Legal Question in Credit and Debt Law in California

Notice of Levy on bank account in California. Should I file Claim of Exemption (EJ-160) with the levying officer/Sheriff even though I only have the social security benefits money in my bank account, which is protected and exempt by law without claim?

Asked on 5/10/13, 2:13 pm

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Yes, I strongly suggest filing the form. The sheriff has not way of knowing if the source of the money and the bank might not automatically pick up on that fact. Although socials security benefits are protected, you should still speak up for your rights or someone might make a mistake and remove the money from your account.

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Answered on 5/10/13, 2:23 pm

Charles Perry Law Offices of Charles R. Perry

I absolutely agree. You will also need to prove that the only money in the account comes from your Social Security benefits.

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Answered on 5/10/13, 3:36 pm

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