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Recently I had money garnished from my bank account. I filed a claim of exemption. The claim was denied because it was not ..

San Francisco, CA |

not filed within 10 days the bank was served
I told them
I was never served
I'm on disability
I didn't know there was a lawsuit until Oct 15th when I went to the court house to get legal aid they could not aid me because my case is a "civil case" not "small claims"
However they did teach me to lookup my case online

the money will be given to the plaintiff first week of november

Case is in San Francisco

Does anyone know what I can do to put a stop to this by Nov 1st?

denied to file an appeal at the courthouse because i was too late
then I try to file claim of exemption at the sheriff's office, I'm too late

Because of this case, Mom's safe deposit box has a " hold status " I'm a co signer on her box. When will the hold on the box be off ? the levy on the account is closed.

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Attorney answers 1


This is not garnishment--the creditor levied on your bank account. If the only funds in the account were from disability they MAY be exempt but there are several types of disability funds.

Why were you seeking legal aid if you had no notice of the lawsuit? How did the act of "going to the courthouse" bring this to your attention?

Not only are there missing fact there is something wrong with this picture. BUT-you do need legal counsel.

Ms. Straus (aka Carroll) may be reached at 800-400-8978 during regular business hours, Pacific Time, or anytime by email at: All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts stated in the question, and are not to be relied upon as a final legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus is licensed to practice law in California. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state, and retain him or her. Me Straus provides “unbundled” services if you need specific assistance with a specific issue.



I went to the court house right after I met with the bank manager , when she told me about the levy on my bank account and the hold on my Mom's safe deposit box. Thanks for explaining a levy does not mean garnishment . Regarding legal counsel, I was directed to a non profit organization for a 2nd time...and they me able to find pro bono help but I am not sure how long I need to wait.

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