How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 34255
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
19958803
Type Your Legal Question Here...
Barrister is online now
A new question is answered every 9 seconds

In reference to the same small claim where the ddant has just

Customer Question

In reference to the same small claim where the ddant has just been served with an "order to produce statement of assets"I also had the Sheriff of Beverly Hills served her a Bank Levy at the Bank of America branch where I knew she had and account.
Today I received a letter from the Sheriff office with a "notice of filing of claim of exemption' from the defendant where she claims to be exempt because she was not served notice to appear. Clearly this is not true because we have prof of service. In the bank there is only half of the money she is supposed to reimburse me.
The letter states that the propriety will be released to the extent it is claimed be exempt unless I do all the following things within 10 days:

1) File the court o Notice of opposition to Claim of Exemption and a Notice of Motion for an order determining the Claim of Exemption.
2)File with the Sheriff's Office at the address below a copy o the Notice of Motion for an order determining the Claim of Exemption.

What is #1? And where and how can I do #1?
Submitted: 4 years ago.
Category: Legal
Expert:  Barrister replied 4 years ago.
Hello again,
.
A notice of opposition to claim of exemption is exactly what it sound like. It is your formal notice that you are disputing the defendant's claim that the funds are exempt. Once you file the notice, the court will set a hearing date to hear both sides and make a ruling as to whether the funds are exempt or not.
.
This is a link to the forms: http://www.courts.ca.gov/documents/ej170.pdf
and:
http://www.courts.ca.gov/documents/ej175.pdf
.
.

.

.

Thanks.

Barrister

.

Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button and I will be happy to continue.

.

I am trying to help you understand and resolve your situation but I don't make the laws, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 4 years ago.

Do I have to serve her this "notice of opposition to claim of Exemption" as well? Or because the Bank Levy is still going the Sheriff will go back to the Bank?


 


Thank you very much

Expert:  Barrister replied 4 years ago.
Yes, you must serve both the notice of opposition and the notice of hearing on the defendant at least 10 days before the hearing. But you can have any non-party over the age of 18 just mail the notices and then sign the Proof of Service by mail that is on the bottom half of the Notice in the links I provided above.
.

.

.

Thanks.

Barrister

.

Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button and I will be happy to continue.

.

I am trying to help you understand and resolve your situation but I don't make the laws, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Related Legal Questions