Legal Question in Credit and Debt Law in California
In Orange County (CA) Superior Court/Sheriff's Department, is there a form for a third-party claim of exemption? I tried filing a EJ-160, but they would not accept it. They told me that I needed to file something with my name, address, the case number, officer file number, then a statement of my claim, but would not tell me anything else. In the end, I ended up writing by hand a "claim" with the information mentioned above with "Pursuant to CCP Code 720.130, I claim that the money in its entirety in the bank account at ABC, (account #:1234567890) in the amount of $x are mine; and are from my earnings or from third-parties remitted to me and not my sister Jane Smith, the judgment debtor." and signed it. And they let me "file" that, but the Superior Court clerk sent me a "Notice of Action Taken" stating "We are unable to process your request for the reason(s) indicated below: Every effort has been taken to locate all errors. Please re-check your documents for additional errors before returning to us. Other: The 3rd party claim received on 12/17/2012 does not meet the full requirements needed. Please amend the claim and resubmit." with my original statement attached. No mark ups and no other comments. What are the full requirements and what do I need to do to get this third-party claim filed? Background: a man sued my sister got a default judgement and a bank levy against "her" account. She and I are "joint account holders" even though it's mine 100%, and she's only on it so that if she gets checks in her name, I can deposit them into my account to send to her as she is not in the US. I can prove the money isn't hers. Is what I need, the support for the bank account? Thank you!
1 Answer from Attorneys
The Napa County website provides some good guidance: http://www.countyofnapa.org/Pages/DepartmentContent.aspx?id=4294969466
You should also read the entire Code of Civil Procedure Division on Third Party Claims - C.C.P. sections 720.010-720.800.