How do I file a Claim of Exemption?

Asked over 1 year ago - Long Beach, CA

I received a Notice of Levy under Writ of Execution and my bank accounts have since been frozen and seized. I need to file a Claim of Exemption but I do not know where to get the form from and also I am unsure of how to fill it out. One of the accounts that is being seized is my mother's emergency account that I was attached to just in case something happened to her - all of the money in that account was hers.

Attorney answers (2)

  1. Robert Harlan Stempler

    Contributor Level 19

    Answered . I have provided, below, a direct link to the Judicial Council forms. It appears from your posting that you'll need to prepare and sign EJ-160 and EJ-165, then bring enough signed copies to the Levying Officer of the bank levy, which is typically a county sheriff. You need to have your bank provide you with the levy papers to noow what sheriff is enforcing this judgment, as it might not be one near you, it may even be a sheriff in another county. I have also provided you a link to a related Avvo guide on wage garnishment, which has tips for preparing the forms.

    Be sure to get these papers filed with the levying officer ASAP, otherwise the funds will be released to the debt collection law firm, which will make it almost impossible to get back and if you can get a refund, it will be a much longer time frame. Next time, the funds should be in her name only, and you should only be an authorized signer on the account, not a co-owner of it.

    Robert Stempler (please see DISCLAIMER below)
    www.StopCollectionLawsuits.com
    www.facebook.com/SoCalConsumerLawyer
    Twitter: @RStempler

    NOTICE: The above statements are provided for general information purposes only and are not intended as legal... more
  2. Sandra Maria Nutt

    Contributor Level 13

    Answered . Yes, use the judicial council forms and if you're confused go to the court house and ask for their free legal services. Also use this link:
    http://lawhelpca.org/
    and
    http://www.calbar.ca.gov/Public/LawyerReferralS...

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