Thank you for your question. Please permit me to assist you with your concerns.My apologies but I will agree with what you were told. Unemployment benefits are NOT exempt from levy. Social Security benefits are generally exempt but but benefits received from the state are not exempt. As for the second question, the levy is filed where you reside, not where the judgment is obtained. If you reside in LA country, then that is where the levy is filed, because under law the levy is always where the defendant is located (or domiciled) or where his assets are located.Good luck.
Thank you, XXXXX XXXXX understanding question 2 - we reside/live in orange county and levy filed LA county is that ok? We have no assets in LA County
Jeff, thank you for your follow-up.Then that is a bit irregular. Typically the courts would require the other party to go to the county where you reside (which would be Orange County), domesticate the judgment, and then seek a levy. Unless you had a contract with the other party that suit can take place in LA county and that is where they can pursue a lien, they should be pursuing it against you in Orange County instead.Good luck.
Thank you, XXXXX XXXXX have any recourse to have them remove levy because filing wrong county?
Jeff,You are most welcome. Typically a levy, if still filed in your home state that issued the judgment, would still be upheld. I am suspecting that if the bank where you hold your funds is located in LA county, their filing would be upheld if that is what they base the levy on. They would argue that as they are pursuing the judgment, that is what they would use to justify the levy at the other state. While you could potentially contest it, it is likely not enough if LA county was the one that issued the judgment.Good luck.
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