Legal Question in Credit and Debt Law in California
After filing claim of exemption on bank levy, the creditor's lawyer filed opposition to claim. They responded that "the item or items claimed as exempt are not exempt under the statutes relied upon in the claim of exemption. The exemption claimant has the burden of proof when claiming an exemption from enforcement of a judgement. Claimant failed to properly trace funds pursuant to 703.080." I live in California. What does this mean in layman's terms? Thanks
2 Answers from Attorneys
It means that you must show sufficient evidence to convince the court that the funds in your levied bank account are solely from your wages. To do this, you would show pay stubs and bank statements that match up. It is up to you to prove this income claim rather than up to the creditor to disprove it. That's what's meant by "burden of proof." If it's only partially from wages, the court should adjust the levy accordingly.
That what you are claiming as exempt is not
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