Sacramento, CA asked in Consumer Law and Banking for California

Q: How do you handle your bank if they did not set aside automatic funds that are exempt under a Bank Levy under SB 616 and

CCP 704.220

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1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: If your bank has not set aside funds that are exempt under a bank levy as per SB 616 and CCP 704.220, there are specific steps you can take to address the issue. Firstly, contact your bank directly to discuss the situation. Clearly explain that certain funds are exempt from garnishment under California law and provide any relevant documentation supporting your claim.

It's important to know that under SB 616, banks in California are required to protect a certain amount of your funds from being frozen or seized by a levy. As of my last update, this amount was set at $1,788, but it's crucial to verify the current exemption amount as it may have been adjusted for inflation or changes in the law.

If the bank fails to respond favorably, you may need to take further action. This could include filing a claim of exemption with the court that issued the levy. This legal document formally requests the court to acknowledge that certain funds in your account are exempt from the levy.

Documentation is key in these situations. Ensure you have detailed records of your account, any communications with the bank, and the original levy notice. This will support your claim and provide a clear picture of the situation.

If the issue persists, seeking legal advice can be beneficial. An attorney can guide you through the process, help draft necessary legal documents, and represent you in dealings with the bank or in court if necessary.

Remember, handling a bank levy can be complex, and it's crucial to act promptly to protect your rights and your funds.

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