When must I file a Claim of Exemption to challenge a wage garnishment or bank levy in California to meet the legal deadline?

To challenge a wage garnishment or bank levy, you must file a Claim of Exemption within the specific deadline set by California law, which differs depending on the type of asset seized. For a bank levy, the deadline is 15 days after the Sheriff mails the notice; for a wage garnishment, it is 10 days after you receive notice from your employer to halt the garnishment pending a court decision. Here are the steps to file a Claim of Exemption: Step 1: Identify the Deadline First, check your documents to determine the deadline. For a bank levy, you have 15 days from the date the Sheriff mailed you the "Notice of Levy." For a wage garnishment, you have 10 days from the day your employer gave you the "Employee Instructions" (Form WG-003) to prevent funds from being taken before your claim is heard. Step 2: Obtain the Correct Forms You will need two forms from the California Courts website: EJ-160 (Claim of Exemption) and EJ-165 (Financial Statement). These forms are required to explain which funds are exempt and why you need them for basic necessities. Step 3: Complete and Copy the Forms Fill out both forms completely and honestly. On Form EJ-160, you must list the legal reason your property is exempt. On Form EJ-165, you must detail your income and expenses to show the court that you need the money for your family's support. Make at least two copies of the completed forms. Step 4: File Your Claim with the Levying Officer Do not file the forms with the court or the creditor. You must file the original signed forms and the copies with the "levying officer," who is usually the county Sheriff's Department listed on your notice. Hand-delivering the forms is the safest way to ensure they are received on time. The Sheriff will keep the original, send a copy to the creditor, and return a file-stamped copy to you for your records. Important details and nuances: After you file, the creditor has 10 days to object by filing a "Notice of Opposition" with the Sheriff and the court. If the creditor does not object, the Sheriff will instruct your bank or employer to release the funds. If the creditor objects, the court will set a hearing date where a judge will decide the issue. Warnings and limitations: Missing the deadline is critical. If you file your claim late, you may permanently lose the right to protect the money that was taken in that specific levy. While you can file a Claim of Exemption for a wage garnishment at any time, only filing within the first 10 days will stop the garnishment while you wait for a court hearing. This is general information and does not constitute legal advice. For complex situations or assistance with a court hearing, you should consult with a qualified California attorney.