Index: All Pages

Make a claim of exemption for a bank levy

A bank levy is when the sheriff's office takes money from your bank account to pay the judgment creditor (person the judge ordered you to pay) or debt collector. 

Some types of income are protected, or exempt, from a bank levy. If protected money was taken, you can get it back by filing a Claim of Exemption.

Important things to know

Some types of income are protected, or exempt, from a bank levy. For example:

  • Only 25% of your wages can be taken
  • Money from Social Security can't be taken at all.

If protected money was taken, you must let the judgment creditor or debt collector know to get it back. This is called filing a Claim of Exemption.

⚠️ You have only 10 days from the date of the levy to file a claim of exemption (plus 5 days if the notice was sent by mail) with the sheriff. You must show that the funds taken came from a source of income that is exempt from collection. 

📌 A bank levy is a one-time action, but the creditor or collector can return to court to request it again.

If you have a federal benefit (such as Social Security) direct deposit account, and the balance is less than 2 months of benefits, a bank is supposed to reject the levy except for levies for government-ordered child support or from the federal government. If a debt collector attempts a levy on one of these accounts, the bank is supposed to send you a notice telling you about the levy and stating that no money was taken.

How to make a Claim of Exemption

↗️ Links to court forms below will open in a new tab.

  • Fill out forms

    1. Fill out two forms: 
    2. Make 2 copies of your completed forms. 
    3. Keep 1 copy for yourself.  

  • File the Claim of Exemption with the levying officer

    1. Take or mail the original and one copy to the levying officer identified in the upper right-hand corner of the  Notice of Levy. 
      • This is usually the sheriff, but in some cases the levying officer may be someone else.
    2. The sheriff keeps the original and sends a copy to the judgment creditor or debt collector. 

  • Wait to see if the claim is opposed

    The judgment creditor or debt collector has 10 days to respond.

    • If they don’t respond, then your claim is granted.
      • The sheriff will return your money. 
    • If they do respond, it means they oppose your claim. 
      📅  You will have a hearing where a judge will decide the claim. You will be mailed:
      • Notice of Opposition to Claim of Exemption
      • Notice of Hearing on Claim of Exemption 
      • The date, time and place will be on the Notice of Hearing on Claim of Exemption.  

    ⚠️ You won't have access to the money that was levied while you wait for your claim to be decided, but if you win your claim, your money will be returned.

  • Reply to the opposition (if any)

    If the judgment creditor or debt collector opposed your Claim of Exemption, read the papers to find out why.

    You can reply to show the court clarifying facts, documents, or other evidence to support your Claim of Exemption. 

    • 📅  Your reply is optional but, if you choose to do it, you must file it at least 5 court days before the hearing. 

    Get more information on how to reply.

  • Check if your court uses tentative rulings

    Before your hearing, contact the court clerk ↗️ (opens in a new tab) and ask if there’s a “tentative ruling” process.  

    In some courts, the court posts (usually on its website) ↗️ how it intends to rule the day before the hearing.

    • ⚠️ In these courts, your hearing will be cancelled unless you call to say you still want the hearing. If your hearing is cancelled, the ruling the court posted will become final.  

  • Go to the hearing

    If you have a hearing, it is your job to prove to the court that you qualify for an exemption.  To do this:

    • Tell the court how it will be impossible for you to pay for your family's basic needs if the money is taken from your bank account or your paycheck.  The other side may say it is not true. 
    • Bring evidence that shows you can't afford to have the money taken.  This might be your paychecks, bank statements, and bills. 

    After hearing from both sides, the court will decide whether to grant your claim or not.  If you win, the court will order the sheriff to return the exempt money.

success alert banner:

Have a question about Debt Collection?

Look for a "Chat Now" button in the right bottom corner of your screen. If you don’t see it, disable any pop-up/ad blockers on your browser.