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Wrongful Bank Levy on Child's Bank Acct, Need Civil Code for Exemption

Los Angeles, CA |

Had acct for my minor child several years ago at CU, things went south for me financially. I was no longer a member but they kept her acct open with $5 giving her the option to change it from a minor's acct to regular when she turned 18. 2 mos ago she got a job to supplement her college tuition. There had been no activity on the acct for about 5 years until she reactivated it to put her direct deposits from wk. When she went into bank to req a ckg acct I was to be removed from her minor's acct I was obliged to be on previously. Apprently the bank didn't remove me and the levy froze her monies last friday. Doing forms myself to file 3rd party exemp but I can't figure out which civil code to put on the EJ160 line 5 to file correct exemption within 10 day period. Please help

I do have that EJ155 but confused by which property item and code to indicate. When she went into the bank, she asked to be the sole person on the account and was mishandled by the rep as she asked for checking and they gave her a savings account. I guess keeping a credit union for her wasn't a good idea as they aren't as deligent. When filing the EJ160, should I be filing the paperwork or she because she is 18? The notice from the bank was addressed with both our names from being on the account. I really can't figure out which civil code to list.

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Attorney answers 1

Posted

You need to use the link to the Cal. Judicial Council's web site and select the forms for Enforcement of Judgment. From there, I would print EJ155 and the Exemptions pages, which are filled with statutes and (bottom form) exemption dollar amounts that your child can claim and list when they prepare EJ 160, the Claim of Exemption form. Earnings and wages are exempt, based on what the judge allows. Also, this is not your child's judgment, so be sure that your child asserts this fact on the claim form. Time for your child to open a new account and not have your name on their accounts or property, until your judgments are all satisfied.

Robert Stempler (please see DISCLAIMER below)
www.StopCollectionLawsuits.com

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, APLC ("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.

Asker

Posted

I do have that EJ155 but confused by which property item and code to indicate. When she went into the bank, she asked to be the sole person on the account and was mishandled by the rep as she asked for checking and they gave her a savings account. I guess keeping a credit union for her wasn't a good idea as they aren't as deligent. When I file EJ160, should I be filing the paperwork or she?

Robert Harlan Stempler

Robert Harlan Stempler

Posted

It is her account and her money, so she should file it. Maybe you should, also. Not sure, perhaps you can ask the small claims court adviser in the nearby courthouse. I don't think you can generalize Credit Union people as not as good as bank people. It depends on whom you get and what questions are asked. I have had excellent service at credit unions and find that the accounts cost less at a CU, unless you keep a higher minimum at the bank. The codes that can be used are on the forms in my posting, above. Robert Stempler

Asker

Posted

I figured out the civil code and filled out EJ160, took to the Sheriff's to file and they said it's the wrong form and that that form does not apply to my daughter because she is not the debtor and since the money is not mine, I can't file the exemption. A man at their office gave me a sample form to file a Third Party Claim of Ownership and/or Exemption of Levied Property that needed to be a "Pleading" It looks like a letter format but had to be on a legal form that had numbers down the left side. I can't find anything on the web with more details. She had to have it filed within the 15 day period which is this Thursday. Any advice?

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