Reply to an opposed claim of exemption
If you filed a Claim of Exemption for wage garnishment or a bank levy and the debt collector opposed your claim, you will have court hearing where you'll have an opportunity to explain to a judge why you think your funds should be exempt (protected) from the debt collector.
Before the hearing, you may submit your argument and any evidence you have to support it, in advance to the judge. This is called a reply and it is optional. You must file your reply at least 5 court days before your hearing date.
Submitting a reply is especially useful if your court uses tentative rulings. Some courts publish the judge's decision before the hearing and cancel it unless one of the parties still wants the hearing. Your reply will ensure that the judge has your argument and your evidence before making a tentative ruling.
How to submit a reply to an opposed Claim of Exemption
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Write a declaration
A declaration is a written statement that your swear under penalty of perjury is true, just like testimony given in a courtroom. In a declaration, you write down facts that support your argument.
You can use a Declaration (form MC-30) to write your reply. If you need more space, use Additional Page (form MC-020).
You can also attach other documents to the declaration that support the facts in your statements.
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Proof of income - paystubs or other documents to prove the source and amount of income
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Bills - to show expenses
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Bank statements - especially for a bank levy, showing account activity and source of deposits at least one month before the levy. If your deposits were not direct-deposited into your account, you may need other documents to show the source of deposits into the account, such as paystubs.
Be sure to black-out any account numbers that may be on the documents.
Make 3 copies of your declaration and any attachments. You'l keep a copy for yourself and file the original and 2 copies with the court.
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Serve your declaration
Once you've completed your declaration, you must share it with the other side in your case. You do this using a court process called service, or serving papers.
Step-by-step instructions for serving papers
- You can serve your reply either by personal service or by mail service.
- You'll need to use a Proof of Service form.
- If this is a Small Claims case, use Proof of Service (form SC-112A)
- If this is a Consumer Debt case, use Proof of Service (form POS-030)
- Your deadline to serve the reply is 5 court days prior to the hearing.
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File the papers with the court clerk
Take the originals, plus two copies of your declaration, any attachments, and your signed Proof of Service form to the court clerk.
You'll need to do this at least 5 court days before your hearing date.
Once you've submitted your reply, you'll either attend your hearing or, if your court uses tentative rulings, call the court or check the court's website the day before the hearing to see how the court intends to rule.