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Anne, Lawyer
Category: Legal
Satisfied Customers: 2302
Experience:  Trial Lawyer, 15 Years Experience
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I won a judgment. I have filed a Writ of Execution and the

Customer Question

I won a judgment. I have filed a Writ of Execution and the sheriffs dept has filed a lien on the business bank account.

Opposing Counsel has filed a Notice of Exemption siting California Civil Code Section 704.060 Business Checking Account should be exempt. The account is used to run his business. They have check box 8 (b) siting personal property in trade, business or profession of the judgment debtor.

I need to file a Notice of Opposition to Claim of Exemption. I am stuck on box 5 and Box 6

Do I check Box 5 (A) Not exempt under the statutes relied upon in the Claim of Exemption
or 5 (B)Not exempt because the judgment debtor's equity is greater than the amount provided in the exemption
or both and what response do I put down in Box 6 so that I can get this filed quickly and not have the money released back to the debtor.


Submitted: 5 years ago.
Category: Legal
Expert:  Anne replied 5 years ago.



Does the debtor list what he is seeking to exempt, other than stating it is a Business Checking Account? Does he say how much is in the account? And which form are you using - it should have one or two letters and a number, and it will be on the bottom right hand side of the form.


Customer: replied 5 years ago.

The account has $7000.00 in it.

He has filed a motion with our Judge and filed the exemption to have the $7000.00 returned to him from the Sherrifs department siting it is exempt because it is his business acount and he can't run his business if I take that money.


He has just liquidated his stock portfolio and told our judge he has $450,000.00 in a bank account.


The form I am using is the

EJ70 form for the objection to the exemtion

and the EJ75 I believe it is that is the objection and motion for the hearing

That was what the sherrifs department said I should use.



Expert:  Anne replied 5 years ago.



Thank you for the additional information. Please pardon the delay; I was looking for the forms - I wanted to make sure you were using the correct ones. Unfortunately, I wasn't able to find a set in my forms library.


I do know you are going to want to check 5(B), based on what you described about the judgment debtor's assets.


Can you tell me what #6 says, or give me a link to a website with those forms so I can give you the proper information?

Customer: replied 5 years ago.

i gave you the wrong form


it is


EJ 170 - Notice of Opposition to claim of exemption




EJ 175 - Notice of Hearing on Claim of Exemption


The form they filed was the EJ 160 - Blaim of Exemption (Enforcement of Judgment)


I got all these forms off the


Los Angeles Family Court Forms


and I clicked all forms


and clicked by number


and scrolled down



Expert:  Anne replied 5 years ago.



No wonder I couldn't find them!


First of all, I'd like to make sure you know about this website: That website has a whole set of fillable forms. To look for collection-related forms, use your website browser search function to look for "EJ-"; some of the forms start with AT.


For item #6 on the form, you are going to want to describe what you just told me about the $450,000 in liquid assets. Here is the fillable form for you:


Unfortunately, the EJ-175 isn't fillable on line. Do remember to call the Court and reserve a hearing date that is at least 14 court days from the date you will personally serve the Notice of Motion. If you are serving by mail, add 5 calendar days to the 14 court day notice. Here is a link to the Court day calculator:


Good luck.

Anne, Lawyer
Category: Legal
Satisfied Customers: 2302
Experience: Trial Lawyer, 15 Years Experience
Anne and 4 other Legal Specialists are ready to help you
Customer: replied 5 years ago.

Thank you so much


Is there a way to work with you directly on questions I have and pay you?


I have more each day as to how to collect ;a judgement





Expert:  Anne replied 5 years ago.



Yes, there is - thank you for asking. At the beginning of the question, put "for Anne_C". I will see it, or one of my colleagues will let me know it is there.


I will look forward to hearing from you again.

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