Question re: Claim of Exemption

[dbar2]

What is the name of your state? California

Hi - I just got served a Writ of Execution (Money Judgment).
It was processed by the Superior Court of California.
The plaintiff is a major credit card company.

It was for an outstanding credit card debt of $7000.
It is several years old now (the debt) and I have been unemployed
on and off. When I have had a job, the money has gone purely
to living expenses ie rent, groceries, utilities, gas etc. There
hasn't been enough left over to make payments.

A few days ago I had $1888 in my checking account and with the
bank fee, it all got removed, leaving me with minus $14 (-$14).

That was my rent and grocery money for this month.
I found out about the Claim of Exemption form, but am
not sure what to list as the 'Type of Property'. I am trying to
get this money back- I need it!

The $2000 odd was from my dad who helps me out on occasion.
So therefore would the property be 'Financial Assistance : Charity
CCP 704.170 ' ?

I am looking down the list of 'Exemptions from the Enforcement of Judgments'
list and do not see any listings for 'money for basic food and shelter'..

Any help much appreciated,

Sincerely,
Dbar2

 

[Ladynred]

In general CASH in the bank is fair game. IF any amount of that money is exempt, it would fall under PERSONAL PROPERTY only. You cannot claim it as 'charity' because your father loaned you the money.

You have a judgment against you. You were sued. Surely you had some idea they would want to get paid at some point in time ??

You can appeal the bank levy and might be able to claim hardship and maybe get some portion of it back. Unfortunately, I think it's gone for good unless the CA exemptions let you cover part of the cash.

 

[dbar2]

Thanks for the response. No- my dad gave me money not as a loan. He doesn't
want it back. Would this work as Charity? I need the money to live on.

 

[Ladynred]

No, it is NOT charity, your father is not a Church, the United Way or any other charitable organization.

Appeal the levy, you may get some headway if you can prove hardship but don't get your hopes up too high.

 

[dbar2]

Cheers. Thank you.