What forms do I need to fill out to assert that my income is exempt from collection under California law?

To assert that your income is exempt from collection, you must file a Claim of Exemption (Form EJ-160) and a Financial Statement (Form EJ-165). Here are the steps to properly file your claim. Step 1: Get the Required Forms You need two forms: EJ-160 (Claim of Exemption) and EJ-165 (Financial Statement). You can download these for free from the California Courts website (courts.ca.gov/forms) or get them from the court clerk’s office in the county where the judgment was entered. Step 2: Complete the Forms On the Claim of Exemption (EJ-160), you must explain why your money is legally protected. For exempt income in a bank account, you would cite CCP § 704.070 (paid earnings). You must also complete the Financial Statement (EJ-165) by listing all your household's monthly income and expenses to show the judge you need the funds for basic necessities. Be thorough and honest. Step 3: Make at Least Two Copies After filling out and signing the original forms, make at least two complete copies. You will need one for the levying officer (usually the Sheriff), one for your records, and the original to be filed. Step 4: File Your Claim with the Levying Officer Do NOT file your claim with the court first. You must file the original and one copy of your completed forms with the levying officer. This is typically the county Sheriff's Department that served the bank levy or wage garnishment notice. The levying officer's contact information is on the "Notice of Levy" you received. Step 5: Act Within the Deadline You have a very strict deadline. You must file your Claim of Exemption with the levying officer within 10 days of the date the Notice of Levy was served on you personally, or 15 days if it was served by mail. Act immediately to avoid missing this deadline. Important details and nuances: Once you file the claim, the levying officer will stop the collection and forward your claim to the creditor. The creditor then has 10 days to either accept your claim or file an opposition with the court. If they oppose it, the court will set a hearing date where a judge will decide if your income is exempt. Warnings and limitations: Filing a Claim of Exemption only works for post-judgment collection actions like a bank levy or wage garnishment. It does not stop a lawsuit from being filed. The success of your claim depends on your financial situation and providing sufficient proof to the court. This is general information and does not constitute legal advice. For complex situations, or if a creditor opposes your claim, you should consult with a qualified California attorney.