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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 29643
Experience:  29 years as a family law lawyer .
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assistance with filling out claim of exemption form

Resolved Question:

assistance with filling out claim of exemption form
Submitted: 3 years ago.
Category: Family Law
Expert:  RayAnswers replied 3 years ago.

RayAnswers :

Thanks for your question.Can you give me more information here about what questions you have?

RayAnswers :

Here is information about how to complete and what to attach as well.

RayAnswers :

If your wages are garnished, you may file a Claim of Exemption to reduce the amount taken out of your paycheck or to terminate the wage levy. A Financial Statement must be included with the Claim of Exemption form. These forms are available at the Sheriff's Civil Division or on the California Courts Judicial Council website. Click on the following email address to access the website at Click here to access the self-help website www.courtinfo.ca.gov/forms. These forms, WG-006 and WG-007 are found under Wage Garnishments.

Your claim of exemption must be filed with the Sheriff at any time during the wage garnishment period. Submit one completed original claim form and two copies, and one completed financial statement and two copies. The forms must be signed and dated the day they are brought into the Sheriff's Office or the day they are mailed to the Sheriff's Office.

For all other levies, i.e., bank levy, vehicle levy, property seizure; use the Claim of Exemption form for Enforcement of Judgment. A Financial Statement is required only if box #7 is marked on the Claim of Exemption form. These forms are also available at the Sheriff's Civil Division or on the California Courts Judicial Council website. Click on the following link Click here to access the self-help website www.courtinfo.ca.gov/forms. These forms, EJ-160 and EJ-165, are found under Enforcement of Judgment.

Your Claim of Exemption and Financial Statement (if necessary) must be filed with the Sheriff within 15 of the date the levy notice was mailed to you or 10 days from the date the levy notice was personally served to you. Submit one completed original claim form and two copies and one completed financial statement and two copies (if necessary). The forms must be signed and dated the day they are brought into the Sheriff's Office or the day they are mailed to the Sheriff's Office.

Once the claim is received by the Sheriff's Civil Division, a copy of it is sent to the plaintiff or the plaintiff's attorney with instructions on how to oppose the Claim of Exemption. The plaintiff or the plaintiff?s attorney has 15 days from the date of mailing to oppose an enforcement of judgment claim and 10 days from the date of mailing to oppose a wage claim. If an opposition is filed, a hearing date is set and you will be notified by mail of the court date. A judge will decide the outcome of the Claim of Exemption. If no opposition is filed within the required time period, whatever you put on the Claim of Exemption form is enforced. A modification or termination order will be sent to your employer, financial institution, or whoever may be holding the seized property.

RayAnswers :

Here is the form referenced above

RayAnswers :

Here is the financial information form that you must submit with the WG-008.

RayAnswers :

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Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.


 

Customer:

I have the form ej-160. I need assistance to fill it out correctly. example: #4 the property was a bank levy on my account after my wife who is not a defendant deposited money to pay bills.

RayAnswers :

If you have follow up it is never a problem here..

Customer:

what follow up?

RayAnswers :

Well you are confusing garnishment--they are taking this out of your paycheck and levy which is a court order to take it out of the bank account.

RayAnswers :

You have the right here to lower the amount of the garnishment but the levy here where they took money out of an account in your name and social security number.

Customer:

I have been unemployed since 2009. my wife has assisted with some of the back support payments.

RayAnswers :

This was a joint account it had both names on it and they seized it and it isn't coming back here.You can file the documents I gave you to reduce the amount they garnish a paycheck or unemployment.

Customer:

not a join account

RayAnswers :

She needs to open up an account in her name only.If they wrongfully took this out of an account she already had in her name only she will have to contact the child support people.

Customer:

she has a separate account. she wrote a check to my account so I could pay rent. it is her earned money.

RayAnswers :

If this was deposited into your account here and you owe the child support they levied on it here and it isn't coming back.You can call them here at the number below but don't expect it to come back.Anything in your name and social becomes fair game for a levy.You need to make sure no more accounts in your name and social.Cash only pay with money orders or put it in her name and social strictly.

RayAnswers :

Public Inquiry Response Team (PIRT) for any other information at 1-866-249-0773

RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 29643
Experience: 29 years as a family law lawyer .
RayAnswers and other Family Law Specialists are ready to help you

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