Claim Of Exemption

CLAIM OF EXEMPTION

If your wages are garnished, you may file a Claim of Exemption to reduce the amount taken out of your paycheck or to terminate the wage levy. A Financial Statement must be included with the Claim of Exemption form. These forms are available at the Sheriff's Civil Division or on the California Courts Judicial Council website. Click on the following email address to access the website at Click here to access the self-help website www.courtinfo.ca.gov/forms. These forms, WG-006 and WG-007 are found under Wage Garnishments.

Your claim of exemption must be filed with the Sheriff at any time during the wage garnishment period. Submit one completed original claim form and two copies, and one completed financial statement and two copies. The forms must be signed and dated the day they are brought into the Sheriff's Office or the day they are mailed to the Sheriff's Office.

For all other levies, i.e., bank levy, vehicle levy, property seizure; use the Claim of Exemption form for Enforcement of Judgment. A Financial Statement is required only if box #7 is marked on the Claim of Exemption form. These forms are also available at the Sheriff's Civil Division or on the California Courts Judicial Council website. Click on the following link Click here to access the self-help website www.courtinfo.ca.gov/forms. These forms, EJ-160 and EJ-165, are found under Enforcement of Judgment.

Your Claim of Exemption and Financial Statement (if necessary) must be filed with the Sheriff within 15 of the date the levy notice was mailed to you or 10 days from the date the levy notice was personally served to you. Submit one completed original claim form and two copies and one completed financial statement and two copies (if necessary). The forms must be signed and dated the day they are brought into the Sheriff's Office or the day they are mailed to the Sheriff's Office.

Once the claim is received by the Sheriff's Civil Division, a copy of it is sent to the plaintiff or the plaintiff's attorney with instructions on how to oppose the Claim of Exemption. The plaintiff or the plaintiff?s attorney has 15 days from the date of mailing to oppose an enforcement of judgment claim and 10 days from the date of mailing to oppose a wage claim. If an opposition is filed, a hearing date is set and you will be notified by mail of the court date. A judge will decide the outcome of the Claim of Exemption. If no opposition is filed within the required time period, whatever you put on the Claim of Exemption form is enforced. A modification or termination order will be sent to your employer, financial institution, or whoever may be holding the seized property.