Notice of Hearing on claim of exemption

[coodove]

What is the name of your state (only U.S. law)? California

My checking account was levied by sheriff. I immediately filled out the claim of exemption form and showed that I received direct deposit from SSI and VA pension only. I made copies of my bank deposits showing this and sent these forms to the sheriff.

Now I've been served an Opposition to Claim of Exemption and court appearance. My bank denied the levy and advised sheriff of my SSI income. The creditor states that the bank did not prove that my income was from SSI. I did what I was supposed to do and still have to go to court? This seems ridiculous when my bank made the statement.

I called the court clerk and she said I would have to make an appearance. Any advice? It is a hardship for me to do this. I don't drive and have to pay someone to take me. I feel the creditor is harrassing me.

Thank you for your help

[CourtClerk]

If you want to clear it up, then you need to make an appearance.

I'm sure it's just as big of a hardship to have a judgment debtor have a debt they won't pay back for whatever reason, yet, the plaintiff is and has to deal with it. Guess there is enough hardship to go around.

[coodove]

Thanks courtclerk for your reply: I used to be criminal court clerk in Palm Springs years ago. However, do not know much about civil proceedings. How do I ask for a continuance on this hearing or can I?

[CourtClerk]

Originally Posted by coodove

Thanks courtclerk for your reply: I used to be criminal court clerk in Palm Springs years ago. However, do not know much about civil proceedings. How do I ask for a continuance on this hearing or can I?

When is the hearing scheduled for and in what venue were you sued? You may want to call the plaintiff in the matter and see if you can come to an agreement as to a continuance. If they are in agreement, you may be able to have them draft a stip and order or a continuance motion for you.

Other than that, you'll need to draft a motion for a continuance on your own. It'll require for you to go to court to file it, so if that's your option, you might as well appear on the first date.