Filing the EJ-160 Claim of Exemption

[hrdwrkstudent]

What is the name of your state? CA

I am filing a Claim of Exemption, form EJ-160, and the financial statement EJ-165, to counter a bank-levy on a money judgement. My question: where do I file it? I want a second opinion.

Here are the facts:

The judgment was made by a court in Tulare County, and this appears on the Writ of Execution (Money Judgement). However, on line 1 of the Writ of Execution, it states: To the Sheriff or Marshal of the County of: Sacramento.

And on my Notice of Levy under the Writ of Execution, the Levying Officer is listed as the Sacramento County Sheriff. The court is the Superior Court in Tulare County (this is the court where the judgment was originally obtained by the creditor). The bank under levy is based in Sacramento.

On form EJ-160, it states: The original and one copy of this form must be filed with the levying officer. DO NOT FILE WITH THE COURT.

Thus, to all appearances, I ought to file the form with the Sacramento County Sheriff. But I have been advised that I ought to file with the Tulare County Sheriff. Which is it?

Thank you in advance.

hrdwrkstudent

 

[hrdwrkstudent]

JETX You file it with the court that issued the order.

Thank you, but:

Form EJ-160, states quite clearly: "RETURN TO LEVYING OFFICER. DO NOT FILE WITH COURT."

In fact the form says it twice.

Gratefully Yours,

hrdwrkstudent

 

[JETX]

Gee, you dumb idiot.... YOU FILE IT WITH THE LEVYING OFFICER!!! Your own post says that you should file it with the Sheriff in Sacramento!!!

What a friggin' idiot.....

 

[hrdwrkstudent]

a reply

I'm not interested in trading insults. I am only interested in submitting my paperwork correctly.

I had been advised to submit the paperwork to the Sheriff's office in the county from where the judgment originated, rather than to the county sheriff's office levying the account. The forms themselves seem to indicate the latter, but I want a second opinion from someone who is knowledgeable.

I do not have much time left to submit my claim. I will not be able to meet with an attorney until Tuesday. The window for submitting my claim ends this Friday. Sacramento is a long ways away, I would prefer not to have to send documents like this in the mail if I can help it.

And so, if anyone could help advise me, I would be very grateful.

hrdwrkstudent