Bank account levied, took my payroll check. I claimed exemption CCP 704.070. Does that apply to bank levies or just wage garneshment?
No, your wages are not exempt. Bankruptcy can stop the process.
All of Ms. Straus’ responses posted on Avvo are intended as helpful information, based solely upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 33 years. Ms. Straus regrets that she does not provide follow up free advice via email. Good luck.
You can exempt part of your wages. However, I strongly encourage you to meet with an experienced bankruptcy attorney who can review your situation and advise you accordingly. If you qualify for bankruptcy you can discharge the judgment giving rise to the wage garnishment as well as other debts that you may have.
The code section you claimed applies to wage garnishments only. There are very limited exemptions for cash in a bank account (e.g., social security, disability, federal retirement, etc.), and then there may be limits on the amount that may be exempt.
It may be possible to set aside the judgment, but many (many!) more facts are required before this determination can be made. Bankruptcy may also be an option.
You should consult with either a bankruptcy attorney or a judgment enforcement attorney.
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. Nothing in the above statements should be construed as an agreement for legal representation and unless there is an express representation agreement in writing between you and this firm, this firm does not represent you in your matter. Comments made on a public forum, such as Avvo.com, to not have any confidentiality because others may read them.
This is exactly the right code section to use to exempt your bank account for 75% of wages paid in the 30 days prior to the levy. If you are already under a wage garnishment then the exemption is 100%. This applies to bank levies. It parallels the law on wage garnishments which you will find at CCP 706.010 and following.
If you find this answer helpful, please say so. This is a general response to a general question posted openly on-line. Answering this question does not create an attorney-client relationship or any obligation on the part of the attorney to take any action or respond further. There are often deadlines, time limits and procedures which must be followed to enforce legal rights or handle a case. The failure to take appropriate action as provided by law may lead to the loss of rights. If you would like to hire Mr. Bradley you will need to arrange a consultation and enter into a written fee agreement with him.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline