• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

How to declare exemptions PRIOR to any levy

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Catalina_

Junior Member
What is the name of your state (only U.S. law)? Calif.

Isn't there a way to declare exemptions before a levy occurs? I found other states that offer this option, but nothing in CA. Everything is based on AFTER a levy or garnishment, which is ridiculous because after a bank account is levied, even if it is exempt, it is rendered locked and causes a huge amount of stress, anxiety, not to mention possible financial disaster if someone's rent, etc. can't be paid.

Does anyone know how I can preemptively declare exemption? Can I use the declaration form MC-030, or can that only be used in conjunction with other forms?

Thank you
 


adjusterjack

Senior Member
Isn't there a way to declare exemptions before a levy occurs?
Homestead is the only one I can think of. Personal property and money - No.

I found other states that offer this option, but nothing in CA. Everything is based on AFTER a levy or garnishment, which is ridiculous because after a bank account is levied, even if it is exempt, it is rendered locked and causes a huge amount of stress, anxiety, not to mention possible financial disaster if someone's rent, etc. can't be paid.
Get your money out of banks as soon as you get served the lawsuit. If you didn't do that I don't know what to tell you.

I wonder how much stress and anxiety the creditor had when he didn't get paid and had to go through all the trouble and expense of suing and getting a judgment.

Does anyone know how I can preemptively declare exemption?
Sure. File bankruptcy.

Can I use the declaration form MC-030.
No.
 

Catalina_

Junior Member
Thanks for the response.

The creditor is a debt buyer with literally thousands of cases. His attorney makes it a point to put people through pain and stress.
 

adjusterjack

Senior Member
And I made it a point to put my tenants through pain and stress when they stiffed me out of money.

Doesn't matter who is coming after you. If you owe it, you owe it, and your options are limited.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top