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Collect money from a bank account (bank levy)

A bank levy lets the sheriff take money from the debtor’s bank account.

The sheriff gives papers to the bank. The bank freezes the money and sends it to the sheriff if the money isn’t protected.

 

This page explains each step and what to expect.

 

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How a bank levy works

⚠️ A bank levy is a one-time action.

When the bank is served:

  • The bank freezes the money in the account

  • The bank checks if the money is protected (exempt)

  • The bank reports back to the sheriff

  • The sheriff waits to see if the debtor claims the money is exempt

  • If allowed, the sheriff sends you the money after the waiting period

If you want to try again later, you must do another levy.

When you can use a bank levy

✅ You can use a bank levy after you:

🚫 You can’t take:

  • Social Security

  • Supplemental Security Income (SSI)

  • Some retirement or disability income

  • Some government benefits

  • Money the law says is exempt

    • For example, enough money must be left in the account to meet the person's basic needs. You can't take more than that

Some of the money that can’t be taken changes every year. For a list of things you can't take, read Exemptions From the Enforcement of Judgments (form EJ-155).

How to collect money from a bank account

  • Get a Writ of Execution

    You must have a Writ of Execution (form EJ-130).
    Without this writ, the sheriff can’t levy a bank account.

    📌 Writs expire in 180 days.
    If yours is expired, get a new one before you continue.

    Learn how to get a Writ of Execution

  • Find the right bank office

    Banks with 10 or more branches must choose one office where levy papers are served.

    Smaller banks may choose to do this too. Not all local banks take levy papers.

    You must:

  • Check if the sheriff does bank levies

    Most sheriffs (or marshals) serve bank levies. Some don’t.

    Check the sheriff’s website or call their office to ask:

    • Do you handle bank levies?

    • Do I need extra copies of the Writ of Execution (form EJ-130)?

    • Do you have extra county forms or instructions?

    • What’s the fee? (Usually around $40.)

    If the sheriff doesn’t serve bank levies, you may need to hire a professional server.

    This is someone who delivers legal papers.

  • Give the sheriff your forms and instructions

    You must tell the sheriff exactly what you want them to do.

    Fill out:

    On these forms, tell the sheriff:

    • The bank name

    • The exact office address

    • The debtor’s name

    • If the account may be in a business or spouse’s name

    • When you want the levy served

    📌 New rule in personal debt cases: verify the debtor’s address

    If your case is about personal debt (money for personal, family, or household use), you must verify the debtor’s address before the sheriff can serve the levy.

    Fill out:

    Give this form to the sheriff with your form SER-001 and SER-001A

    The sheriff can’t serve the levy without it.

    If you want the sheriff to serve the levy on a certain day
    For example, right after payday, you may want a professional server because sheriffs can't guarantee a service date.

    If you hire a professional server:

    • They serve the bank

    • They serve the debtor and all account holders

    • They give proof of service to the sheriff

    • The sheriff still holds and releases the money

  • Special situations

    If the debtor's bank account falls into one of these special situations, you may need to give the sheriff extra forms.

    Spouse or registered domestic partner’s account

    You may be able to levy this account even if the debtor’s name isn’t on it.

    You must give the sheriff a sworn statement saying the person on the account is married to or the partner of the debtor.

    Use:

    (This is sometimes called a “spousal affidavit.”)

    Fictitious business name (DBA)

    If the debtor uses a business name (for example, Jonathan Smith DBA Smith Enterprises), money can be taken from that account. The business must be registered to the debtor or their spouse.

    You must give the sheriff:

    • A certified and unexpired copy of their Fictitious Business Name Statement

    This is a paper that shows the business name belongs to them.

    Joint accounts

    You may still be able to levy the account.

    The bank and sheriff will look at the account and decide what money can be taken and what money is protected.

When the sheriff serves the bank

After the sheriff or professional server serves the bank and the debtor, a few things may happen.

The bank must:

  • Freeze the money in the account

  • Review deposits to see if the money is protected

  • Send the sheriff a report

This report is called a Memorandum of Garnishee.

It tells the sheriff what the bank found.

If the bank thinks the money is exempt, it must tell the sheriff why.

The sheriff will send this to you.

If the money isn’t exempt, the bank sends it to the sheriff.

The sheriff must wait before giving you the money.

The debtor may say their money is exempt and that you can't take it.

📅 If they do, they have 15 to 20 days (20 days if notice was mailed) to say why they think the money is exempt.

They must send the sheriff:

These forms explain why the money should be protected and give details about their income and expenses.

The sheriff will mail you copies.

Read the forms to see why the debtor thinks the money is exempt.

✅ If you agree

You don’t have to do anything.

The sheriff will send the money back to the debtor.

🚫 If you disagree

You can ask for a court hearing so a judge can decide.

📅 You must act within 15 days after you get the Claim of Exemption.

If you miss this deadline, the sheriff will return the money to the debtor.

Here’s what to do:

  • Get a court date. Contact the court and ask how to get a court date
  • Fill out two forms

  • Make 2 copies. One copy is for the sheriff. The other is for the debtor

  • Send the sheriff their copy

  • Serve the debtor their copy

    • 📅 You must serve the debtor at least 10 days before your court date

    • Someone 18 or older, not you, must mail or hand-deliver the copies

    • Your server must fill out and sign page 2 of form EJ-175 as proof of service. Make a copy for yourself

  • File your forms

    • Take the original forms and copies to the court clerk

    • The clerk will stamp them and return the copies to you

  • Go to your court date

    • Tell the judge why you think the money isn't exempt

When you get money

The sheriff:

  • Holds the money during the waiting period

  • Removes sheriff fees

  • Sends you the rest

The sheriff won’t release money to you until:

  • The exemption deadline passes, and

  • There’s no active exemption claim

Contact the sheriff to learn how they issue payments.

Key takeaways

  • A bank levy is a one-time action.

  • You must get a Writ of Execution (form EJ-130) first.

  • You must find the correct bank office for service.

  • Only the sheriff or a professional server can serve the bank.

  • For personal debt cases, you must verify the debtor’s address.

  • Some money is protected and can’t be taken.

  • The debtor can claim exemptions.

  • You must meet deadlines or the sheriff will return the money.

Civil judgment collections

What's next?

  • If you're still owed money, you can try to levy the bank account again or collect from the other side's paycheck if you know where they work.
  • If you've spent money trying to collect, you can have these costs added to what's owed.
  • If you're paid all that you're owed, you must let the court know.
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