Bank Levy Exempt

[Leolfw]

My bank account was levied and I filed exempt form ej160 stating exempt CCP 704.070 (Wages).
The creditor has responded with CCP 704.070 is for wage garnishments and since it was a bank levy it does not apply.
Is this true? I cant find anything that states it is only for wage garnishment and every place only states to use it for bank levy exempt.

 

[Zigner]

My bank account was levied and I filed exempt form ej160 stating exempt CCP 704.070 (Wages).
The creditor has responded with CCP 704.070 is for wage garnishments and since it was a bank levy it does not apply.
Is this true? I cant find anything that states it is only for wage garnishment and every place only states to use it for bank levy exempt.

Why do you contend that your wages are exempt from a bank levy?


ETA: This relates to California law

 

[Leolfw]

Because no money was in the account until the day of the levy and my entire wages where taken, isnt that the point of CCP 704.070 to protect my wages from a bank levy?

Yes I am in California

Why do you contend that your wages are exempt from a bank levy?


ETA: This relates to California law

 

[Zigner]

Because no money was in the account until the day of the levy and my entire wages where taken, isnt that the point of CCP 704.070 to protect my wages from a bank levy?

Yes I am in California

Do you have an earnings withholding order at work? If not, then it appears that only 75% is exempt. You will need to argue it in court.

 

[Leolfw]

Thank you Zigner, I also read that 75% are exempt online.

But I have child support taken from my wages every check and from what i was reading with a support order like that then my wages are 100% exempt, correct?

Also why would the creditor say that CCP 704.070 is for wage garnishment only not a bank levy?

Do you have an earnings withholding order at work? If not, then it appears that only 75% is exempt. You will need to argue it in court.

 

[Zigner]

Thank you Zigner, I also read that 75% are exempt online.

But I have child support taken from my wages every check and from what i was reading with a support order like that then my wages are 100% exempt, correct?

Also why would the creditor say that CCP 704.070 is for wage garnishment only not a bank levy?

Again, you'll need to address this in court.

 

[tranquility]

Again, you'll need to address this in court.

According to:
http://saclaw.org/wp-content/uploads/sbs-bank-levy.pdf

The OP has 10 days after getting the notice of levy to file a claim of exemption (EJ-160) with the sheriff's department to initiate the process to address it in court. The link describes the process from the point of view of the creditor although I'm sure there is something out there from the perspective of the debtor.

 

[Zigner]

According to:
http://saclaw.org/wp-content/uploads/sbs-bank-levy.pdf

The OP has 10 days after getting the notice of levy to file a claim of exemption (EJ-160) with the sheriff's department to initiate the process to address it in court. The link describes the process from the point of view of the creditor although I'm sure there is something out there from the perspective of the debtor.

I wonder where the OP filed the form...because he may be past that 10 day window at this point.

 

[Leolfw]

I filed it with the levy officer within the 10 day period.

So the paperwork was fine, its just the creditor is claiming CCP 704.070 does not apply to bank levies only wage garnishment.

I wonder where the OP filed the form...because he may be past that 10 day window at this point.

 

[tranquility]

I filed it with the levy officer within the 10 day period.

So the paperwork was fine, its just the creditor is claiming CCP 704.070 does not apply to bank levies only wage garnishment.

At the link you can now see the process that will take place.