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  1. #1
    Join Date
    Aug 2010
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    california
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    Default What Should a Third Party Do if Their Bank Account is Levied

    My question involves judgment recovery in the State of: CA

    Situation:
    There is a default judgment in the spouses name.
    The couple has a joint bank account.
    The sheriff's office levies the joint bank account but the notice from the sheriff's office is addressed to the spouse without the judgment.
    The notice from the sheriff says, "Levy on any and all accounts in the judgment debtor's name.". The notice also states who the judgment debtor is. The debt was acquired before their marriage. The account only had a couple dollars in it before the levy. The couple doesn't have anything else that is in both of their names.

    Question: What should the spouse without the judgment (third party) do? Should a claim of exemption be filed? Form EJ-160?

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: What Should a Third Party Do if Their Bank Account is Levied

    for a couple bucks? If your time is worth that little, go for it but chances are, the proof required to show ownership of any specific funds is going to be tough to obtain and you will lose anyway.

  3. #3
    Join Date
    Aug 2010
    Location
    california
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    11

    Default Re: What Should a Third Party Do if Their Bank Account is Levied

    I'm not sure what the claim of exemption is for. Is it to claim that the creditor cannot take what the sherriff took because of reasons xyz? Or is it to claim other things that the creditor might take before they decide to have the sherriff take them? I'm not sure of the purpose of claim of exemption.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: What Should a Third Party Do if Their Bank Account is Levied

    Is it to claim that the creditor cannot take what the sherriff took because of reasons xyz?
    You asked about only the one account.

    Was there a creditors examination? Are there other joint assets you are concerned with?

    If there was money taken from a joint account you believe should not have been taken, you would have to address that specifically. Whatever argument you have concerning the account is not applicable to any other asset so, concerning this specific situation.

  5. #5
    Join Date
    Aug 2010
    Location
    california
    Posts
    11

    Default Re: What Should a Third Party Do if Their Bank Account is Levied

    Yes, the only thing that was taken by the sherriff so far is the couple of dollars that was in the joint account. The sherriff did not take anything else and there was no notice for anything else from the sherriff. The only thing that was sent from them is the notice regarding the levy on the bank account in the judgment debtor's name. There was no creditor's examination, assuming that a creditor's examination is when an examiner comes in to the house to estimate the value of the properties of the debtor. The couple does not have anything else that is in both of their names except the apt rental agreement.

    "Whatever argument you have concerning the account is not applicable to any other asset so, concerning this specific situation."

    I need clarification regarding this line. I think it means that the claim of exemption filed would be only for opposing the action taken by the sherriff, which is levying the joint bank account, so anything else claimed in the claim of exemption filed for this matter would be disregarded. Therefore, because the creditor took only a couple of dollars, it's not worth the time to file a claim of exemption to fight for $2 because anything else that is claimed in this filing would be disregarded. Please let me know if my understanding is correct/incorrect. Thank you very much.

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