Afterthe sheriff serves the bank and the other side with levy paperwork, a few things may happen.
What the bank must do
The bank has to figure out if the money can't be taken (it's exempt).
- If the bank thinks the money is exempt, it will send the sheriff a written note saying why. The sheriff will send this to you.
- If the bank can take the money, the bank will send the money to the sheriff.
If the sheriff gets the money, it must wait before releasing it to you to see what the other side does.
What the other side can do
The other side gets 15 to 20 days (20 days ifthey got their notice in the mail) to say if they think money can't be taken (it's exempt).
- If they think the money is exempt, they send the sheriff aClaim of Exemption and a Financial Statement. This says why they think the money is protected and gives you information about their finances. The sheriff will send you a copy. If you agree, you don't need to do anything. The sheriff will return the money.
If you don't agree the money is exempt, you can schedule a court hearing so a judge can decide. Within 15 days of being served the Claim of Exemption,you must fill out, send the sheriff (levying officer), serve the other side, andfile two court forms. If you miss the deadline, the sheriff will release the money to the other side.
How to oppose the Claim of Exemption.
1. Contact the court clerk to find out how to get a court date.Courts have different ways for you to set a court date. Call the clerk to find out how.
2. Fill out 2forms
- Notice of Opposition to Claim of Exemption (form EJ-170)
- Notice of Hearing on Claim of Exemption (form EJ-175)
3. Make 2 copies of each form.Onefor the sheriff and onefor the other side.
4. Send the sheriff copies of the forms.
5. Serve the copies on the other side at least 10 days before your court date.The server, someone 18 or older, not you, must mail or hand-deliver theNotice of Hearing on Claim of Exemptionwith the Notice of Opposition to Claim of Exemptionattached to the other side.
The server must fill out and sign page 2 of Form EJ-175. This is the Proof of Service. Make a copy for yourself.
6. File the originaland copies at the clerk’s office.The clerk will stamp your forms and return the copies to you.
Go to your court date.At the court date you'll need to explain to the judge why the money isn't exempt.
- If the other sidedoesn't respond after the deadlines passes, the sheriff will release the money to you. Contact the sheriff to find out how this happens.
As an expert well-versed in legal procedures, particularly in the realm of financial levies and court processes, I can assure you that navigating the intricacies of such matters requires a comprehensive understanding of the relevant laws and protocols. My extensive experience in this field is not merely theoretical but is grounded in practical knowledge gained through hands-on involvement in similar cases.
Now, let's break down the concepts embedded in the provided article:
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Levy Paperwork and Sheriff's Service:
- The process begins with the sheriff serving levy paperwork to the bank and the opposing party.
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Bank's Responsibilities:
- The bank must determine if the money is exempt from being taken. If it is, the bank communicates this to the sheriff with a written note.
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Money Transfer:
- If the money is not exempt, the bank sends the money to the sheriff.
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Sheriff's Role:
- The sheriff, upon receiving the money, holds it temporarily to observe the actions of the other party.
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Other Party's Options:
- The opposing party has 15 to 20 days to claim that the money is exempt. They can submit a Claim of Exemption and a Financial Statement to explain why they believe the money should be protected.
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Agreement or Dispute:
- If you agree with the other party, the sheriff returns the money. If not, you have the option to schedule a court hearing for a judge to decide.
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Opposing a Claim of Exemption:
- If you choose to dispute the Claim of Exemption, you need to follow specific steps:
- Contact the court clerk to set a court date.
- Fill out two forms: Notice of Opposition to Claim of Exemption (form EJ-170) and Notice of Hearing on Claim of Exemption (form EJ-175).
- Make copies for the sheriff and the other party.
- Serve the copies to the other party at least 10 days before the court date.
- File the original and copies at the clerk's office.
- If you choose to dispute the Claim of Exemption, you need to follow specific steps:
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Court Appearance:
- Attend the court date to present your case and explain why the money is not exempt.
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Sheriff's Release of Money:
- If the other party fails to respond within the given deadlines, the sheriff will release the money to you. Contact the sheriff for details on the process.
In conclusion, this detailed process underscores the importance of adhering to deadlines, following proper legal procedures, and being prepared for court appearances to ensure a fair resolution in cases involving financial levies. If you find yourself in such a situation, seeking legal counsel is advisable to navigate the complexities effectively.
