1. business and industrial
2. company
3. bankruptcy

Sacramento County Public Law Library
& Civil Self Help Center
609 9th Street
Sacramento, CA 95814
(916) 874-6012
www.saclaw.org
BANK LEVY
Collect Your Judgment from the
Debtor’s Bank Account
Disclaimer: This guide is intended as general information only. Your case may have factors
requiring different procedures or forms. The information and instructions are provided for
use in the Sacramento County Superior Court. Please keep in mind that each court may
have different requirements. If you need further assistance, consult a lawyer.
FORMS
The Judicial Council form commonly used in this procedure is:
•
Writ of Execution (EJ-130) www.courts.ca.gov/documents/ej130.pdf
BACKGROUND
After you’ve won your lawsuit and received a judgment against the other party, your
next step is to attempt to collect what you’re owed. The court does not collect your
judgment – as the judgment creditor, this is your job.
If the judgment debtor has a bank account, the judgment creditor may be able to take
money from the account. An account held jointly by the judgment debtor and his or her
spouse or another person, or held solely by the judgment debtor’s spouse, may also be
levied.
Step-by-Step Instructions
STEP 1: LOCATE THE JUDGMENT DEBTOR’S BANK ACCOUNT(S)
If the judgment debtor is someone from whom you’ve received a check, you may
already have this information. Otherwise, you may wish to conduct a Debtor’s
Examination. This is a formal court proceeding in which the judgment creditor may
question the debtor about the location and value of the judgment debtor’s assets,
including information about his or her bank account(s). For more information, see the
Step-by-Step guide on Debtor’s Examinations on our website at www.saclaw.org/pages/
debtor-exam.aspx.
STEP 2: OBTAIN A WRIT OF EXECUTION
To levy the debtor’s bank account, you must ask the court to issue a Writ of Execution
(EJ-130). This is a court order instructing the Sheriff to enforce your judgment in the
county where the assets are located.
If you wish to add additional costs incurred after entry of judgment, such as the costs
associated with enforcing the judgment (cost of issuing the Writ of Execution; Levying
Officers’ fees; fees for the Application for Order for Appearance of Judgment Debtor) or
accrued interest on your judgment amount, you must file a Memorandum of Costs after
Judgment (MC-012) with your Writ of Execution (EJ-130). For more information, see the
Step-by-Step guide on Adding Costs and Interest to a Judgment on our website at
www.saclaw.org/pages/memo-costs.aspx.
You must serve your Memorandum of Costs after Judgment (MC-012) on the judgment
debtor prior to filing. The judgment debtor has 10 days after service of the Memorandum
of Costs to oppose it by filing a Motion to Tax Costs (California Code of Civil Procedure
(CCP) § 685.070).
To obtain a Writ of Execution (EJ-130), file the following items with the court:
•
•
•
•
Completed Writ of Execution (EJ-130) (original + 2 photocopies)
Completed Memorandum of Costs after Judgment (MC-012), if desired, including
the completed Proof of Service on page 2 of the form (original + 2 photocopies)
File-endorsed (stamped) copy of the judgment
Filing fee ($25 as of 1/14; see current fees at www.saccourt.ca.gov/fees/docs/
fee-schedule.pdf)
Your documents will be filed in the drop box at the Gordon D. Schaber Sacramento
County Courthouse at 720 Ninth Street. After reviewing your documents, the clerk will
issue the Writ, and return the documents to you by mail. Your Writ will be valid for 180
days after it is issued.
STEP 3: OBTAIN SUPPORTING DOCUMENTS, IF NEEDED
In some special situations, the levying officer will ask for additional documentation in
order to levy a bank account.
Spousal Affidavit
California law (CCP § 700.160(b)) allows a judgment creditor to collect money from the
bank account in the name of the debtor's spouse even when the debtor's name is not on
the account. To do this, the judgment creditor must provide a declaration under oath to
the levying officer, stating that the person whose account is to be levied is married to
the judgment debtor. You may use Declaration (MC-030), available online at
www.courts.ca.gov/documents/mc030.pdf, to write this statement.
Fictitious Business Name Statement
Accounts in the judgment debtor’s Fictitious Business Name (e.g., Robert Jones DBA
Jones Enterprises) may be levied if the business is registered solely in the names of the
debtor and/or debtor’s spouse. If a third party is also registered, the account cannot be
levied. To levy this type of account, you will need to provide an unexpired, certified copy
of a fictitious business name statement. To obtain certified copies of these statements
for Sacramento County businesses, visit the Department of Finance, Tax Collection and
Licensing, Business License Unit, located at 700 H Street, Room 1710.
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STEP 4: DETERMINE WHEN TO HAVE YOUR LEVY SERVED
A “levy packet” must be served on the bank by a Sheriff or registered process server.
This packet includes the Writ of Execution (EJ-130), which must be valid at the time it is
served on the bank. Be sure to time this properly, so that the packet is not served to the
bank more than 180 days after the Writ is issued.
A bank levy is a one-time event, and only attaches the funds in the account at the time
the bank is served. Therefore, timing service of your levy can be very important – you
will want your papers served on a day when there is a lot of money in the account. For
this reason, some judgment creditors prefer to have a registered process server serve
the bank, so they can specify the exact date for service. You can find registered process
servers in the Yellow Pages or from the directory of the National Association of
Professional Process Servers at www.napps.org/default.aspx. If you hire a process
server, they will be responsible for delivering documents to the bank, judgment debtor,
other account holders, and the Sheriff. The Sheriff’s Department will handle all other
aspects of the bank levy, including receiving and releasing funds.
STEP 5: COMPLETE THE LEVY INSTRUCTIONS
The Writ of Execution (EJ-130) simply tells the Sheriff to enforce a judgment, but does
not specify the method(s) to be used. You must provide details of how they are to
enforce your judgment.
To enforce your judgment with a bank levy, you must provide the levying officer with
information about the debtor’s account(s). These instructions may be provided to the
Sacramento Sheriff using their “Instructions for Bank Levy” form, which is available at
www.bit.ly/levy-instructions. If service will be performed by a registered process server,
or by the Sheriff in a different county, ask how they would like to receive their
instructions.
California law (CCP § 684.115) requires all financial institutions with 10 or more
branches to designate a central location for service of process. In your instructions, you
will need to identify the location to which your levy documents should be served. A list of
these central locations for service is available online at http://www.dbo.ca.gov/
Laws_&_Regs/legislation/service_of_legal_process/.
STEP 6: HAVE YOUR WRIT SERVED
To have your documents served by the Sheriff; bring the items listed below to the
Sacramento County Sheriff’s Civil Division, 3341 Power Inn Road, Room 313. If you will
have registered process server serve the bank, ask your server what he or she will
need. You will likely need the following documents:
• Original Writ of Execution (EJ-130)
• Sheriff’s Instructions for Bank Levy or Letter of Instruction to process server
• Cash or check for the Sheriff’s fee (currently $30 (California Government Code
(Govt) § 26750). This is the fee for having the Sheriff process the levy; it must be
paid even if a registered process server will be serving the documents.
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As applicable, also include:
• Original + 2 copies of your Spousal Affidavit
• Certified copy+ 2 copies of Fictitious Business Name Statement
If you hire a process server, the process server will bring the required documents to the
Sheriff’s Department, open a file, and have a Levying Officer’s file number assigned.
Based on the information on your Writ, the process server or Sheriff will complete a
Notice of Levy (EJ-150) for the bank, the judgment debtor, and any other named
account holders. Upon the Notice of Levy (EJ-150) will be a Levying Officer’s file
number. Keep track of this number, because it will be as important as the case number
down the road! You can use this number to track the status of your file at
www.sacSheriff.com/civil/cases/.
To initiate the bank levy, the Sheriff or process server will serve the bank with:
• Copy of the Writ of Execution (EJ-130)
• Notice of Levy (EJ-150)
• A blank Memorandum of Garnishee (EJ-152), for use by the bank
Once served with these documents, the bank must freeze the account(s). This means
that no withdrawals may be made, and no checks written against the account will
be honored.
At the time of the levy, or promptly thereafter, the Sheriff or process server will serve the
judgment debtor with:
• Copy of the Writ of Execution (EJ-130))
• Notice of Levy (EJ-150) (addressed to bank)
• Notice of Levy (EJ-150) (addressed to debtor)
• Exemptions from the Enforcement of Judgments (EJ-155)
The Sheriff or process server will serve any other named account-holders served with:
• Copy of the Writ of Execution (EJ-130)
• Notice of Levy (EJ-150)
• A blank Memorandum of Garnishee (MC-152), for use by the account holder
The process server will complete a Proof of Service for each person served, and return
those, along with the original Writ of Execution (EJ-130), to the Sheriff.
The bank has 10 days to turn over the funds to the Sheriff, or to complete the
Memorandum of Garnishee (EJ-152) and return it to the Sheriff. On this form, they must
explain why the judgment debtor’s funds cannot be released. For example, funds
cannot be released if another judgment creditor has already served a levy on the same
funds, or if the account has a $0 balance. A bank will commonly submit a Memorandum
of Garnishee (EJ-152) when it is aware that the account receives direct deposits of
Social Security or other public benefits. If the bank completes a Memorandum of
Garnishee (EJ-152), the Sheriff will mail a copy to the judgment creditor.
STEP 7: WAIT FOR RESPONSE FROM THE DEBTOR, IF ANY
Under state and federal law, some types of income and property are exempt from
collection. If the Memorandum of Garnishee (EJ-152) indicates that the account
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includes exempt funds, such as Social Security benefits, the Memorandum of
Garnishee (EJ-152) serves as a claim of exemption. Additionally, if the judgment debtor
or other account holder believes his or her funds are exempt, that person has 10 days
after receiving the Notice of Levy (EJ-150) to file a Claim of Exemption (EJ-160) with the
Sheriff’s Department to prevent the levy. The Sheriff will mail the judgment creditor a
copy of the Claim of Exemption (EJ-160) and Financial Statement (EJ-165).
STEP 8: OPPOSE THE CLAIM OF EXEMPTION, IF APPROPRIATE
Be sure to review the Claim of Exemption (EJ-160) and Financial Statement (EJ-165)
carefully, to determine if you agree whether the funds are exempt from collection. You
can read about most of these exemptions in Exemptions from the Enforcement of
Judgments (EJ-155). An adaptation of this document, with hyperlinks to the applicable
code sections, is available on the Law Library's website at www.saclaw.org/pages/
exemptions.aspx. If you agree that the funds are exempt, you do not need to do
anything. After 10 days, the exemptions are automatically granted and the funds
claimed exempt will be returned to the debtor. If you do not believe the funds are
exempt from collection, and decide to oppose the claim of exemption, you must act
quickly. There is an extremely tight turnaround on the deadlines for oppositions.
8.1 Determine when to schedule your hearing. You, as the person filing the
opposition, are responsible for selecting the hearing date. There are three separate time
periods to consider when choosing your hearing date:
a) Your Notice of Opposition to Claim of Exemption (EJ-170) must be given to the
levying officer and filed with the court within 10 calendar days after the Sheriff
mails you the Claim of Exemption (EJ-160) (CCP § 703.550).
b) Your Notice of Opposition to Claim of Exemption (EJ-170) and Notice of Hearing
on Claim of Exemption (WG-010/EJ-175) must be served on the judgment debtor
(or other claimant) at least 10 calendar days before your hearing (CCP §
703.570(b)).
c) Your hearing must be scheduled within 30 calendar days of filing your Notice of
Opposition to Claim of Exemption (EJ-170) (CCP § 703.570(a)).
To comply with these three timelines, you may find that there are only a few possible
days for your hearing!
Day the Sheriff
mails you the Claim
of Exemption
Last day to file
your Opposition
Last day to have
a hearing on
your Opposition
First day to have a
hearing, if served on
st
May 21 .
5
1. Determining when to file your Opposition. You have 10 calendar days to file your
Notice of Opposition to Claim of Exemption (EJ-170). Suppose the Sheriff mails you
the debtor’s Claim of Exemption (EJ-160) on May 11th. Count 10 days, starting with
May 12th as Day 1. Day 10, May 21st, is the last day you can file your Notice of
Opposition with the court and give it to the Sheriff (see green numbers on the
calendar above).
2. Determining the first possible day to hold your hearing. Your Notice of
Opposition to Claim of Exemption (EJ-170) and Notice of Hearing on Claim of
Exemption (WG-010/EJ-175) must be filed and served at least 10 calendar days
before your hearing. Suppose you file and serve your opposition on May 21st. To
determine the earliest possible hearing date, start counting using May 22nd as day
one. The tenth day after that would be May 31st, 2012, which is the earliest date the
opposition could be heard. If the tenth day falls on a weekend or court holiday, then
you could not have your hearing until the next court business day (see the red
numbers on the calendar above).
3. Determining the last possible day to hold your hearing. Your hearing must be
held within 30 calendar days of filing your Notice of Opposition to Claim of
Exemption (EJ-170). Suppose you file your opposition on May 21st. Start counting
days with May 22nd. The 30th day, the last possible date for your hearing, is June 20th
(see the blue numbers on the calendar above).
In this particular example, your hearing must be held between May 31st and June 20th.
Even a brief delay in service would cut this time even shorter.
You can give yourself the widest ranges of possible hearing dates by serving your
documents as early as possible, and filing them as late as possible. This is particularly
true in months with multiple holidays.
8.2 Determining the Department to Hear and the Time of the Motion
Oppositions to Claims of Exemption are heard in Department 53 at 2:00 p.m. or
Department 54 at 9:00 a.m., depending on your case number, Monday through Friday
except for holidays. To determine whether your motion is in department 53 or 54:
•
•
If your case number is in the format XXAMXXXXX or XXASXXXXX where X is a
digit, look at the last digit of the case number. If it is odd, then your law and
motion department is 53 at 2:00 p.m. If it is even, it is department 54 at 9:00 a.m.
If your case number is in the format 34-YYYY-XXXXXXXX where YYYY is a
year, and X are digits, look at the last two digits in the case number. If the last
two digits are in the ranges of 00-24 or 75-99, your law and motion department is
53 at 2:00 p.m. If the last two digits are in the ranges of 25-74, it is department 54
at 9:00 a.m.
8.3 File and serve your documents
Complete the Notice of Opposition to Claim of Exemption (EJ-170), available online at
www.courts.ca.gov/documents/ej170.pdf and Notice of Hearing on Claim of Exemption
(WG-010/EJ-175), available online at www.courts.ca.gov/documents/ej175.pdf. Make 3
copies of each form. File the forms at the filing counter in Room 102 of the Gordon D.
Schaber Courthouse. The clerk will stamp your documents and return the photocopies
to you. One photocopy is for the judgment creditor’s records. One photocopy of each
document must be given to the Sheriff, so that the funds will be held until the court
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makes a decision. The third photocopy must be served on the judgment debtor (or if the
judgment debtor is represented by a lawyer, on that lawyer) at least 10 calendar days
before your hearing. The server must complete a proof of service form, typically either a
Proof of Personal Service (POS-020) or a Proof of Service by First Class Mail (POS030). For more information on these Proofs of Service, see the guides on our website at
www.saclaw.org/pages/personal-service.aspx and www.saclaw.org/pages/posmail.aspx, respectively.
You must include notice of the tentative ruling system with your documents. You can
create your own notice on pleading paper, using the language for this notice available
from the Sacramento County Superior Court’s website at www.saccourt.ca.gov/civil/
motions-hearings-tentative.aspx. Or, you may place the tentative ruling language on an
Additional Page (MC-020), and attach it to your Notice of Hearing. You can download a
pre-filled Additional Page from the Law Library’s website at www.saclaw.org/uploads/
files/Step-by-Step/TentativeRulingNotice.pdf
STEP 9: CHECK YOUR TENTATIVE RULING
Sacramento Superior Court uses a Tentative Ruling System. Pursuant to Local Rule
1.06, the court will make a tentative ruling on the merits of your matter by 2:00 p.m. the
court day before the hearing. You may read the tentative ruling online, or may call the
clerk for Department 53 ((916) 874-7858) or Department 54 ((916) 874-7848) to hear it.
In the tentative ruling, the judge will determine what funds, if any, are exempt from
collection. The ruling will typically order the release of non-exempt funds to the creditor.
If you are happy with the tentative ruling, you do not need to do anything. You won’t
have to go to court unless ordered to appear in the tentative ruling or unless the other
side calls you and the court between 2:00 p.m. and 4:00 p.m. the court day before your
hearing date to request an oral argument in front of the judge. If that happens, you
should go to the court hearing and be prepared to argue your case.
If you are not happy with the tentative ruling, and wish to present arguments in front of
the judge, you must call all opposing counsel and/or self-represented parties, and the
clerk for Department 53 ((916) 874-7858) or Department 54 ((916) 874-7848) no later
than 4:00 p.m. the court day before your hearing and state that you are requesting oral
argument on the motion. If neither you nor the opposing counsel or self-represented
party requests oral argument, the court will simply make the tentative ruling the order of
the court, and no oral argument will be permitted.
For information on how to view the ruling online, see the “Tentative Rulings” Guide on
our website at www.saclaw.org/pages/tentative-rulings.aspx.
STEP 10: SHERIFF WILL RELEASE FUNDS TO YOU
After determining what funds, if any, are exempt, the court will issue an order directing
the Sheriff to release the appropriate amount to the judgment creditor.
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FOR MORE INFORMATION
On the Web:
Collect from the Debtor’s Property - California Courts Self-Help Website
www.courts.ca.gov/11190.htm
How to Ask the Court to Stop or Reduce a Bank Levy – Step-by-Step guide from the
Sacramento County Public Law Library www.saclaw.org/pages/claim-exemption-banklevy.aspx
At the Law Library:
California Civil Practice: Procedure KFC 995 .A65 B3 Chap. 30, §§ 30:23-30:35
Electronic Access: On the Law Library’s computers, using WestlawNext.
California Forms of Pleading and Practice KFC 1010 .A65 C3 (Ready Reference)
Chap. 254 §§ 254.60-254.68
Electronic Access: On the Law Library’s computers, using the Matthew Bender CD.
California Practice Guide: Enforcing Judgments and Debts KFC 1065 .A9 S3
Chap. 6D
Electronic Access: On the Law Library’s computers, using WestlawNext.
Debt Collection Practice in California KFC 256 .C83 Chap. 9
Electronic Access: On the Law Library’s computers, using OnLaw.
Enforcing Civil Money Judgments: Here’s How and When to Do It KFC 1065 .O65
Electronic Access: On the Law Library’s computers, using OnLaw.
How to Collect When You Win a Lawsuit KFC 1065 .Z9 S25 (Self Help) Chap. 8
Matthew Bender Practice Guide: California Debt Collection and Enforcement of
Judgments KFC 1065 .E5 M38 Chap. 16
Electronic Access: On the Law Library’s computers, using the Matthew Bender CD.
Witkin’s California Procedure KFC 995 .W58 (Ready Reference)
Chap. 10, §§ 117-138
Electronic Access: On the Law Library’s computers, using WestlawNext.
IF YOU HAVE QUESTIONS ABOUT THIS GUIDE, OR IF YOU NEED HELP FINDING OR
USING THE MATERIALS LISTED, DON’T HESITATE TO ASK A REFERENCE LIBRARIAN.
H:\public\LRG-SBS\ SBS Bank Levy\BANK LEVY.docx
created 1/13 mpj
reviewed 11/13 en
updated 1/14 mpj
Forms revised 7/14mpj
8
Your name, address, and
phone number. In Pro Per
means you’re representing
yourself. Check the box next
to “Judgment Creditor.”
Court name,
address, and branch.
Plaintiff’s and Defendant’s names
as they appeared on the Complaint.
Case Number
Check the box for
Execution (Money
Judgment)
Check the box that
describes your case.
The County where the assets are located
Enter your name, check Judgment Creditor
11. Judgment amount.
12. Amount of costs listed on
your MC-012. Otherwise, enter 0.
13. Add lines 11+12.
14. Amount of any payments or
other credits.
Name & address of Judgment Debtor
Check box a
15. Subtract line 14-15.
Enter date(s).
If never
renewed,
leave blank.
16. Amount of interest listed on
your MC-012. Otherwise, enter 0.
17. If you paid a fee for issuing
this writ, list it here. If you have a
fee waiver, enter 0.
18. Add 15+16+17.
19. (a) Multiply the amount on
line 15 by 0.0002739 to get the
daily interest rate, and enter the
amount here.
Questions 8 and 10 apply only to rare
situations. Question 9 does not apply to
Writs of Execution used for Wage
Garnishments. Leave all three
questions blank.
(b) Leave blank unless your fees
in this case were waived, and
your judgment states that the
waived fees are to be paid by the
judgment debtor. Otherwise,
enter the fee amount.
20. Leave blank, unless you have
multiple debtors owing different
amounts.
9
Plaintiff’s and Defendant’s names
as they appeared on the Complaint.
Case number
Only answer this question if your
case had multiple defendants.
A Writ of Execution is used for a variety of
collection methods, so the form includes
a variety of questions. If this Writ of
Execution will be used to start a Wage
Garnishment, questions 22-24 will not
apply, so leave them blank.
10
Your name, address, and
phone number. In Pro Per
means you’re representing
yourself.
Court name,
address, and branch.
Plaintiff’s and Defendant’s names
as they appeared on the Complaint.
Case Number
List the costs you
have incurred in
each category,
and dates on
which each was
incurred.
Total of lines a-h
Total from questions 1 and 2
The amount of any payments or credits
Check Judgment
Creditor
Enter your name,
date and sign
11
Enter the amount of
interest accrued on the
unpaid judgment amount.
See the Adding Costs
and Interest guide for
more information.
If you filed a
Memorandum
of Costs
before, enter
the amount
claimed on
your previous
Memoranda
Your name, address, and
phone number. In Pro Per
means you’re representing
yourself.
Court name,
address, and branch.
Case Number
Plaintiff’s and Defendant’s names
as they appeared on the Complaint.
You will need a Spousal Affidavit if you are
trying to levy a bank account in held the
name of the judgment debtor’s spouse.
Calvin J. Creditor
Enter your name, date and
sign, check box for “Plaintiff”
12
The Sheriff or Registered Process
Server will complete this form
based on the information in your Writ
of Execution (Form EJ-130).
13
Sacramento County
Sheriff’s Department
3341 Power Inn Rd #313
Sacramento, CA 95826
916-875-2665
The bank will complete this form
and return is to the Sheriff, if they
will not be remitting funds to the
levying officer.
14
15
Your name, address, and
phone number. In Pro Per
means you are representing
yourself.
Court name, address, and branch.
Plaintiff’s and
Defendant’s names
as they appeared
on the Complaint.
Case Number
Levying Officer’s
File Number
Judgment debtor’s
name and address
Your name and address
If you know the judgment debtor’s Social Security
Number, enter all Xes, except the last 4 digits
Enter the date listed on WG-008
Check the box
that describes
your objection
Provide details supporting your objection. If you
need more room, check the first box, and attach
a piece of paper, labeled “Attachment 6.”
Enter your name, date and sign
16
Your name, address, and phone
number. In Pro Per means you are
representing yourself.
Court name
Plaintiff’s and Defendant’s
names as they appeared on
the Complaint.
Case Number
Levying Officer’s File Number
Judgment Debtor’s
name and address
Levying Officer’s
name and address
Check judgment debtor
Enter the date, time and department of your hearing. See Step 5 of
this guide for information about selecting your hearing date.
Address of the department
holding your hearing.
Enter your name, date and sign.
17
Case name, usually the last
names of the parties.
Levying Officer’s File Number
Case Number
Address of person serving the documents.
Date and location of mailing
Name and address of the person served.
Name, date, and signature of person serving documents.
The Notice of Hearing on Claim of
Exemption (WG-010/EJ-175) may be
served by mail or in person. If served by
mail, the server should complete only the
top half of this form. If personally served,
complete only the bottom half of this form.
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