Legal Question in Credit and Debt Law in California
I received a notice of levy under writ of execution(money judgement) this week. Does that mean that they are going to take money from my bank account? All the money that we have comes from my unemployment and my son's ss disability. Can they take that money out of my account?
2 Answers from Attorneys
You should have to file an exemption in regards to property that will be levied in response to the notice of levy. I don't recall off the top of my head what the limits are for income as I only recall vaguely that you can keep monthly $1,500 if its needed to support your family. Otherwise if you got notice they may levy the bank in the notice, then the sheriff will contact the bank and the bank will hand over the full amount owed.
You must indeed take action to protect the money in your account.
Disability and unemployment benefits can be exempt from execution, but you need to take steps to protect them. A complete list of exemptions can be found at http://www.courts.ca.gov/documents/ej155.pdf.
People who wish to claim an exemption must complete and file a claim of exemption form, which can be found at http://www.courts.ca.gov/documents/ej155.pdf. This form is filed with the levying officer, and not the court.