Can third party fill out claim of exemption EJ-160 or do they only fill out third party ownership or possession CCP 720.110

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I recently found out ther is a limited civil claim against me by a defaulted loan debt. My bank account was levied about $600 was taken out. My bank told me the county sherif's office has a hold on my bank account for 2 years. I contacted sherrif's office today, i was told it was too late for me to file a claim of exemption. I told then I was never served, and the proof of service filed against me is made up. They said they cannot give legal advice. The SHerrif's office was not aware that there was a safe deposit box under my bank account and that someone else ownes or co-ownes the safe deposit box but they have put a hold. However Sherrif's office advised me the co owner can still file a third party claim until Nov 1st. Should the third party also fill out the claim of exemption ?

Attorney Answers

3
Manuel Alzamora JuarezCar / Auto Accident LawyerBerkeley, CA ·
Both of my colleagues are correct in their assessment of the situation. The co-owner can file a third party claim right away. The Sheriff is right, he cannot give you legal advice. So, depending when you found out about the judgment, you might want to file a motion to vacate the judgment for failure to serve or improper service. Best of luck.
0 upvotes
Neil Pedersen ·
No, the third party would not file a claim of exemption. Exemptions only relate to the judgment debtor. Good luck to you.
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