Before you start
Figure out if your money is exempt from a bank levy
Some kinds of money can't be taken in a bank levy (it's exempt). For example, money you need to support you and your family's basic needs is exempt.
Money from certain sources is exempt. For example:
- Social Security
- Social Security disability (SSD)
- Supplemental Security Income (SSI)
- Public Pensions
You can see a more complete list in Exemptions from the Enforcement of Judgments (form EJ-155).
If your money is exempt, you must act quickly to stop the bank levy
You must send a Claim of Exemption within 15 days of when you received the Notice of Levy (20 days if you received it in the mail). If you wait longer than this, the sheriff will give the other side the money and you won't get it back.
How to ask for an exemption
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Fill out court forms
Fill out these 2 forms:
- Claim of Exemption (form EJ-160)
This tells the court and the other side why you need the exemption. You need to write the specific law (the code section) that makes the money exempt on this form. Exemptions from the Enforcement of Judgments (form EJ-155) has a list of some of the laws.
- Financial Statement (form WG-007/EJ-165)
This explains your financial situation so the judge and other side can see why you need the exemption.
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Make copies
Make 2 copies of your forms. Keep 1 copy for yourself.
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Give the Claim to the levying officer
Take or mail the original and 1 copy to the levying officer. You can find out who the levying officer is by looking at the upper right-hand corner of the Notice of Levy (form EJ-150). This is usually your local sheriff, but not always.
The sheriff (or levying officer) keeps the original and sends a copy to the other side.
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Wait to see if the other side files anything
The other side has 10 days to file a form in court saying if they disagree.
Small claims collections
What's next?
If the other side didn't respond, you are done. You got the exemption.
If the other side responded, you will have a court date where a judge will decide your claim.