The sheriff just levied your bank account or wages. You have 10 days to file a claim of exemption - miss this deadline and your money is gone forever. Here's exactly what to do.
When a creditor levies your property, California law gives you limited time to claim that the property is exempt from execution. Under CCP 703.520, you must file your claim of exemption within 10 days of the levy notice (or 15 days if served by mail).
This deadline is absolute. Miss it, and you lose the right to claim your exemption - even if the property is 100% exempt. The sheriff will turn your money over to the creditor.
Filing on day 10 gives you no room for error. If you miscounted, if the clerk finds a problem with your paperwork, if you can't get service done - you're out of luck. File as early as possible.
Fill out the Claim of Exemption form identifying the property and the exemption you're claiming.
Include Form EJ-165 showing your income, expenses, and dependents.
File with the sheriff or marshal who performed the levy (not the court).
Mail copies to the judgment creditor and wait for their opposition (if any).
Once you file the claim of exemption:
If the creditor doesn't file opposition within 10 days, the sheriff must release your property without a hearing. Many creditors don't bother opposing obvious exemptions like Social Security or retirement funds.
California provides two sets of exemptions under CCP 703.140 (the "703" exemptions, which mirror federal bankruptcy exemptions) and CCP 704 (the "704" exemptions). You can use either set - not mix and match.
California exemption amounts are adjusted every three years based on the Consumer Price Index. The amounts listed here are current as of 2024. Always check the latest amounts before filing your claim.
| Form | Name | Purpose |
|---|---|---|
| EJ-160 | Claim of Exemption | Main form identifying property and exemption claimed |
| EJ-165 | Financial Statement | Required declaration of income, expenses, dependents |
| EJ-170 | Notice of Opposition | Creditor uses this to oppose your claim |
| EJ-175 | Notice of Hearing | Court's notice of exemption hearing date |
A common mistake is filing the claim of exemption with the court clerk. Wrong. File with the levying officer (sheriff or marshal) who served the writ. They're listed on the notice you received.
Unfortunately, missing the deadline usually means losing your exemption claim. However, if the creditor obtained the levy through fraud or serious procedural violations, you may be able to file a motion to vacate the levy. This is difficult and requires showing egregious conduct. For future levies, file immediately - don't wait.
You can only claim exemption on amounts not yet paid to the creditor. Once funds are released to the creditor, they're gone. However, you can claim exemption to stop future garnishments and to protect any amounts still held by the sheriff. File immediately when you receive notice of a wage garnishment.
If your account contains both exempt funds (like Social Security) and non-exempt funds (like freelance income), you must trace the exempt funds. Keep records showing deposits of exempt funds. California allows you to claim the exempt portion even in a mixed account, but the burden is on you to prove which funds came from exempt sources.
No, you can file pro se (representing yourself). The forms are designed for self-represented litigants. However, if large amounts are at stake or the creditor opposes your claim, having an attorney at the hearing significantly improves your chances. I handle exemption hearings throughout California.
At the hearing, you present evidence that the property qualifies for exemption. Bring bank statements, pay stubs, retirement account statements - whatever proves the source and nature of the funds. The creditor can cross-examine you and present contrary evidence. The judge rules immediately in most cases. If you win, the sheriff releases your property.
Yes. Winning an exemption claim only releases that specific levy. The creditor can levy again if your circumstances change or if they target different property. However, repeatedly levying on clearly exempt funds (like Social Security only accounts) may constitute harassment, potentially warranting sanctions.
I handle California exemption claims on expedited timelines. Don't let the 10-day deadline pass - I can prepare and file your claim quickly to protect your exempt funds.