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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 12998
Experience:  B.A.; M.B.A.; J.D.
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a Notice of Levy under Writ of Execution (Money]can they make

Customer Question

a Notice of Levy under Writ of Execution (Money]can they make me sell my house. can they take my ss or unemployment
Submitted: 1 year ago.
Category: Legal
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.

Could you explain a little more?

Who sent you the notice of levy?

What state are you in ?

Does your property have a mortgage?
Customer: replied 1 year ago.

precision recovery paralytics Inc it is for credit card. Ca. my property has a lien on it

Expert:  Phillips Esq. replied 1 year ago.
Thank you for the information. However, you did not answer all my questions.

Does your property have a mortgage?
Customer: replied 1 year ago.

My property has a lien 250,000. so I make payments to one person not a loan co.

Customer: replied 1 year ago.

my property has a lien against it. I make payments to a person not a co. and can they take my social security check or unemployment check.

Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information.

Your initial post:

a Notice of Levy under Writ of Execution (Money]can they make me sell my house.


Response 1: No, they cannot, but they can put a lien on it so that if you sell the property you would pay off the lien AFTER deducting your exemption. Pursuant to California Code of Civil Procedure Section 704.730(a)(1), (2), and (3). you can deduct up to $175,000.00 of the equity on your property.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=704.710-704.850

704.730.(a) The amount of the homestead exemption is one of the

following:

(1) Seventy-five thousand dollars ($75,000) unless the judgment

debtor or spouse of the judgment debtor who resides in the homestead

is a person described in paragraph (2) or (3).

(2) One hundred thousand dollars ($100,000) if the judgment debtor

or spouse of the judgment debtor who resides in the homestead is at

the time of the attempted sale of the homestead a member of a family

unit, and there is at least one member of the family unit who owns no

interest in the homestead or whose only interest in the homestead is

a community property interest with the judgment debtor.

(3) One hundred seventy-five thousand dollars ($175,000) if the

judgment debtor or spouse of the judgment debtor who resides in the

homestead is at the time of the attempted sale of the homestead any

one of the following:

(A) A person 65 years of age or older.

(B) A person physically or mentally disabled who as a result of

that disability is unable to engage in substantial gainful

employment. There is a rebuttable presumption affecting the burden of

proof that a person receiving disability insurance benefit payments

under Title II or supplemental security income payments under Title

XVI of the federal Social Security Act satisfies the requirements of

this paragraph as to his or her inability to engage in substantial

gainful employment.

(C) A person 55 years of age or older with a gross annual income

of not more than twenty-five thousand dollars ($25,000) or, if the

judgment debtor is married, a gross annual income, including the

gross annual income of the judgment debtor's spouse, of not more than

thirty-five thousand dollars ($35,000) and the sale is an

involuntary sale.

(b) Notwithstanding any other provision of this section, the

combined homestead exemptions of spouses on the same judgment shall

not exceed the amount specified in paragraph (2) or (3), whichever is

applicable, of subdivision (a), regardless of whether the spouses

are jointly obligated on the judgment and regardless of whether the

homestead consists of community or separate property or both.

Notwithstanding any other provision of this article, if both spouses

are entitled to a homestead exemption, the exemption of proceeds of

the homestead shall be apportioned between the spouses on the basis

of their proportionate interests in the homestead.




can they take my ss or unemployment


Response 2: No, they cannot. These assets are exempt from execution pursuant to 42 U.S. Section 407 and California Code of Civil Procedure Section 704.120 respectively.

http://codes.lp.findlaw.com/uscode/42/7/II/407

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=704.010-704.210

Also, you have other exemptions under California Code of Civil Procedure Sections 703 and 704. See the links below for more information:

http://www.nolo.com/legal-encyclopedia/california-bankruptcy-exemptions-property-assets.html

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=ccp&codebody=&hits=2

Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 12998
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 16 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

my ss check is direct deposit can they garnishee my bank acc.

Expert:  Phillips Esq. replied 1 year ago.

my ss check is direct deposit can they garnishee my bank acc.


Response: No, they cannot. However, if they do, your bank needs to be notified that the funds in the account are from your SS benefits so that the levy can be released. Also and more importantly, you need to make sure that it is only your SS payment that goes into the account and nothing else. Otherwise, if you co-mingle the funds with other funds, the SS payment may lose its protection. Some Courts have ruled that when SS funds are co-comingled with other funds that SS funds lose their exempt status.


Customer: replied 1 year ago.

is it the same for unemployment check

Expert:  Phillips Esq. replied 1 year ago.
Yes it is.


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