Bank levy California

CALIFORNIA BANK LEVY SERVICES SINCE 1961

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Bank levy California

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California Bank Levy Services

Providing statewide writ levy services in California for attorneys since 1961

CALL: (800) 675-5376

Order Service

California Bank Levy Services

CALL: (800) 675-5376

What Is a Bank Levy in California?

 

A bank levy in California is a legal action where a creditor can seize funds from a debtor's bank account to satisfy an outstanding debt. This process begins when the creditor obtains a court judgment and a writ of execution, which instructs the bank to freeze and transfer the funds to the creditor. The bank holds the funds for a specified period, usually 15 days, before transferring them to the creditor. Certain funds are exempt from levy, such as Social Security benefits, public disability benefits, and unemployment payments. To challenge a bank levy, the debtor must file a Claim of Exemption and provide documentation to prove exempt status.

Steps to Levy a Bank Account:

Prerequisites

  • The creditor must have:
    • A valid California court judgment.
    • A Writ of Execution issued by the court (Form EJ-130).

Step-by-Step Procedure

Step Action
1. Identify Accounts Creditor locates the debtor’s bank(s).
2. Request Writ File an Application for Writ of Execution (Form EJ-130) in the court where the judgment was entered (or where it’s been domesticated).
3. Deliver Writ to Sheriff/Marshal Provide the writ and Instructions to the Sheriff (with bank name, branch, etc.). Pay the levy fee.
4. Process Server or Sheriff Serves Levy The levying officer serves a Notice of Levy (Form EJ-150) and the writ on the bank. The bank must “freeze” funds up to the judgment amount.
5. Debtor Is Notified Sheriff also mails a copy of the writ, notice of levy, and Exemptions Claim forms (EJ-155, EJ-160) to the debtor.
6. Waiting Period / Exemptions Debtor has 10 days after service to claim exemptions (e.g., Social Security, unemployment, some wages). If an exemption is filed, a court hearing may be required.
7. Release of Funds If no valid exemption is claimed, or after the court denies it, the sheriff releases the money to the creditor.

Timing

  • Banks generally freeze the account as soon as they receive the levy.
  • Funds can be released to the creditor in about 15–30 days if there’s no exemption.

Special Rules & Notes

  • Exempt funds: Social Security, SSI, unemployment, workers’ comp, child/spousal support, and certain retirement benefits may be protected.
  • Joint accounts: May be levied, but co-owners can assert exemptions.
  • Levy is “one-time”: Only captures money in the account when the bank receives the levy; later deposits aren’t affected unless a new levy is issued.

Forms Commonly Used

 

The 4 types of levies done by California Process Servers:

Notice of Levy-Bank Levy or Third-Party Levy:

Notice of Levy (2), Writ of Execution (2); Memorandum of Garnishee (2); Exemptions from the Enforcement of Judgments; Current Dollar Amounts of Exemptions from the Enforcement of Judgments; Blank Financial Statement; Blank Claim of Exemptions

Earnings Withholding Order:

Earnings Withholding Order (2); Application for Earnings Withholding Order; Employer’s Return (2); Employee's Instructions; Writ of Execution; Confidential Statement of Judgment Debtor's Social Security Number; Blank Financial Statement; Blank Claim of Exemptions

Notice of Attachment- Real Estate (Ex Parte):

Notice of Attachment, Writ of Attachment; Ex-Parte Right to Attach Order for Issuance of Writ of Attachment; Attachment to Ex-Parte Right to Attach Order for Issuance of Writ of Attachment; Notice of Deposit in Lieu of Bond; Proof of Service; Memorandum of Garnishee (2); Exemptions from the Enforcement of Judgments; Current Dollar Amounts of Exemptions from the Enforcement of Judgments; Blank Financial Statement; Blank Claim of Exemptions

Notice of Attachment- Real Estate (After Hearing):

Notice of Attachment, Writ of Attachment (After Hearing); Right to Attach Order for Issuance of Writ of Attachment After Hearing; Attachment 3(c)(2) to Right to Attach Order for Issuance of Writ of Attachment After Hearing; Undertaking Bond; Memorandum of Garnishee (2); Exemptions from the Enforcement of Judgments; Current Dollar Amounts of Exemptions from the Enforcement of Judgments; Blank Financial Statement; Blank Claim of Exemptions

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