Legal Question in Credit and Debt Law in California

Re: Bank Levy by a collections agency

You can get the necessary forms the Sheriff's Department or by using the links below. The Claim of Exemption form is the first one listed below. You must fill out the form and deliver the original and one photocopy to the Sheriff's Department. Sometimes a financial statement is required, which you can find at the second link. The third link is a list of exempt property and how much equity you can protect.

http://www.courtinfo.ca.gov/forms/fillable/ej160.pdf

http://www.courtinfo.ca.gov/forms/fillable/ej165.pdf

http://www.courtinfo.ca.gov/forms/fillable/ej155.pdf

I believe you only have 10 days to fill out the forms and get them to the Sheriff's Department. The Sheriff will notify the creditor of your Claim of Exemption. If the creditor objects, they must get a hearing date from the court and notify you of the time and date of the hearing. You will then have the opportunity to explain to the judge why you need the money to live and the judge will make a ruling. If the creditor does nothing, the garnishment will be released.

Until the garnishment is released, the bank has a duty to turn the money over to the Sheriff. If your Claim of Exemption goes through, you will eventually get the money back.

The only other way to prevent the garnishment is through a bankruptcy proceeding. You should contact a local attorney to discuss this matter further.