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How do I file a Claim of Exemption?

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. 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
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    NOTICE: The above statements are provided for general information purposes only and are not intended as legal advice or advice of any sort for a specific case or legal matter. If you do not have a signed attorney-client fee agreement with the Consumer Law Office of Robert Stempler, APC ("the Firm"), then until such written fee agreement is provided and signed by both a prospective client and attorney for a particular case, neither Mr. Stempler nor the Firm will represent you nor will they be your attorney in any matter and you remain responsible for retaining your own attorney and for compliance with any and all deadlines and for any statutes of limitations that may pertain to potential claims. Comments made on a public forum, such as Avvo.com, to not have any confidentiality because others may read them. If you desire a private consultation with Mr. Stempler that is confidential, please go to www.StopCollectionLawsuits.com and submit a free eCase Review. The result portrayed for a client was dependent on the facts of that case. Results will differ if based on different facts. The Firm and Mr. Stempler are a debt relief agency. The Firm and Mr. Stempler help people file for bankruptcy relief under the Bankruptcy Code.


  2. 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/LawyerReferralServicesLRS.aspx