Notice of Levy received yesterday - UNITED MERCHANTS (BANK OF AMERICA)

[autismfamily]

What is the name of your state? California.

This card was used during my first marriage between the years of 1986-1989. I left first husband in Jan of 1989 and received judgment for this credit card as the sole debtor in 1992.

I was unemployed at the time and never did anything about it. I never got another notice in mail or letter until 1999, which was right after I noticed that the card left my credit report and I thought it was all done.

Then in 2001 I got a letter in mail for renewal of judgment. I called them and did not have to appear in court and made sporadic payments here and there.

Yesterday I received the levy from the sheriff's dept. I need to fill out the claim of exemption and cannot seem to figure out which form it is. I printed out

982.5(15) Claim of Exemption and financial declaration (Wage garnishment - state tax liability)

EJ-160 Claim of Exemption (enforcement of judgment)
982.5(5) Claim of exemption (wage Garnishment)

The document sent to me says notice of levy (enforcement of judgment)

it shows Pasadena Court with the Sheriff in Inglewood
The writ of execution is filed with Glendale and the figures are off.
They do not concur with what I found online under the summary from the case number and then the original case number. This lists the interest payment as part of the total judgment and then the interest is not accurate. Plus there is no listing of my payments and something about the minute order being sent that I never got, but never went to court so maybe that is why I did not get it.

The letter was mailed to me and lists the name of the bank above my name and address and states them as garnishee and me as judgment debtor.

The property to be levied as follows: LEVY ON ANY & ALL MONIES, BANK ACCOUNTS, SAFE DEPOSIT BOXES, ETC STANDING IN NAME OF JUDGMENT DEBTOR SS#

The first case number should have been in small claims court since the amount was $2164 and now is $6798.

There is a huge gap from 1992 to 1999 and the case data shows nothing happening. Why did they wait so long to come to me after the judgment?

I am guessing it is too late to mention that the card in question was used during a marriage that dissolved.

My kids both are on SSI and I would like to know what all I claim on the exemption. The forms I filled out do not seem to have enough room for the exemption numbers and someone told me to fill out an income statement but I cannot find one at the site.

If they take what we have I will have to go back on welfare so I presume I should mention that exemption just in case. Also I just got a used minivan on ebay motors that I paid with my income tax - first time in seven years I did a return and was not expecting any money. I did my taxes on April 15th and then was under the impression I had to spend the money within the month or forfeit my kids SSI since my income was over $2,000.

I found out when I called to report the money to SSI on the 10th day of the month after receiving the money that it was not necessary. Well the money is gone now.

The letter that I found from United Merchants (agency for Bank of America) shows that in 1999 they were offering me to pay just the amount I owed (26xx.xx) so even though there was a judgment they went with that amount.

How can I get them to offer that again and try to work with them on resolving this. I need the vehicle to get my kids to summer camp and also to school. The bus was a nightmare for nine months after the other minivan died.

I was on hold for 35 minutes trying to get some advice from Legal Aid. I am in Los Angeles and the wait times are always high no matter who you call!

Besides each child getting SSI for their own disability they also get social security off the fathers disability record. Those amounts are used to pay the rent, insurance, phone and cable and food.

The reason for taxes the first time in several years is because I get paid through IHSS in home supportive services to provide health and protective supervision of my disabled younger son. The stipulation is that you must get SSI. The current terminator Gov tried to demolish this program and is now trying to get federal funding and also wants to roll back the wages to minimum wage. This whole IHSS system is still up in the air. IF that folds we would have to go back on food stamps and welfare to get by.

Earlier in the year I contacted fast cash to get a loan and they denied me and then some financial person called me and he looked at my credit report and wanted me to enroll in a two year program to clean up my credit and in the end he said he did not recommend that for me since we have no real money and IHSS is up in the air.

SO my question is would the sheriff go after just the IHSS and get 25% of that? Would they do that for each check - 2 a month, and what about our security deposit for this rental house we are in,and the vehicle to take my kids to therapy and camp and school?

I looked online and is it possible for me to get an advance for 2005 EIC, there is a form to fill out for 2004 still till December

http://www.irs.gov/pub/irs-fill/fw5.pdf

I got my refund already and not really sure, but the refund was basically the EIC and extra child credit. That would be close to four grand and be a good chunk of this balance.

Thanks for reading thus far and any advice. I have been reading a good part of the day here and missed out on not knowing of its existence until now and my google search.

Last year I went through a child visitation battle, but with my research and all I won and the father who is paranoid schizophrenic needs to produce letter from Dr stating on medication and have supervised visits in my home , take classes to learn about autism and be in some sort of therapy. They also recommended he shave his beard since it bothers my kids.

Bonnie in Los Angeles

 

[Ladynred]

Bonnie,

The exemption form you need to fill out is the Judgment enforcement form- EJ-160 Claim of Exemption (enforcement of judgment). It should give you a list of what the exemptions are that you can claim. Your mini-van is likley exempt, and the children's SSI funds (up to $2425), if in your bank account, are also exempt. Just make sure you have documentation to prove the source of the funds.

I would *think* that the IHSS, being government funding, would be exempt as well, but we're going to have to have a CA lawyer answer that question. I have posted a message (on another board) to a CA lawyer, he should know the answer.

The CA exemptions do state the following :

Public Benefits
* Aid to blind, aged, disabled, AFDC (Aid to Families with Dependant Children)

Why they waited 10 years to enforce the judgment no one can know. They did renew it, so someone was on top of it otherwise the judgment would have just died.

I'll post back when I have some answers on the IHSS money. You DO need to fill out the exemptions form though.

**********edit **********
Looks like you ARE going to need to submit a financial statement - per the CA statutes:

703.530. (a) If property is claimed as exempt pursuant to a
provision exempting property to the extent necessary for the support
of the judgment debtor and the spouse and dependents of the judgment
debtor, the claim of exemption shall include a financial statement.
(b) The financial statement shall include all of the following
information:
(1) The name of the spouse of the judgment debtor.
(2) The name, age, and relationship of all persons dependent upon
the judgment debtor or the spouse of the judgment debtor for support.

(3) All sources and the amounts of earnings and other income of
the judgment debtor and the spouse and dependents of the judgment
debtor.
(4) A list of the assets of the judgment debtor and the spouse and
dependents of the judgment debtor and the value of such assets.
(5) All outstanding obligations of the judgment debtor and the
spouse and dependents of the judgment debtor.
(c) The financial statement shall be executed under oath by the
judgment debtor and, unless the spouses are living separate and
apart, by the spouse of the judgment debtor.

The following are the exemptions for deposit accounts for SSI and 'public benefits (a 'deposit account is when SSI or public benfit monies are directly deposited):

(b) A deposit account is exempt without making a claim in the
following amount:
(1) One thousand two hundred twenty-five dollars ($1,225) where
one depositor is the designated payee of the directly deposited
public benefits payments.
(2) Two thousand four hundred twenty-five dollars ($2,425) where
one depositor is the designated payee of directly deposited social
security payments.
(3) One thousand eight hundred twenty-five dollars ($1,825) where
two or more depositors are the designated payees of the directly
deposited public benefits payments, unless those depositors are joint
payees of directly deposited payments that represent a benefit to
only one of the depositors, in which case the exemption under
paragraph (1) applies.
(4) Three thousand six hundred fifty dollars ($3,650) where two or
more depositors are the designated payees of directly deposited
social security payments, unless those depositors are joint payees of
directly deposited payments that represent a benefit to only one of
the depositors, in which case the exemption under paragraph (2)
applies.
(c) The amount of a deposit account that exceeds the exemption
provided in subdivision (b) is exempt to the extent that it consists
of payments of public benefits or social security benefits.

 

[autismfamily]

Thanks for the prompt reply! Are the SSI figures based on one month, it does not really specify from my understanding.

I am not sure which one pertains to me since each kid gets an amount and I am the payee on both. Then they get the Social Security where I am the payee. So basically each kid gets two checks and I am the payee.

I have many files still from Family Law and one of them is called Income and Expense Declaration (Family Law) 1285.50. Probably cannot use that, but do I just write a statement and then I could follow this format? Or is there a specific form number for the income/financial statement I need to submit?

I owe many creditors, but have not been able to pay. Do I list those as well under creditors?

The EJ-160 has a small line to list the exemptions. I will have to print small since I know I need to include a few like auto, appliances, furniture, SSI, welfare and not sure about homestead since I did not read pre paid rent and security deposit in that section.

Thanks

Bonnie

 

[Ladynred]

The format of your financial statment from the family court should work, so yes, use that as a guide.

Definitely list all expenses and liabilities (debts), as it goes to your total financial picture.

Since you rent, you don't have a homestead. For the exemptions, on that tiny line (absurd), write 'see attached' then write out your total exemptions on a separate piece of paper.

I don't believe they can touch your security deposit, it should be in an escrow accout held by your landlord.

The deposit account exemptions go to what's in the bank now. You should have ample proof that the source of the funds is from exempt sources.

 

[autismfamily]

I lucked out and found the credit report an agency faxed me this past January so that will help me list my debts.

I had forgotten that the state of NJ has a lien on me since 1996, stemming from unemployment after I had a baby and then the temp agency called me to work on a snow day and I could not so they fought the unemplyment and I had planned on moving back to CA since I was 7 months pregnant and could not stay in the state.

That is almost 2700. I believe that should be worked on next. My next question is that I see something referring to when the levy is attached.

Does this mean after we go to court to discuss the payment and levy, etc, as well as the claims of exemptions?

I found on another great site this: ENFORCEMENT OF JUDGMENTS

http://www.fullertonlaw.com/EnforcementofJudgmentsWebReady.htm#LEVY

"This is something lawyers and clients need to think about when filing suit. The “caption” on the first page of the lawsuit normally lists the defendant’s names. If you win the lawsuit, this caption will normally dictate the names of the defendants on the judgment. If your judgment is in a name different from the property owner, the judgment will not attach until you take an additional step to change the judgment name. It is good to perform asset searches before you file suit to think ahead towards judgment enforcement, starting with obtaining a judgment in the same name as potential enforcement property."


This judgment is in my first husbands last name. I got married a second time and have another legal last name, same one my kids have. So how could they levy my bank accts with another name?

Should there be another document from them mentioning my actual name as the above quoted reference states?

Also I have read a lot on the internet tips for those seeking judgment and the debtors that they change banks as soon as they get the levy.

I am too nervous to do that, plus I would have to contact SSI about four accts and open at another bank, etc. It seems the creditor expects that.

"The bank account is frozen upon service of the garnishment on the bank. The bank will not allow the debtor to take any funds out of the account once the judgment lien has attached by service. The garnishment will include deposits made after service."

So what does attached by service mean and when does this take effect?

" It is normally a bad sign for a creditor if a debtor actually shows up for debtor’s interrogatories. This usually means the debtor will be able to tell the truth and report that the debtor has no assets and a long list of liabilities. The debtor has then fulfilled all obligations under the summons."

Since I am going to send the claim of exemption on Monday, does this mean another step would be debtor's interrogatories? Or is that later on?

And lastly, from this article online:

http://www.nolo.com/lawcenter/ency/article.cfm/ObjectID/6A184E30-7D2C-4F64-AF8DF56181033A9C/catID/697A614B-B8AD-43EB-BE4B39DA5E65686B


"Some of the money in a deposit account may be exempt -- protected from creditors. If you try to levy on an account containing exempt cash, it is up to the debtor to object in court and prove that the money came from an exempt source. Few debtors file such a claim. Even if the debtor does, it's possible that the debtor has some exempt money but mixes it with non-exempt money and cannot prove that the money grabbed came from the exempt source."

Is this the same claim I am filing, or is there another one for after the fact that they took money that was exempt? Is there a form and procedure I need to follow if they take SSI before I get to court?

ON the one hand I do not see how a bank would let them take money for my first name with another last name from accts that have minor children listed and only receive SSI funds.

I think I better contact my landlord and let him know I might have problems with rent and be late?

Thanks again for the response. Sorry for many questions within one post.

The web has such good data available for us comsumers and great people who are interested in assisting and sharing tips.

I should learn quite a bit here and think this is a worth while board to continue with.

Bonnie

 

[Ladynred]

Does this mean after we go to court to discuss the payment and levy, etc, as well as the claims of exemptions?

Not necessarily. Filing your exemption claims may simply preclude a court hearing. If a hearing is to be set, you will be notified.

This judgment is in my first husbands last name. I got married a second time and have another legal last name, same one my kids have. So how could they levy my bank accts with another name?

Social Security Numbers - your bank likely has yours attached to whatever name you use and the same probably holds true for the judgment itself. Your SSN isn't going to change.

Also I have read a lot on the internet tips for those seeking judgment and the debtors that they change banks as soon as they get the levy.

Bad idea, because the courts can still get that money back. Its considered a fraudulent transfer and the courts can reverse it.

So what does attached by service mean and when does this take effect?

The service of the levy on the bank by the sherriff - the bank has no choice in the matter, its a court order. So, it takes effect as soon as the attachment order is served on the bank.

Since I am going to send the claim of exemption on Monday, does this mean another step would be debtor's interrogatories? Or is that later on?

Its possible they could still do a debtor's exam via interrogatories or court hearing, but since you have to attach a financial statement with your exemptions, I doubt the debtor's exam would be necessary. Its impossible to predict what the judgment creditor will do.

Is this the same claim I am filing, or is there another one for after the fact that they took money that was exempt? Is there a form and procedure I need to follow if they take SSI before I get to court?

Yes, its the same claim you are filing. The exemption claim should prevent them from taking any money out of your account as long as all of it is from an exempt source.

ON the one hand I do not see how a bank would let them take money for my first name with another last name from accts that have minor children listed and only receive SSI funds.

Its not a matter of the bank LETTING do anything, its a court order and they will likely use your SSN as additional identification. If they present a levy by name alone and the bank cannot come up with an account in that name, then the levy may not go thru immediately. The fact that minor children are listed probably doesn't mean much since your name is primary and you are who they're after.

You might want to contact your bank and be sure that they know the source of the funds in the account are direct deposited from EXEMPT sources.

I think I better contact my landlord and let him know I might have problems with rent and be late?

Probably not a bad idea, a little CYA never hurts.

 

[autismfamily]

Thanks again for timely response! Since the monthly cut off date has passed to make changes with SSI, should I call them and beg not to send the direct deposits later this week?

And would it be in my best interest to have them redirect the checks via mail instead of direct deposit, than there would be nothing coming into my bank at all?

Bonnie

 

[Ladynred]

Get your exemptions and paperwork filed w/in the 10 days required, that is your best course of action. The court is giving you this time to get your exemptions in before any action is taken.

DO NOT stop the direct deposits. The direct deposit pretty much guarantees the exmption of the funds. If you have checks delivered to you, then the exemption of those funds will be harder to prove. I know it sounds backwards, but in this case, the deposit account is in your favor.

 

[autismfamily]

ON the form EJ-160 I put this down:

4.The property to be exempt - see attachment 1
5. The property code - see attachment 1
6.The facts which support this claim are (describe) - Both dependants are disabled. SSI payments are used for rent.
7. checked the box for
the claim is made pursuant to a provision exempting property to the extent nexessary for the support of the judgment debtor and dependst of the judgment debtor. A financial statement form is attached to this claim.

I checked both boxes for 8 a and b. Motor vehicle, books, furnishings, etc.

I did not check 9 since it is about life insurance policies and I do not have any.

There is a spot at top for Levying officer file no. - I do not see one anywhere, do I call them for it???

My attachment 1 is the exemptions and financial statement will be attachment 2.

Attachment 1:

automobile - 704.010
books - 704.060
social security deposit acct 704.080
furniture - 704.020
appliances - 704.040
social security - 42 USC 407
Health insurance - 704.170
Personal effects - 704.020
cash - 704.070
health aids - 704.050

I was not sure about prosthetic devices - (I wear dentures, should I put that down so they do not try to take my teeth)

Did I cover all the exemptions?

Now I cannot get the adobe reader to open up, some plug in problem so downloading it all over again. Yesterday my printer was all messed up and now this.

I am trying to decide if form EJ-165 is for financial statement, since the other one I got says for wage garnishment and this form for claim of exemption EJ-160 states NOT FOR WAGE GARNISHMENT.

Is what I wrote for #6 about dependants sufficient, or do I need more data?

For the financial statement - do I need to list the children's savings acct numbers?

I have a form that I got from creditreporting.com that shows a figure I owe at 11 grand - can I send that as an attachment too?

Thanks again for all assistance, tips and advice. Oh and it will be mailed tomorrow at post office, but the paperwork I got said 15 days if it was mailed, 10 if delivered.


Bonnie

 

[Ladynred]

The CA lawyer just responded to my question about the IHSS funds. His response:

A lawyer needs to write the Bank a letter describing the exempt funds before any levy happens.

He then provided the following link to a huge directory of CA Legal Services:
http://www.pic.org/resx/direclsp.htm

As for your exemptions, make sure you also put down the total $$ amount for the exemptions you are claiming, along with the applicable code section.

6.The facts which support this claim are (describe) - Both dependants are disabled. SSI payments are used for rent.

For this, I would simply say "both dependants are disabled and all SSI and IHSS funds are used for their care and support." That should be sufficient.

Prosthetic devices - believe me.. they're not gonna take your dentures - who would buy them at an auction ?? I think that's more for things like artificial limbs and such.

Children's savings accounts - I presume your name is on the accounts ? If so, they would be considered an asset of yours and could be vulnerable as such. How are the accounts set up ?

I have a form that I got from creditreporting.com that shows a figure I owe at 11 grand - can I send that as an attachment too?

You could, but if it contains account numbers, I would either black them out or just copy the details off to a separate sheet. Does it also show what the monthly payment is ??

There is a spot at top for Levying officer file no. - I do not see one anywhere, do I call them for it???

I don't think there's any need, that's probably for the court to fill out.

 

[autismfamily]

What exactly is the dollar amount I list with the codes. The attachment does have the name and the code, but no amount.

Is the amount based on one month like the financial statement?

Thanks for the response from the CA lawyer on IHSS and the link. In all my searches I had not seen that site before!

For furniture and the auto - how do I figure out a dollar amount on those? Is there a site that gives you the value of them?

Oh I thought I was just about done with the form!

edit - the code descriptions like the ones in post #2 - do I need to figure out which subsection each code is and use that as my amount guideline? Like SSI which one do I use, looks like the third one might be the one.

So basically on the attachment 1 which is the exemptions I have listed:

Automobile 704.010 (a) $2,300

Do I mention the (a) or does 704.010 encompass (a - d)?

This is where I am confused. LIke for books and furniture there are many figures. I just do not want my sons dinosaur books and my autism books taken. Then for health aids, my non -verbal son has many communication items that I bought on ebay and also insurance provides 5 cases of diapers. So would I have to attach a figure to the diapers and make sure they do not take them?

This is far more confusing than I first thought.

Bonnie

 

[autismfamily]

One more thing I meant to ask after re-reading the response. What the CA lawyer mentioned, would that be the lawyer for the creditor since I do not have one?

Where would I find more data on that online, if there is anything pertaining to that step.

Thanks again for your following up on this.

Edited to mention children's savings accts. They are set up the same way as the SSI payment. I am the trustee of their accts and the only money is their SSI payment. They have to be separate and I had to get the wording on the accts from SSI and work with bank on making sure they were done properly.

Bonnie

 

[autismfamily]

I surely hope this is my last question. I thought the forms would have been done hours ago but now my printer is not working and I was busy downloading the adobe two times at one hour each download and still not working.

Anyway the question is that I am working on obtaining funding for the summer autism day camp my kids will go to. The state and the camp has separate funding. Is this covered than as exempt under public assistance since the same number is listed for charity.

Can they take the money from the CAMP that is to pay for the kids to go?
Should I tell the CAMP about this levy situation?

This crisis never ends.

Bonnie

 

[Ladynred]

Ok, here are the $ amounts that can be claimed in your exemptions:

704.010. (a) Any combination of the following is exempt in the
amount of two thousand three hundred dollars ($2,300):
(1) The aggregate equity in motor vehicles.

(c) For the purpose of determining the equity, the fair market
value of a motor vehicle shall be determined by reference to used car
price guides customarily used by California automobile dealers
unless the motor vehicle is not listed in such price guides.

704.020. (a) Household furnishings, appliances, provisions, wearing
apparel, and other personal effects are exempt in the following
cases:
(1) If ordinarily and reasonably necessary to, and personally used
or procured for use by, the judgment debtor and members of the
judgment debtor's family at the judgment debtor's principal place of
residence.

704.040. Jewelry, heirlooms, and works of art are exempt to the
extent that the aggregate equity therein does not exceed six thousand
seventy-five dollars ($6,075).

704.050. Health aids reasonably necessary to enable the judgment
debtor or the spouse or a dependent of the judgment debtor to work or
sustain health, and prosthetic and orthopedic appliances, are
exempt.

The value of your personal property is fair market value - not replacement cost. It would be about equivalent to what you'd pay in a 2nd hand store.

Kids Savings - if they're set up for the SSI ONLY, then make sure you list them and use the same wording from SSI when you set them up to explain the accounts.

Lawyer - Not the creditor's lawyer - you would need to get you OWN lawyer, that's why he gave us that huge list of legal services.

If its state and/or public funding, then it should be exempt, just like the rest of the money.

Before you re-install the Acrobat Reader, make sure you REMOVE the old copies first. Go to Control Panel, Add/Remove Programs, and choose the Acrobat Reader. Then try re-installing Acrobat (I was in IT for 20 years as tech support ).

 

[autismfamily]

Thanks again for the response. I thought about deleting the reader program and will do that later tonight.

During my searches it dawned on me to look up the website for the Sheriff and I got some good information there.

"LEGAL NAME OF DEBTOR

The Sheriff cannot levy on a debtor's property unless the debtor is properly named. The legal name of the debtor is very important. For instance, a fictitious business name (dba) is purely descriptive and is not a legal name. If the writ of execution lists the debtor as "John Smith dba Smith Plumbing," the legal name of the debtor is John Smith, not Smith Plumbing. "


The following information is helpful in coming up with the amount to list for SSI:

"WRIT OF EXECUTION

If the judgment debtor does not pay the judgment, you may obtain a writ of execution and three copies from the court clerk. The writ gives the Sheriff the authority to seize property of the judgment debtor and is valid for 180 days after its issuance."

So I could calculate what the kids get for SSI and Social Security and see what the amount would be for a six month period, correct?

I forgot there is a working person's law center down the street from me and taking kids there tomorrow for a professional opinion on my forms and maybe I could get a letter from one of them, never know - but worth a shot and they have a sliding fee scale.

The kids do get two payments though, one from SSI and one from Social Security, so those need to be figured out as two separate payments for each dependent, or would I figure each dependent separately or the SSI for each counts as one figure and the Social Security for both counts as one figure.

So the question is - each kids two payments figured as one amount for an exemption or
one amount for SSI (add each kids amount) and one for Social Security combined

I can ask tomorrow at the law center if they let me in once my two kids get inside! It could be pandemonia and like the library we could be kicked out. I got kicked out of a Doctors office since my son was bothering the elderly patients, yet the disability act did not matter since my son is disabled and cannot change his character and he is on meds.

I did look at the kelly blue book and they had two prices one value and one for trade in.

there are no figures listed in 704.020 and 704.050 - what type of ball park figure do I list? Is there a maximum?

If my form is considered incomplete due to not all figures listed or say I missed something, what steps are then taken, does the sheriff send it back to me, who determines the completeness of the claim of exemption?

I think that about does it, or at least I hope. I have to fill out the 2003 renters assistance claim booklet for each kid since their SSI goes for paying rent. The 2003 forms are due by end of month and then I can order the 2004 forms. At least I am generating some type of income, probably go to the creditor, but every bit helps.

Thanks for all the assistance.

Bonnie