The bank levy is the most powerful collection tool in California. One instruction to the sheriff and their checking account is frozen. Ten days later, the money is yours.
A bank levy (also called a "bank account levy" or "deposit account execution") allows you to seize money directly from the judgment debtor's bank accounts. Under CCP § 700.140, when the sheriff serves the levy on a financial institution, the bank must immediately freeze the account and turn over funds to satisfy your judgment.
One levy to a bank's main branch covers all accounts at all branches throughout California. You don't need to know the specific branch or account number - just the bank name and the debtor's name.
Serve the levy early in the month, right after direct deposits hit. Payday (1st and 15th) plus 1-2 days is often ideal. The levy captures whatever balance exists at the moment of service.
File Form EJ-130 with the court clerk. No fee, same-day issuance.
Write instructions identifying the bank and debtor. Include judgment amount.
Pay $50-100 deposit to the sheriff's civil division. Recoverable from debtor.
Sheriff delivers levy to bank. Account frozen immediately upon service.
Debtor has 10 days to claim exemptions. If none filed, bank releases funds.
When the bank receives the levy, it freezes the account but doesn't immediately release funds. Under CCP § 700.140(d), there's a 10-day waiting period during which:
If no exemption claim is filed within 10 days, the bank sends the frozen funds to the sheriff, who then pays you (minus fees and costs).
If the debtor claims exempt funds (Social Security, disability, etc.), you may need to oppose the claim in court. I can represent you at the exemption hearing.
The most common reason bank levies fail is levying the wrong bank. Here's how to find where the debtor banks:
If you suspect they bank at one of the major banks but aren't sure which, you can serve levies on multiple banks simultaneously (Chase, Bank of America, Wells Fargo, etc.). You'll pay multiple sheriff fees, but you'll hit the right one.
If the account is overdrawn or has insufficient funds, the bank will report "no funds available" or a small balance. You still pay the sheriff's fee for the attempt. This is why asset discovery before levying is important - don't levy blind.
Yes. You can levy the entire balance of a joint account. However, the non-debtor joint owner can file a third-party claim asserting their ownership of some or all of the funds. In community property situations with spouses, the analysis gets complicated - consult with me on these.
Certain funds are automatically exempt or can be claimed as exempt:
The debtor must actively claim these exemptions within 10 days using Form EJ-160.
Absolutely. Each levy is a snapshot of what's in the account at that moment. If the first levy only partially satisfies your judgment, you can levy again when you believe the account has more funds. Some creditors levy monthly, timed to direct deposit schedules.
If the debtor learns a levy is coming and transfers funds to avoid it, that may constitute a fraudulent transfer under California's Uniform Voidable Transactions Act. You can sue to reverse the transfer and potentially recover attorney fees. If done in defiance of a court order, it could also support a contempt motion.
I handle California bank levies from writ application through collection. Asset discovery, levy instructions, exemption oppositions - professional judgment enforcement.