Legal Question in Credit and Debt Law in California

claim of exemption

I am trying to fill out a claim of exemtion form on a judgment.This sept it will be up in 10yrs.The collection agency 2yrs ago tried to garnish wages.But it was terminated because they never filed a notice of oppostion.now they bank levy me and I am trying to figure out if what was in my acct, was my direct deposit from employer can I put on claim of exempt earnings or cash? CCp 704.070..Can that all be exempt if it is needed to support family?Can the creditor try again if I added a third party to acct?ANd can they put a lein on a house if I am a co owner? please help deadline to return is coming up.


Asked on 3/07/03, 6:48 pm

1 Answer from Attorneys
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: claim of exemption

Half of your salary is automatically exempt from execution. The remaining one half can be exempted if you apply for it based upon need; Up to $5,000.00 is exempt in a Savings and Loan account. Your real estate interest, however, is not exempt and is reachable by your creditor(s). After ten years, unless the judgment is renewed, the judgemnt and liens based upon it, are extinguished

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Answered on 3/08/03, 12:49 pm


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