Legal Question in Credit and Debt Law in California

Can me checking acc't be attached for a collection judgement when my only income is my social security directly deposited?


Asked on 9/11/10, 11:26 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

It can be attached to the extent that the balance in the account on the date of the levy exceeds the amounts, as adjusted, set forth in California Code of Civil Procedure, Section 704.080, which is presently $2,875 if only one person is receiving SS benefits directly deposited into the account, or $4,300 if there are two persons receiving SS benefits directly deposited into the account. This law only protects the account into which the benefits are deposited, and only to the extent of the limits set forth above. Go download this http://www.courtinfo.ca.gov/forms/documents/exemptions.pdf and this http://www.courtinfo.ca.gov/forms/fillable/ej155.pdf which contain the information cited above.

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Answered on 9/16/10, 11:39 am


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