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

Asked on 7/12/13, 10:52 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen
0 users found helpful
0 attorneys agreed

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.

Read more
7/12/13, 11:28 am
John Laurie Gertz and Laurie
0 users found helpful
0 attorneys agreed

That what you are claiming as exempt is not

Read more
7/18/13, 11:24 pm

Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California

Looking for something else?

Get Free Legal Advice

8661 active attorneys ready to answer your legal qustions today.

Credit, Debt and Collections Law Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Terry A. NelsonNelson & LawlessHuntington Beach, CA
Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now