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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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I received from the Sheriff Dept. a Notice of Levy ( money

Resolved Question:

I received from the Sheriff Dept. a Notice of Levy ( money Judgment ) it lists property to be levied as one of my checking accounts. I am named as the judgment debtor in the amount of $3,400.00. I am preparing to file Chapter 7 BK Pro Per within the next few months. I am very broke, I have less than $100 in the bank. I am on Food Stamps. Can I claim an exemption for my property (checking account ) with the Superior Court? Will it protect the rest of my property? What's the best way to handle this?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

You can indeed claim that money as an exemption. While you cannot exempt the full account, if you file for bankruptcy, you can seek to discharge this debt as part of your filing and also claim the funds as your miscellaneous expenses. Here is where you can find a good starting point of what you can claim as part of your filing:
http://www.nolo.com/legal-encyclopedia/california-bankruptcy-exemptions-property-assets.html

Good luck.

Customer: replied 1 year ago.

I was reading in the Public Law Library under How to ask the Court to Stop a Bank Levy, that the court may order a bank account exempt if The money in the account is required for the basic necessities of life...That is TRUE! What code and section would I list on my claim of exemption form?

Expert:  Dimitry K., Esq. replied 1 year ago.

Tm,

Thank you for your follow-up. I am glad our research appears to match. Please consider looking to this code first as I believe this will assist you with the proper exemption:

http://law.onecle.com/california/civil-procedure/704.020.html

Good luck!

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38460
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Dimitry K., Esq.
Dimitry K., Esq.
Lawyer
38460 Satisfied Customers
Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.