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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.

Attorney Answers 1

  1. 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)

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