spouse or a person on whom the judgment debtor or the judgment debtor’s spouse was dependent, the award after settlement or final judgment is exempt upon filing a claim to the extent reasonably necessary for support of the judgment debtor and the spouse and dependents of the judgment debtor.  If an award meets the previous criteria, but is payable periodically, the amount that may be applied to satisfaction of a money judgment is the same as may be withheld pursuant to an earnings withholding order. (CCP 704.150)