Legal Question in Civil Litigation in California
Bank Levy - Claim of Exemption
Defendant filed COE stating the money in her bank account that was levyed was proceeds from a life insurance policy that was cashed in (CCP section 704.100(c)). My understanding that it is not exempt as the levy was not on the policy but on a business bank account that she is on with her son. She now states she does not own the business, he son does. Also I am to file points and authorities, what is that?
1 Answer from Attorneys
Re: Bank Levy - Claim of Exemption
Points and Authorities is a document on lined paper, double vertical lines left side, double spaced in which you state what the facts of the case are and then in following paragraphs present your legal argument supported, where you can, by legal authorities [statutes, case law, etc.]. it is a written argument as to what issues exist and way them shold be resolved in a certain way, usually favorable to you. Be sure to include a verification [statement under penalty of perjury] with the paper and/or declarations from anyone who has factual knowledge of the relevant issues. You can g to the law library at the main courthouse and look up California form of pleadings and practice for some examples, or look at a case filed by someone else as it might have P & A's in it.
Insurance proceeds are protected until they are turned into normal funds, which appears to have occurred. Whether she owns the business or not does not matter, it is whether she has any ownership interest in the account.
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