How do I fill out a levy exemption as a spouse (non-debtor)?

Asked over 1 year ago - Orange, CA

My wife had a judgement filed against her for a credit card. There was a levy placed on her bank account (in her name only) and my bank account (joint). About 5% of the levy came from her account, the other 95% came from the joint (my) account. My wife does not work so has $0 income. I am the only one in the family of 4 with any income. I am filling out the paperwork for an exemption based on the CCP 704.070 25% rule. How do I fill out the Financial Statement EJ-165 if she has $0 income? Do I also need to fill one out as the spouse?

Attorney answers (1)

  1. Robert E. Vosburg

    Contributor Level 10

    Answered . You should consult with an attorney when determining the exemption to claim. You must also file the claim of exemption quickly. You only have 10 days from the date of service of the notice of levy. Also, I believe that EJ-165 has space for both spouses to fill out their incomes and for both of your signatures. Have an attorney review your case and help you determine the proper response.

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