Fillable Self-Help Services SUPERIOR COURT OF CALIFORNIA www.occourts.org/self-help COUNTY (The Superior Court of California - County of Orange)

Fill Online, Printable, Fillable, Blank Self-Help Services SUPERIOR COURT OF CALIFORNIA www.occourts.org/self-help COUNTY (The Superior Court of California - County of Orange) Form

Use Fill to complete blank online THE SUPERIOR COURT OF CALIFORNIA - COUNTY OF ORANGE pdf forms for free. Once completed you can sign your fillable form or send for signing. All forms are printable and downloadable.

Self-Help Services SUPERIOR COURT OF CALIFORNIA www.occourts.org/self-help COUNTY (The Superior Court of California - County of Orange)

On average this form takes 41 minutes to complete

The Self-Help Services SUPERIOR COURT OF CALIFORNIA www.occourts.org/self-help COUNTY (The Superior Court of California - County of Orange) form is 32 pages long and contains:

  • 1 signature
  • 79 check-boxes
  • 123 other fields

Country of origin: US
File type: PDF

Use our library of forms to quickly fill and sign your The Superior Court of California - County of Orange forms online.

BROWSE THE SUPERIOR COURT OF CALIFORNIA - COUNTY OF ORANGE FORMS

Related forms
Fill has a huge library of thousands of forms all set up to be filled in easily and signed.
Fill in your chosen form
Sign the form using our drawing tool
Send to someone else to fill in and sign.
find another form
 
SELF-HELP FORM PACKET
Complete the attached forms in black ink.
Scan your completed forms and save as a single PDF file.
E-mail the PDF to SelfHelpCivil@occourts.org.
Self-Help Services can review your completed forms before you file them
with the Court. To request review of your completed forms:
1.
2.
3.
SHC-CPJ-01 (Rev. 01/01/2021)
SelfHelpCivil@occourts.org 657.622.8511
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ORANGE
Self-Help Services
www.occourts.org/self-help
INFORMATION SHEET FOR CALCULATING INTEREST
AND AMOUNT OWED ON A JUDGMENT
Under California law, the amount recoverable by a judgment creditor includes:
Costs After Judgment
A judgment creditor is entitled to reimbursement for the “reasonable and necessary” costs of enforcing a judgment. These
costs must be reported to the court within two years of the date incurred. The judgment amount includes costs ordered by
the court after the judgment. (For information on recovering costs and a detailed list of costs that can be recovered see
Code of Civil Procedure sections 685.040, 685.050 et seq., 685.070(b), and 685.090; see also “Requesting Costs and
Interest” below).
Crediting Payments Received
MC-013-INFO
Form Approved for Optional Use
Judicial Council of California
MC-013-INFO [New January 1, 2018]
INFORMATION SHEET FOR CALCULATING INTEREST
AND AMOUNT OWED ON A JUDGMENT
MC-013-INFO
Page 1 of 2
The total amount of the judgment entered by the court (principal), plus costs;
What can the judgment creditor recover?
Accrued Interest (See Code Civ. Proc., §§ 685.010, 685.020(a), and Cal. Const., art. XV, § 1.)
Interest accrues on an unpaid judgment amount at the legal rate of 10% per year (7% if the judgment debtor is a state or
local government entity) generally from the date of entry of the judgment. Interest begins to accrue on the amount of costs
added to a judgment from the date ordered by the court or from the date costs are allowed following expiration of the time
to object. (Code Civ. Proc., § 685.070(d).) Also, upon renewal of a judgment, interest begins to accrue on the day the
renewed judgment is entered. If the judgment is payable in installments, interest accrues from the date each installment is
due.
Any payments received by the judgment creditor must be “credited” in a specific order. (Code Civ. Proc., § 695.220.)
After specific costs go directly to the levying officer and to the court for fees, the judgment creditor is required to credit
payments received first toward accrued interest and then toward the judgment principal (including costs approved by the
court after entry of the judgment).
Calculation of Interest on Judgment and Amount Due
Following are various formulas and examples to assist with the calculation of interest on a judgment using a 10% interest
rate:
Calculating Daily Interest on a Judgment Using 10% Interest Rate
Following is the formula for figuring out the amount of interest earned per day on a judgment.
Formula: Total amount of judgment owed x 10% (or 0.10) = interest earned per year.
Divide that number by 365 = daily interest earned.
Example: Judgment debtor owes the judgment creditor $5,000 (the “judgment principal”).
$5,000 x 0.10 = $500
$500/365 = $1.37 daily interest
The amount of interest earned will be $1.37 per day as long as the unpaid amount remains $5,000.
Calculating the Total Amount Due, Including Interest, on the date of payment
Step 1: Calculate the amount of interest owed on the date of payment. This amount will equal the daily interest rate
calculated above, multiplied by the number of days since the court entered the final judgment.
Figure out the total number of days that have passed since the court entered the final judgment up to the day of
payment.
Multiply the total days by the amount of daily interest. The result is the amount of interest owing on the day of
payment.
Costs after judgment under Code of Civil Procedure section 685.070; and
Requesting Costs and Interest
To have costs and interest added to the enforceable amount owed, the judgment creditor must file and serve a
Memorandum of Costs After Judgment (form MC-012). On this form, the judgment creditor must include the exact
amount of all costs and accrued interest. This means the judgment creditor is responsible for calculating the amount of
interest that accrues on the judgment. It is useful to update this calculation after receiving payments.
Accrued interest on the total amount.
1.
2.
MC-013-INFO [New January 1, 2018]
Page 2 of 2
MC-013-INFO
INFORMATION SHEET FOR CALCULATING INTEREST
AND AMOUNT OWED ON A JUDGMENT
The judgment debtor owes $137 in interest on the principal of $5,000 on the date of payment.
Step 2: Add the amount of interest that has accrued to the amount of the judgment.
$5,000 judgment amount + $137 interest = $5,137.
The judgment debtor owes a total of $5,137 on the 100th day after the court entered the judgment.
Crediting Partial Payments and Recalculating the Amount Due
If the judgment debtor does not pay all that is owed at one time, the partial payments the debtor makes are credited
to the interest first and then to the judgment amount (the principal) owed.
Example: Judgment principal of $5,000.
Step 1: Calculate the amount of interest owed on the date of payment
Following the above example: $1.37 per day x 200 days. After 200 days, $274 in interest will have accrued
on the $5,000 judgment (200 days x $1.37 per day).
Step 2: Apply payment to interest
The debtor paid $1,000, which must first be used to credit the $274 of accrued interest.
That leaves a balance of $726 to be credited toward the $5,000 principal ($1,000 - $274 = $726).
Step 3: Apply remainder to principal
The remaining credit of $726 is applied to the $5,000 judgment principal ($5,000 - $726 = $4,274).
The judgment debtor now owes $4,274 on the judgment principal.
Step 4: Calculate the new daily interest rate
Daily interest would then accrue at a rate of $1.17/day.
$4,274 x 10% = $427.40 interest earned per year.
$427.40/365 = $1.17 interest earned per day.
The amount of interest that accrues in the next 100 days:
100 days x $1.17 = $117.
The new daily interest would then accrue on the principal going forward at a rate of $1.07/day:
$3,891 x 10% = $389.10/365.
Example: Assume a $5,000 judgment was entered on June 1 and paid on September 8; 100 days from the entry of
the judgment have passed.
The daily interest is $1.37 (see above calculation).
$1.37 per day x 100 days = $137 interest owed on the date of payment.
First Payment: After 200 days, the judgment debtor pays $1,000
Second Payment: After 100 days, a payment of $500 is made (calculate using steps 1–4)
1.
2.
3.
The credit of $383 is then subtracted from the judgment principal of $4,274, leaving an unpaid balance of
$3,891.
The payment of $500 must first be credited towards the interest of $117, leaving a balance of $383 to be
credited against the principal ($500 - $117 = $383).
4.
Form Adopted for Mandatory Use
Judicial Council of California
MC-012 [Rev. September 1, 2018]
MEMORANDUM OF COSTS AFTER JUDGMENT,
ACKNOWLEDGMENT OF CREDIT, AND DECLARATION
OF ACCRUED INTEREST
Code of Civil Procedure,
§§ 685.040, 685.070, 695.220
www.courts.ca.gov
Page 1 of 2
ATTORNEY OR PARTY WITHOUT ATTORNEY
STATE BAR NUMBER:
NAME:
FIRM NAME:
STREET ADDRESS:
CITY: STATE: ZIP CODE:
TELEPHONE NO.: FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF:
DEFENDANT:
MEMORANDUM OF COSTS AFTER JUDGMENT, ACKNOWLEDGMENT OF
CREDIT, AND DECLARATION OF ACCRUED INTEREST
FOR COURT USE ONLY
CASE NUMBER:
MC-012
Accrued interest remaining due: I declare interest accruing (at the legal rate) from the date of entry or renewal and on
balances from the date of any partial satisfactions (or other credits reducing the principal) remaining due in the amount
of .
NOTICE TO THE JUDGMENT DEBTOR
If this memorandum of costs is filed at the same time as an application for a writ of execution, any statutory costs, not exceeding
$100 in aggregate and not already allowed by the court, may be included in the writ of execution. The fees sought under this
memorandum may be disallowed by the court upon a motion to tax filed by the debtor, notwithstanding the fees having been
included in the writ of execution. (Code Civ. Proc., § 685.070(e).) A motion to tax costs claimed in this memorandum must be filed
within 10 days after service of the memorandum. (Code Civ. Proc., § 685.070(c).)
I claim the following costs after judgment incurred within the last two years (indicate if there are multiple items in any category):
All previously allowed postjudgment costsb.
I acknowledge total payments to date in the amount of: (including returns on levy process and direct payments).
The payments received are applied first to the amount of accrued interest, and then to the judgment principal (including
postjudgment costs allowed) as follows: credit to accrued interest: ; credit to judgment principal .
$
$
$
1.
a.
Amount
Dates Incurred
$
$
$
Approved fee on application for order for appearance of judgment
debtor, or other approved costs under Code Civ. Proc., § 708.110
et seq.
$
$
$
Total of all postjudgment costs (add items a and b)
c. $
Preparing and issuing abstract of judgment
Recording and indexing abstract of judgment
Filing notice of judgment lien on personal property
Issuing writ of execution, to extent not satisfied by Code Civ. Proc.,
§ 685.050
Levying officers fees, to extent not satisfied by Code Civ. Proc.,
§ 685.050 or wage garnishment
(1)
(2)
(3)
(4)
(5)
(specify county):
Attorney fees, if allowed by Code Civ. Proc., § 685.040
(6)
(7)
(8)
Total of claimed costs for current memorandum of costs (add items (1)–(8))
(9)
Other:
$
$
(Statute authorizing cost):
2.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
(SIGNATURE OF DECLARANT)
Date:
(TYPE OR PRINT NAME)
Principal remaining due: The amount of judgment principal remaining due is . (See Code Civ. Proc., § 680.300)
b.
$
3.
I am the:4.
$
judgment creditor agent for the judgment creditor attorney for the judgment creditor.
I have knowledge of the facts concerning the costs claimed above. To the best of my knowledge and belief, the costs claimed are
correct, reasonable, and necessary, and have not been satisfied.
$
$
Postjudgment costs
a.
Credits to interest and principal
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
MC-012 [Rev. September 1, 2018]
Page 2 of 2
MEMORANDUM OF COSTS AFTER JUDGMENT,
ACKNOWLEDGMENT OF CREDIT, AND DECLARATION
OF ACCRUED INTEREST
(SIGNATURE OF DECLARANT)
Date:
(TYPE OR PRINT NAME)
CASE NUMBER:
Short Title:
PROOF OF SERVICE
1.
3.
I mailed or personally delivered a copy of the Memorandum of Costs After Judgment, Acknowledgment of Credit, and
My residence or business address is:
At the time of service I was at least 18 years of age and not a party to this legal action.
Declaration of Accrued Interest as follows (complete either a or b):
a.
Mail. I am a resident of or employed in the county where the mail occurred.
(1) I enclosed a copy in an envelope AND
(a)
deposited the sealed envelope with the United States Postal Service with the postage fully prepaid.
(b)
placed the envelope for collection and mailing on the date and at the place shown in items below following our
ordinary business practices. I am readily familiar with this business's practice for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is
deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with
postage fully prepaid.
(2) The envelope was addressed and mailed as follows:
(b)
(c)
Address on envelope:
Name of person served:(a)
Date of mailing:
(d)
Place of mailing (city and state):
(2)
(3)
Address where delivered:
Name of person served:(1)
Date delivered:
(4) Time delivered:
b.
Personal delivery. I personally delivered a copy as follows.
2.
Mail
Personal Service
MC-012
Form Approved for Optional Use
Judicial Council of California
EJ-130 [Rev. September 1, 2020]
1.
You are directed to enforce the judgment described below with daily interest and your costs as provided by law.
2.
To any registered process server: You are authorized to serve this writ only in accordance with CCP 699.080 or CCP 715.040.
is the
9. Writ of Possession/Writ of Sale information on next page.
10.
Total judgment (as entered or renewed)
Costs after judgment (CCP 685.090)
5.
Fee for issuance of writ (per GC 70626(a)(l))
6.
TotaI amount due (add 15, 16, and 17)
Levying officer:
7. Notice of sale under this writ:
a.
b.
8.
[SEAL]
20.
Clerk, by
, Deputy
NOTICE TO PERSON SERVED: SEE PAGE 3 FOR IMPORTANT INFORMATION.
Page 1 of 3
WRIT OF EXECUTION
Code of Civil Procedure, §§ 699.520, 712.010, 715.010
Government Code, § 6103.5
www.courts.ca.gov
Add daily interest from date of writ (at
the legal rate on 15) (not on
GC 6103.5 fees) . . . . . . . . . . . . . . . .
3.
4.
To the Sheriff or Marshal of the County of:
(Name):
original judgment creditor assignee of record
Additional judgment debtors on next page
Judgment renewed on
(dates):
has not been requested.
has been requested (see next page).
Joint debtor information on next page.
This writ is issued on a sister-state judgment.
$
The amounts called for in items 11–19 are different for each
debtor. These amounts are stated for each debtor on
Attachment 20.
EJ-130
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
BRANCH NAME:
CITY AND ZIP CODE:
STREET ADDRESS:
MAILING ADDRESS:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
FOR COURT USE ONLY
CASE NUMBER:
WRIT OF
EXECUTION (Money Judgment)
Personal Property
Real Property
POSSESSION OF
SALE
ATTORNEY OR PARTY WITHOUT ATTORNEY:
STATE: ZIP CODE:CITY:
STREET ADDRESS:
FIRM NAME:
NAME:
STATE BAR NO.:
TELEPHONE NO.: FAX NO.:
EMAIL ADDRESS:
ATTORNEY FOR (name):
ATTORNEY FOR
ORIGINAL JUDGMENT CREDITOR ASSIGNEE OF RECORD
Limited Civil Case
Unlimited Civil Case
(including Small Claims)
(including Family and Probate)
Judgment entered on (date):
whose address is shown on this form above the court’s name.
Judgment debtor (name, type of legal entity if not a
natural person, and last known address):
11.
12.
$
16.
17.
14.
$
$
18.
19.
a.
$
Credits to principal (after credit to interest)
$
Subtotal (add 11 and 12)
13.
$
Principal remaining due (subtract 14 from 13)
15.
$
Pay directly to court costs included in
11 and 17 (GC 6103.5, 68637;
CCP 699.520(j)) . . . . . . . . . . . . . . . .
b.
$
Accrued interest remaining due per
CCP 685.050(b) (not on GC 6103.5 fees)
For items 11–17, see form MC-012 and form MC-013-INFO.
$
(See type of judgment in item 22.)
Date:
23.
24.
c.
Page 2 of 3
WRIT OF EXECUTION
EJ-130
CASE NUMBER:
Defendant/Respondent:
Plaintiff/Petitioner:
name, type of legal entity if not a natural person, and
last known address of joint debtor:
a.
b. name, type of legal entity if not a natural person, and
last known address of joint debtor:
b.
a.
EJ-130 [Rev. September 1, 2020]
The judgment is for (check one):
22.
a.
b.
wages owed.
child support or spousal support.
other.
c.
Item 25 continued on next page
21.
Additional judgment debtor(s) (name, type of legal entity if not a natural person, and last known address):
Notice of sale has been requested by (name and address):
Joint debtor was declared bound by the judgment (CCP 989-994)
on (date):
on (date):
Additional costs against certain joint debtors are itemized: below on Attachment 24c.
25.
a.
(a)
(date):
The court will hear objections to enforcement of the judgment under CCP 1174.3 on the following dates (specify):
(b)
$The daily rental value on the date the complaint was filed was
(4)
If the unlawful detainer resulted from a foreclosure (item 25a(3)), or if the Prejudgment Claim of Right to Possession was
not served in compliance with CCP 415.46 (item 25a(2)), answer the following:
(Check (1) or (2). Check (3) if applicable. Complete (4) if (2) or (3) have been checked.)
(Writ of Possession or Writ of Sale) Judgment was entered for the following:
The Prejudgment Claim of Right to Possession was served in compliance with CCP 415.46. The
judgment includes all tenants, subtenants, named claimants, and other occupants of the premises.
The Prejudgment Claim of Right to Possession was NOT served in compliance with CCP 415.46.
The unlawful detainer resulted from a foreclosure sale of a rental housing unit. (An occupant not named in the
judgment may file a Claim of Right to Possession at any time up to and including the time the levying officer returns
to effect eviction, regardless of whether a Prejudgment Claim of Right to Possession was served.) (See CCP
415.46 and 1174.3(a)(2).)
(1)
(2)
(3)
Possession of real property: The complaint was filed on
EJ-130
CASE NUMBER:
Plaintiff/Petitioner:
Defendant/Respondent:
NOTICE TO PERSON SERVED
WRIT OF EXECUTION OR SALE. Your rights and duties are indicated on the accompanying Notice of Levy (form EJ-150).
WRIT OF POSSESSION OF PERSONAL PROPERTY. If the levying officer is not able to take custody of the property, the levying
officer will demand that you turn over the property. If custody is not obtained following demand, the judgment may be enforced as a
money judgment for the value of the property specified in the judgment or in a supplemental order.
WRIT OF POSSESSION OF REAL PROPERTY. If the premises are not vacated within five days after the date of service on the
occupant or, if service is by posting, within five days after service on you, the levying officer will remove the occupants from the real
property and place the judgment creditor in possession of the property. Except for a mobile home, personal property remaining on the
premises will be sold or otherwise disposed of in accordance with CCP 1174 unless you or the owner of the property pays the
judgment creditor the reasonable cost of storage and takes possession of the personal property not later than 15 days after the time
the judgment creditor takes possession of the premises.
EXCEPTION IF RENTAL HOUSING UNIT WAS FORECLOSED. If the residential property that you are renting was sold in a
foreclosure, you have additional time before you must vacate the premises. If you have a lease for a fixed term, such as for a year, you
may remain in the property until the term is up. If you have a periodic lease or tenancy, such as from month-to-month, you may remain
in the property for 90 days after receiving a notice to quit. A blank form Claim of Right to Possession and Notice of Hearing (form
CP10) accompanies this writ. You may claim your right to remain on the property by filling it out and giving it to the sheriff or levying
officer.
EXCEPTION IF YOU WERE NOT SERVED WITH A FORM CALLED PREJUDGMENT CLAIM OF RIGHT TO POSSESSION. If you
were not named in the judgment for possession and you occupied the premises on the date on which the unlawful detainer case was
filed, you may object to the enforcement of the judgment against you. You must complete the form Claim of Right to Possession and
Notice of Hearing (form CP10) and give it to the sheriff or levying officer. A blank form accompanies this writ. You have this right
whether or not the property you are renting was sold in a foreclosure.
EJ-130 [Rev. September 1, 2020]
Page 3 of 3
WRIT OF EXECUTION
The property is described
e.
below on Attachment 25e.
b.
c.
d.
25.
Possession of personal property.
If delivery cannot be had, then for the value (itemize in 25e) specified in the judgment or supplemental order.
Sale of personal property.
Sale of real property.
The judgment creditor seeks to levy upon property in which the judgment debtor has an interest and apply it to the satisfaction of a
judgment as follows:
a.
The property to be levied upon is described:
The amount necessary to satisfy the judgment creditor's judgment writ is
You are notified as:
a.
b.
(Read Information for Judgment Debtor or Information for Person Other Than Judgment Debtor on page two.)
Notice of Levy was
Form Approved for Optional Use
Judicial Council of California
EJ-150 [Rev. September 1, 2020]
NOTICE OF LEVY
(Enforcement of Judgment)
Code of Civil Procedure, § 699.540
1.
3.
a.
c.
d.
e.
f.
(SIGNATURE)
Page 1 of 2
TO THE PERSON NOTIFIED (name):
Judgment debtor (name):
in the accompanying writ of possession or writ of sale.
as follows:
Total amount due (less partial satisfactions) from line 18 of writ (form EJ-130) . . . . . . . . . . .
Levy fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recoverable costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sheriff's disbursement fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Total (a through d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Daily interest from line 19a of writ (form EJ-130) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a judgment debtor.
a person other than the judgment debtor
(state capacity in which person is notified):
mailed on
(date):
(date):
(date):
(date):
(date):
delivered on
posted on
filed on
recorded on
Date:
(TYPE OR PRINT NAME)
Levying officer Registered process server
EJ-150
ATTORNEY OR PARTY WITHOUT ATTORNEY (name and address):
After recording, return to:
TEL NO.:
ATTORNEY
FOR
ORIGINAL JUDGMENT
CREDITOR
ASSIGNEE
OF RECORD
EMAIL ADDRESS (optional):
FAX NO. (optional):
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
LEVYING OFFICER FILE NO.:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
LEVYING OFFICER (name and address):
Execution (Money Judgment)
under Writ of
NOTICE OF LEVY
Sale
COURT CASE NO.:
FOR RECORDER'S USE ONLY
b.
b.
4.
$
$
$
$
$
$
The judgment is for (check one):
wages owed.
2.
child/spousal support.
other.
www.courts.ca.gov
–INFORMATION FOR JUDGMENT DEBTOR–
1. The levying officer is required to take custody of the property described in item 1 in your possession or under your control.
2. There are automatic exemptions that financial institutions should apply to a deposit account before providing funds to the
levying officer. See below for more information.
3. You may claim any available exemption for your property. A list of exemptions can be found on form EJ-155. If you wish to
claim an exemption for personal property, you must do so within 15 days after this notice was delivered to you or
20 days after this notice was mailed to you by filing a claim of exemption and one copy with the levying officer as
provided in section 703.520 of the Code of Civil Procedure. The date of filing is calculated as the date the claim is received
by the levying officer, or the date of the postmark if the claim is mailed and assigned a tracking number by the U.S. Postal
Service or another common carrier. If you do not claim an exemption, you may lose it and the property is subject to
enforcement of a money judgment. If you wish to seek the advice of an attorney, you should do so immediately so
that a claim of exemption can be filed on time.
4. You are not entitled to claim an exemption for property that is levied upon under a judgment for sale of property. This
property is described in the accompanying writ of sale. You may, however, claim available exemptions for property levied
upon to satisfy damages or costs awarded in such a judgment.
5. You may obtain the release of your property by paying the amount of a money judgment with interest and costs remaining
unpaid.
6. If your property is levied upon under a writ of execution or to satisfy damages and costs under a writ of possession or sale,
the property may be sold at an execution sale, perhaps at a price substantially below its value. Notice of sale will be given to
you. Notice of sale of real property (other than a leasehold estate with an unexpired term of less than two years) may not be
given until at least 120 days after this notice is served on you. This grace period is intended to give you an opportunity to
settle with the judgment creditor, to obtain a satisfactory buyer for the property, or to encourage other potential buyers to
attend the execution sale.
7. All sales at an execution sale are final; there is no right of redemption.
– INFORMATION FOR PERSON OTHER THAN JUDGMENT DEBTOR –
1. If the property levied upon is in your possession or under your control and you do not claim the right to possession or a
security interest, you must deliver the property to
the levying officer. If you do not deny an obligation levied upon or do not
claim a
priority over the judgment creditor's lien, you must pay to the levying officer the amount that is due and payable and
that becomes due and payable during the period of the execution lien, which lasts two years from the date of issuance of the
writ of execution. You must execute and deliver any documents needed to transfer the
property.
2. If you are a financial institution, you are required to apply applicable exemptions to deposit accounts. See below.
3. You must complete the accompanying Memorandum of Garnishee within 10 days.
4. If you claim ownership or the right to possession of real or personal property levied upon or if you claim a security interest in
or lien on personal property levied upon, you
may make a third-party claim and obtain the release of the property under
sections 720.010–720.800 of the Code of Civil Procedure.
5. Make checks payable to the levying officer shown on page 1.
NOTICE OF LEVY
(Enforcement of Judgment)
EJ-150 [Rev. September 1, 2020]
Page 2 of 2
SHORT TITLE:
– INFORMATION ABOUT DEPOSIT ACCOUNTS –
1. If the levy is not to satisfy a judgment for wages owed, child or spousal support, or liability to the state government, financial
institutions must automatically exempt money in a deposit account up to a certain dollar amount, under section 704.220 of
the Code of Civil Procedure, with no claim of exemption required. See form EJ-156 for the exemption amount.
2. Other automatic exemptions may apply to deposit accounts, such as exemptions for directly deposited social security or
public benefits under section 704.080. (See form EJ-156 for the exemption amounts.) Generally, the financial institution
should apply the larger set of exemptions that apply to an account. See section 704.220(b).
3. If a judgment debtor has multiple accounts in one or more financial institutions, either the judgment creditor or judgment
debtor may file an application in the superior court identified on the front of this form for an order as to which account the
exemption should apply. (See section 704.220(e).) To get such an order, file an Ex Parte Application for Order on Deposit
Account Exemption (form EJ-157) as soon as possible. (See EJ-157-INFO for instructions.) If the judgment debtor has more
than one account in a financial institution, that institution may decide how and to which account to apply the exemption,
unless it is served with a court order directing how to apply the exemption.
LEVYING OFFICER FILE NO.:
COURT CASE NO.:
EJ-150
Form Adopted for Mandatory Use
Judicial Council of California
EJ-155 [Rev. September 1, 2020]
EXEMPTIONS FROM THE ENFORCEMENT OF JUDGMENTS
Code of Civil Procedure,
§§ 681.030(c), 700.010
www.courts.ca.gov
Page 1 of 2
EXEMPTIONS FROM THE ENFORCEMENT OF JUDGMENTS
The following is a list of assets that may be exempt from levy in enforcing a judgment.
Exemptions are found in the United States Code (USC) and in the California codes, primarily the Code of Civil Procedure (CCP).
Because of periodic changes in the law, the list may not include all exemptions that apply in your case. The exemptions may not apply
in full or under all circumstances. Some are not available after a certain period of time. You or your attorney should read the statutes.
If you believe the assets that are being levied on are exempt, file the claim of exemption form that you received with the Notice of Levy
packet.
EJ-155
AMOUNT OF EXEMPTIONS: For the exemption amount, please refer to the code section listed below for each type of property. The
current amounts of certain exemptions are listed in Current Dollar Amounts of Exemptions From Enforcement of Judgments (form
EJ-156). The amounts of some of the exemptions are amended every three years and become effective immediately on April 1 under
the provisions of Code of Civil Procedure section 703.150.
Accounts (See Deposit Accounts)
Benefit Payments (cont.)
Appliances . . . . . . . . . . . . . . . . . . . . . CCP § 704.020
CCP § 704.180Relocation Benefits . . . . . . . . . . . .
Art and Heirlooms . . . . . . . . . . . . . . . . CCP § 704.040
Retirement Benefits
and Contributions:
Automobiles . . . . . . . . . . . . . . . . . . . . CCP § 704.010
CCP § 704.115Private . . . . . . . . . . . . . . . . . .
BART District Benefits . . . . . . . . . . . .
Public . . . . . . . . . . . . . . . . . . . CCP § 704.110
Pub Util C § 28896
Segregated Benefit Funds . . . Ins C § 10498.5
Benefit Payments:
Social Security Benefits . . . . . . . . . 42 USC § 407
BART District Benefits . . . . . . . . . CCP § 704.110
Strike Benefits . . . . . . . . . . . . . . . . CCP § 704.120
Pub Util C § 28896
Charity . . . . . . . . . . . . . . . . . . . . . CCP § 704.170
Transit District Retirement
Benefits (Alameda and
Civil Service Retirement
5 USC § 8346
Benefits (Federal) . . . . . . . . . .
CCP § 704.110Contra Costa Counties) . . . . . .
County Employees
Pub Util C § 25337
Unemployment Benefits
Retirement Benefits . . . . . . . .
CCP § 704.110
and Contributions . . . . . . . . . . CCP § 704.120
Govt C § 31452
Veterans Benefits . . . . . . . . . . . . . 38 USC § 5301
CCP § 704.130
Disability Insurance Benefits . . . .
Fire Service Retirement
Veterans Medal of Honor
Benefits. . . . . . . . . . . . . . . . . . 38 USC § 1562
Benefits . . . . . . . . . . . . . . . . . . CCP § 704.110
CCP § 704.170
Govt C § 32210
Welfare Payments . . . . . . . . . . . .
Welf & I C § 17409
Fraternal Organization
Workers Compensation . . . . . . . .
CCP § 704.130
CCP § 704.160
Funds Benefits . . . . . . . . . . . .
Boats . . . . . . . . . . . . . . . . . . . . . . . . .
CCP § 704.060
CCP § 704.170
CCP § 704.710
CCP § 704.130
Health Insurance Benefits . . . . . . .
CCP § 704.060
Books . . . . . . . . . . . . . . . . . . . . . . . . .
Irrigation System
CCP § 704.110
Building Materials (Residential) . . . . .
CCP § 704.030
Retirement Benefits . . . . . . . . .
Business:
Judges Survivors Benefits
Licenses . . . . . . . . . . . . . . . . . . . .
28 USC § 376(n)
CCP § 695.060
(Federal) . . . . . . . . . . . . . . . . .
Legislators Retirement
CCP § 699.720(a)(1)
Tools of Trade. . . . . . . . . . . . . . . .
CCP § 704.110
Benefits . . . . . . . . . . . . . . . . . .
CCP § 704.060
Cars and Trucks (including
Govt C § 9359.3
Life Insurance Benefits:
CCP § 704.010
proceeds) . . . . . . . . . . . . . . . . . . .
Cash . . . . . . . . . . . . . . . . . . . . . . . . .
CCP § 704. 100
CCP § 704.070
Group . . . . . . . . . . . . . . . . . . . .
Individual . . . . . . . . . . . . . . . . .
Cemeteries:
CCP § 704. 100
Land Proceeds . . . . . . . . . . . . . . .
Health & SC § 7925
Lighthouse Keepers
Plots . . . . . . . . . . . . . . . . . . . . . . . CCP § 704.200
Surviving Spouses Benefits . . . .
33 USC § 775
CCP § 704.170Charity . . . . . . . . . . . . . . . . . . . . . . . .
Longshore & Harbor Workers
Claims, Actions and Awards:
33 USC § 916
Compensation or Benefits . . . .
Military Benefits:
Personal Injury . . . . . . . . . . . . . . . . CCP § 704.140
Worker’s Compensation . . . . . . . . CCP § 704.160
Retirement . . . . . . . . . . . . . . . .
10 USC § 1440
Wrongful Death . . . . . . . . . . . . . . . CCP § 704.150
Survivors . . . . . . . . . . . . . . . . .
10 USC § 1450
Municipal Utility District
Clothing . . . . . . . . . . . . . . . . . . . . . . . . CCP § 704.020
CCP § 704.110
Retirement Benefits . . . . . . . . .
Condemnation Proceeds . . . . . . . . . . . CCP § 704.720(b)
Pub Util C § 12337
County Employees Retirement
Benefits . . . . . . . . . . . . . . . . . . . . .
CCP § 704.110
Peace Officers Retirement
CCP § 704.110
Govt C § 31452
Benefits . . . . . . . . . . . . . . . . . .
Govt C § 31913
Damages (See Personal Injury
Pension Plans
(and Death Benefits):
and Wrongful Death)
CCP § 704.115
Deposit Accounts:
Private . . . . . . . . . . . . . . . . . . .
CCP § 704.110
Public . . . . . . . . . . . . . . . . . . . .
CCP § 704.170
Public Assistance . . . . . . . . . . . . . .
CCP § 704.110
Welf & I C § 17409
Welf & I C § 4880(c)ABLE Accounts . . . . . . . . . . . . . . . . . .
Deposit Accounts (generally) . . . . . CCP § 704.220
Supplemental Security Income . . . .
42 USC § 1383
42 USC § 407(d)
Type of Property
Code and Section
Type of Property
Code and Section
EXEMPTIONS FROM THE ENFORCEMENT OF JUDGMENTS
EJ-155 [Rev. September 1, 2020] Page 2 of 2
EJ-155
EXEMPTIONS FROM THE ENFORCEMENT OF JUDGMENTS
(Continued)
Type of Property
Code and Section
Type of Property
Code and Section
Peace Officers Retirement
Employment Bonds . . . . . . . . . . . . . .
Lab C § 404
Financial Assistance:
Benefits . . . . . . . . . . . . . . . . . . . . . .
CCP § 704.110
Charity . . . . . . . . . . . . . . . . . . . . . CCP § 704.170
Govt C § 31913
Public Assistance . . . . . . . . . . . . .
Personal Effects . . . . . . . . . . . . . . . . .
CCP § 704.170
CCP § 704.020
Welf & I C § 17409
Personal Injury Actions
CCP § 704.190
or Damages . . . . . . . . . . . . . . . . . . .
CCP § 704.140
Student Aid . . . . . . . . . . . . . . . . .
Welfare (See Public Assistance)
CCP § 704.110Fire Service Retirement . . . . . . . . . . .
Prisoner’s Funds . . . . . . . . . . . . . . . . .
CCP § 704.090
Govt C § 32210
Property Not Subject to
Fraternal Organizations
CCP § 704.130
Enforcement of Money
Funds and Benefits . . . . . . . . . . . .
CCP § 704.170
Judgments . . . . . . . . . . . . . . . . . . . .
CCP § 704.210
Fuel for Residence . . . . . . . . . . . . . . .
Prosthetic and Orthopedic
CCP § 704.020
Devices . . . . . . . . . . . . . . . . . . . . . . CCP § 704.050
Furniture . . . . . . . . . . . . . . . . . . . . . . . CCP § 704.020
Provisions (for Residence) . . . . . . . . .
CCP § 704.020
General Assignment for
Public Assistance . . . . . . . . . . . . . . . .
CCP § 704.170
Benefit of Creditors . . . . . . . . . . . . . CCP § 1801
CCP § 704.050
Welf & I C § 17409
Health Aids . . . . . . . . . . . . . . . . . . . . .
Health Insurance Benefits . . . . . . . . . . CCP § 704.130
Public Employees:
Death Benefits . . . . . . . . . . . . . . .
CCP § 704.110
Home:
Pension . . . . . . . . . . . . . . . . . . . . .
Building Materials . . . . . . . . . . . . . CCP § 704.030
CCP § 704.110
Retirement Benefits . . . . . . . . . . .
Dwelling House . . . . . . . . . . . . . . CCP § 704.740
CCP § 704.110
Vacation Credits . . . . . . . . . . . . . .
Homestead . . . . . . . . . . . . . . . . . . CCP § 704.720
CCP § 704.113
CCP § 704.730
45 USC § 231m
Railroad Retirement Benefits . . . . . . . .
Housetrailer . . . . . . . . . . . . . . . . . CCP § 704.710
Railroad Unemployment
45 USC § 352(e)
Insurance . . . . . . . . . . . . . . . . . . . .
Mobilehome . . . . . . . . . . . . . . . . . CCP § 704.710
Relocation Benefits . . . . . . . . . . . . . . .
CCP § 704.720
CCP § 704.180
Homestead . . . . . . . . . . . . . . . . . . . .
Retirement Benefits and
CCP § 704.730
Contributions:
Household Furnishings . . . . . . . . . . . . CCP § 704.020
Private . . . . . . . . . . . . . . . . . . . . .
CCP § 704.115
CCP § 704.110
Public . . . . . . . . . . . . . . . . . . . . . .
Ins C § 10498.5
Insurance:
Disability Insurance . . . . . . . . . . .
CCP § 704.130
Segregated Benefit Funds . . . . . . . . . .
Ins C § 10498.6
Fraternal Benefit Society . . . . . . .
CCP § 704.110
42 USC § 407
Social Security . . . . . . . . . . . . . . . . . . .
Group Life . . . . . . . . . . . . . . . . . . .
CCP § 704.100
Social Security Direct Deposit
Health Insurance Benefits . . . . . .
CCP § 704.130
Account . . . . . . . . . . . . . . . . . . . . .
CCP § 704.080
CCP § 704.100
Individual . . . . . . . . . . . . . . . . . . . .
Insurance Proceeds—
Strike Benefits . . . . . . . . . . . . . . . . . . .
CCP § 704.120
CCP § 704.010
CCP § 704.190
Motor Vehicle . . . . . . . . . . . . . .
Student Aid . . . . . . . . . . . . . . . . . . . . .
Jewelry . . . . . . . . . . . . . . . . . . . . . . . . .
CCP § 704.040
Tools of Trade . . . . . . . . . . . . . . . . . . .
CCP § 704.060
Judges Survivors Benefits
Transit District Retirement
28 USC § 376(n)
(Federal) . . . . . . . . . . . . . . . . . . . . .
Benefits (Alameda and Contra
Costa Counties) . . . . . . . . . . . . . . . .
Legislators Retirement
CCP § 704.110
CCP § 704.110Benefits . . . . . . . . . . . . . . . . . . . . .
Pub Util C § 25337
Govt C § 9359.3
Travelers Check Sales Proceeds . . . . .
Fin C § 1875
Unemployment Benefits and
CCP § 695.060Licenses . . . . . . . . . . . . . . . . . . . . . .
Contributions . . . . . . . . . . . . . . . . . .
CCP § 704.120
CCP § 720(a)(1)
CCP § 704.060
Lighthouse Keepers Surviving
Uniforms . . . . . . . . . . . . . . . . . . . . . . .
Spouses Benefit. . . . . . . . . . . . . . . 33 USC § 775
Vacation Credits (Public
Employees) . . . . . . . . . . . . . . . . . . .
Longshore and Harbor Workers
CCP § 704.113
Veterans Benefits . . . . . . . . . . . . . . . .
Compensation or Benefits . . . . . . . . 33 USC § 916
38 USC § 5301
Veterans Medal of Honor
Benefits . . . . . . . . . . . . . . . . . . . . . .
38 USC § 1562
Wages . . . . . . . . . . . . . . . . . . . . . . . . .
CCP § 704.070
CCP § 706.050
CCP § 706.051
Welfare Payments . . . . . . . . . . . . . . . .
CCP § 704.170
Welf & I C § 17409
Municipal Utility District
Workers Compensation
Retirement Benefits . . . . . . . . . . . . .
Claims or Awards . . . . . . . . . . . . . .
CCP § 704.110
CCP § 704.160
Pub Util C § 12337
Wrongful Death Actions or
Damages . . . . . . . . . . . . . . . . . . . . .
CCP § 704.150
Direct Deposit Account:
CCP § 704.080
Social Security . . . . . . . . . . . . . . .
CCP § 704.130
Disability Insurance Benefits . . . . . . .
CCP § 704.740
Dwelling House . . . . . . . . . . . . . . . . .
Earnings . . . . . . . . . . . . . . . . . . . . . . .
CCP § 704.070
CCP § 706.050
15 USC § 1673(a)
Educational Grant . . . . . . . . . . . . . . . .
Ed C § 21116
Irrigation System
CCP § 704.110
Retirement Benefits . . . . . . . . . . . .
Pension Plans:
Private . . . . . . . . . . . . . . . . . . . . . .
CCP § 704.115
Public . . . . . . . . . . . . . . . . . . . . . . .
CCP § 704.110
Servicemembers Property . . . . . . . . . . .
50 USC § 523(b)
Federal Emergency Management
Motor Vehicle (Including
CCP § 704.010Proceeds) . . . . . . . . . . . . . . . . . . . .
CCP § 704.060
Agency (FEMA) funds . . . . . . . . . . . .
CCP § 704.230
Social Security Direct
Deposits . . . . . . . . . . . . . . . . .
CCP § 704.080
Deposit Accounts (cont.)
50 USC § 3934
Military Personnel—Property . . . . . . .
Deposit Accounts (hardship). . . . . . .
Escrow or Trust Funds . . . . . . . . . .
CCP § 704.225
Fin C § 17410
CCP § 704.080
CCP § 704.080
Supplemental Security Income . . .
Public Benefits . . . . . . . . . . . . . . .
Military Benefits:
Retirement . . . . . . . . . . . . . . . . . . 10 USC § 1440
Survivors . . . . . . . . . . . . . . . . . . . . 10 USC § 1450
42 USC § 407
42 USC § 1383(d)
Supplemental Security Income . . . .
Form Approved for Optional Use
Judicial Council of California
EJ-157 [Rev. January 1, 2021]
EX PARTE APPLICATION FOR ORDER ON DEPOSIT ACCOUNT
EXEMPTION
(Enforcement of Judgment)
Code of Civil Procedure, § 704.220
www.courts.ca.gov
EJ-157
FOR COURT USE ONLY
LEVYING OFFICER (name and address):
LEVYING OFFICER FILE NO.:
COURT CASE NO.:
ATTORNEY OR PARTY WITHOUT ATTORNEY (name and address):
After recording, return to:
TEL NO.: FAX NO.:
EMAIL ADDRESS:
ATTORNEY
FOR
ORIGINAL JUDGMENT
CREDITOR
ASSIGNEE
OF RECORD
JUDGMENT
DEBTOR
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
EX PARTE APPLICATION FOR ORDER ON DEPOSIT
ACCOUNT EXEMPTION
Without hearing
Hearing on shortened time
Read Instructions for Ex Parte Application for Order on Deposit Account Exemption
before filing this
application. That form describes the requirements for giving notice of this application.
1.
Applicant (check one):
Judgment Debtor
(name):
Judgment Creditor (original or assignee of record)
(name):
applies for a court order as to how and to which of the judgment debtor's multiple deposit accounts the exemption from
enforcement of a civil money judgment under Code of Civil Procedure section 704.220 should be applied.
2. This application is being made because:
a.
judgment debtor has multiple deposit accounts in one financial institution.
b.
judgment debtor has deposit accounts in multiple financial institutions.
3.
A Writ of Execution (Money Judgment) was issued in this case on (date issued) and states that the underlying judgment is not for
unpaid wages, child support, or spousal support.
Date writ issued:
.
(Attach a copy or provide an explanation why
not attached.)
4.
A Notice of Levy (form EJ-150) has been issued based on the writ in item 3 to the following financial institutions (identify and attach
copy of each notice or provide an explanation why not attached):
Financial Institution
Date of Issuance
Check here if there is not enough space to list all current notices of levy, and continue the list on an attached sheet
titled Attachment 4.
Page 1 of 2
(form EJ-157-INFO)
EJ-157 [Rev. January 1, 2021]
EX PARTE APPLICATION FOR ORDER ON DEPOSIT ACCOUNT
EXEMPTION
(Enforcement of Judgment)
Page 2 of 2
SHORT TITLE:
LEVYING OFFICER FILE NO.:
COURT CASE NO.:
5. Applicant requests that the judgment debtor's deposit account exemption under Code of Civil Procedure section 704.220(a) be
applied (check one):
a.
to deposit account number
(last four digits only):
at (financial institution):
.
b.
spread across multiple deposit accounts as follows:
Name of financial institution Deposit account number
(last four digits only)
Amount of exemption to be applied to account
(Total cannot exceed total amount of exemption (See
form EJ-156).)
6. a.
This matter may be set for hearing.
b.
Applicant is seeking this order without further hearing to help prevent immediate loss to a deposit account subject to
exemption or enforcement. The facts supporting this need for immediate issuance of an order are
(explain circumstances):
Check here if there is not enough space, and continue the item on an attached sheet titled Attachment 6.
Date:
(TYPE OR PRINT NAME)
(SIGNATURE)
Declaration by Applicant
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME)
(SIGNATURE)
Original judgment creditor Judgment debtor
Assignee of record
Print this form
Save this form
Clear this form
For your protection and privacy, please press the Clear
This Form button after you have printed the form.
Form Approved for Optional Use
Judicial Council of California
EJ-158 [Rev. January 1, 2021]
DECLARATION REGARDING NOTICE AND SERVICE
FOR EX PARTE APPLICATION FOR ORDER
ON DEPOSIT ACCOUNT EXEMPTION
Code of Civil Procedure, § 704.220,
Cal. Rules of Court, rules 3.1203-12075
www.courts.ca.gov
EJ-158
FOR COURT USE ONLY
CASE NUMBER:
PARTY WITHOUT ATTORNEY OR ATTORNEY:
STATE BAR NUMBER:
NAME:
FIRM NAME:
STREET ADDRESS:
CITY: STATE: ZIP CODE:
TELEPHONE NO.: FAX NO.:
EMAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
DECLARATION REGARDING NOTICE AND SERVICE FOR EX PARTE
APPLICATION FOR ORDER ON DEPOSIT ACCOUNT EXEMPTION
This form may be filed any time an Ex Parte Application for Order on Deposit Account Exemption Application (form EJ-157) is filed.
1.
I am (specify):
attorney for original judgment creditor assignee of record judgment debtor
2.
I
did did not
give notice that papers will be submitted to the court asking a judicial officer
how and to which of judgment debtor's deposit accounts the exemption under Code of Civil Procedure section 704.220
should apply, and that the court will consider the request on the date, time, and location indicated below:
a.
Date: Time: Dept.:
b.
Address of court:
same as noted above other
(specify):
3.
NOTICE (If you gave notice, complete item 3a. If you did not give notice, complete item 3b or 3c.)
a.
I gave notice as described in items (1) through (5):
(1)
I gave notice to (select all that apply):
judgment debtor.
judgment debtor's attorney.
judgment creditor (or assignee of record).
judgment creditor's attorney (or assignee of record's attorney).
Other
(specify):
(2) I gave notice on
(date):
at:
a.m.
p.m.
personally
at (location):
, California.
by telephone
using telephone no.:
by fax using fax no.:
by voicemail
using voicemail no.:
by electronic means (if permitted)
(specify electronic service address of person):
by overnight mail or other overnight carrier
(specify address of delivery):
(3)
I gave notice (select one):
by 10 a.m. the court day before this ex parte appearance.
after 10 a.m. the court day before this ex parte appearance because of the following exceptional circumstances
(specify):
Page 1 of 2
EJ-158 [Rev. January 1, 2021]
DECLARATION REGARDING NOTICE AND SERVICE
FOR EX PARTE APPLICATION FOR ORDER
ON DEPOSIT ACCOUNT EXEMPTION
Page 2 of 2
EJ-158
CASE NUMBER:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
3. a.
(4)
I notified the person in 3a(1) that an order is being requested designating that the exemption under section 704.220 should
be applied to the following accounts (specify):
(5)
The person in 3a(1) responded as follows:
(6)
I believe that the person in 3a(1) will oppose the ex parte application.
do do not
b.
Request for waiver of notice. I did not give notice about the ex parte application. I ask that the court waive notice to the
other party for the following reasons
(identify the exceptional circumstances):
Attachment 3b.
c.
Unable to provide notice. I did not give notice about the ex parte application. I used my best efforts to tell the opposing
party when and where this hearing would take place but was unable to do so. The efforts I made to inform the other
person were
(specify below):
Attachment 3c.
4.
SERVICE OF FORMS
a.
An unfiled copy of Ex Parte Application for Order on Deposit Account Exemption (form EJ-157) and related documents
were served on:
judgment debtor.
judgment debtor's attorney.
judgment creditor (or assignee of record).
judgment creditor's attorney (or assignee of record's attorney).
Other
(specify):
b. Documents were served on
(date):
at:
a.m. p.m.
personally
at (location):
, California.
by fax using fax no.:
by electronic means (if permitted)
(specify electronic service address of person):
by overnight mail or other overnight carrier
(specify address of delivery):
c.
Documents were not served on the opposing party because of the exceptional circumstances specified in:
3b, above
3c, above
Attachment 4c.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME)
(SIGNATURE)
Print this form
Save this form
Clear this form
For your protection and privacy, please press the Clear
This Form button after you have printed the form.
Form Approved for Optional Use
Judicial Council of California
EJ-159 [Rev. January 1, 2021]
ORDER ON APPLICATION FOR DESIGNATION OF
DEPOSIT ACCOUNT EXEMPTION
(Enforcement of Judgment)
Code of Civil Procedure, § 704.220
www.courts.ca.gov
EJ-159
ATTORNEY OR PARTY WITHOUT ATTORNEY (name and address):
After recording, return to:
TEL NO.: FAX NO.:
EMAIL ADDRESS:
ATTORNEY
FOR
ORIGINAL JUDGMENT
CREDITOR
JUDGMENT
DEBTOR
ASSIGNEE
OF RECORD
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
FOR COURT USE ONLY
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
LEVYING OFFICER (name and address):
LEVYING OFFICER FILE NO.:
ORDER ON APPLICATION FOR DESIGNATION OF
DEPOSIT ACCOUNT EXEMPTION
COURT CASE NO.:
1.
Applicant (check one):
Judgment Debtor
(name):
Judgment Creditor (original or assignee of record)
(name):
applied ex parte for an order as to how and to which of the judgment debtor's multiple deposit accounts the exemption from
enforcement of a civil money judgment under Code of Civil Procedure section 704.220 should be applied.
2. The court, having reviewed the application, makes the following ruling.
3.
Application Denied. The court denies the application.
a.
The application is incomplete.
b.
The application did not meet the requirements for providing notice or service of the application.
c.
There is no showing that judgment debtor has multiple deposit accounts subject to the deposit account
exemption in section 704.220.
d.
Other (specify):
4.
Order Shortening Time. A hearing will be held on the application, as follows.
a.
The hearing will be on the date, time, and location indicated below:
Date: Time:
Dept.: Room:
Address of court:
same as noted above other
(specify):
b.
Applicant must serve this order and the Ex Parte Application (form EJ-157) on all other parties by
(date):
.
c.
Any papers in opposition must be served on all other parties and filed by
(date):
.
5.
Ex Parte Order. The court finds that delay in ruling would result in loss or damage to deposit accounts subject to enforcement
of judgment in this matter, and therefore rules ex parte to designate the account subject to exemption, as stated below.
6.
Order After Hearing. This ruling is made after the application was heard on shortened time at
a.
Date: Time:
Dept.: Room:
b.
The following were present at the hearing:
Judgment debtor
Judgment debtor's attorney
Judgment creditor (or assignee of record)
Judgment creditor's attorney (or assignee of record's attorney)
Other (specify):
Page 1 of 2
EJ-159 [Rev. January 1, 2021]
ORDER ON APPLICATION FOR DESIGNATION OF
DEPOSIT ACCOUNT EXEMPTION
(Enforcement of Judgment)
Page 2 of 2
SHORT TITLE:
LEVYING OFFICER FILE NO.:
COURT CASE NO.:
7.
Findings. The court makes the following findings:
a.
The underlying judgment in this case is not based on unpaid wages or child or spousal support.
b.
A Notice of Levy has been issued in this case to the following financial institutions (identify):
Financial Institution Date of Issuance
c. Applicant has requested that the court designate to which among multiple deposit accounts the exemption under Code of
Civil Procedure section 704.220(a) be applied, and has specified that account or accounts in the application.
d.
An alternative designation was requested by
judgment debtor judgment creditor (or assignee of record)
e.
Other findings:
8. Designation of Deposit Account. The exemption under Code of Civil Procedure section 704.220(a) from enforcement of civil
money judgment is to be applied (check one):
a.
to deposit account number
(last four digits only):
at
(financial institution):
.
b.
spread across multiple deposit accounts, because the exemption amount is greater than the amount in a single
deposit account, as follows:
Name of financial institution Deposit accounts
(last four digits only)
Amount of exemption to be applied
9.
Other Rulings.
Date:
Judicial Officer
Print this form
Clear this form
For your protection and privacy, please press the Clear
This Form button after you have printed the form.
OCSD (Rev. 6/2019) Page 1 of 2
LEVY/GARNISHMENT INSTRUCTIONS
DO NOT USE FOR EVICTIONS
Sheriff File Number:
Court Case Number:
Issue Date of Writ:
Total Amount of Judgment: $
List ALL named parties on the Writ.
Judgment Creditor(s):
Judgment Debtor(s):
Who will perform the service?
 Sheriff to serve
 Registered Process Server to serve
The Writ accompanying the instructions is:
 An Original Writ, or a Copy of the Original Writ
issued by the court as an Electronic Writ, NOT
already in possession of the levying officer
 A Copy of the Original Writ already in possession
of the levying officer
 An Original Writ (Non Electronic)
Must be marked for Registered Process Servers only.
 A copy of the Original Writ for sole purpose of
opening a Sheriff file prior to the levy
Property is a dwelling.  Yes  No
 Property is Real Property (ex. House or Apartment)
 Property is Personal Property (ex. Mobile Home or Boat)
YOU ARE HEREBY INSTRUCTED TO: (Check Appropriate Box)
 Levy on bank account of Judgment Debtor(s)
 Place Keeper in Judgment Debtor’s business  8 Hours  Open End
 Till Tap
 Vehicle Levy
 Personal Property Levy
 Garnishment
 Earnings (Wage) Levy – Application for Earnings Withholding Order must be included.
Other Levy:
ENTER COMPLETE INSTRUCTIONS BELOW: (name and address of bank; Judgment Debtor’s place of business; license
number of vehicle and address where vehicle is located, description of property to be levied, if applicable)
Debtor(s) Name
Garnishee Name
Garnishee Address
BANK LEVIES ONLY – Account Number (if known):
LEVY AMOUNT – To instruct the Sheriff to levy on LESS THAN the amount shown on the Writ, plus interest and costs,
indicate ONLY the amount to reduce the levy by: $
SEE PAGE 2 OF THIS FORM FOR ADDITIONAL REQUIRED INFORMATION.
OCSD (Rev. 6/2019) Page 2 of 2
LEVY/GARNISHMENT INSTRUCTIONS
DO NOT USE FOR EVICTIONS
DISBURSEMENT INFORMATION
ALL COLLECTIONS WILL BE DIRECTED TO THE NAME AND ADDRESS LISTED BELOW: (Print Clearly)
Name:
Address
City State Zip Code
SPECIAL INSTRUCTIONS:
The Sheriff’s Department DOES NOT guarantee service.
The Sheriff’s Department is entitled to its fees whether the service is completed or not. (California Government Code 26738)
X Signature Date
Name of Attorney (Or Party Without Attorney) Requesting Service
Address Email Address
City State Zip Code Phone Number
Download
Save PDF to desktop
Email
Email completed PDF
Send for Signing
Email for others to sign
Print
Print document
Choose a Field
Click on a field and
select the person that should complete it
Want to add a signature?
You can add a signature field
and assign it to someone else
to sign
Choose a Field
Click on a field and
select the person that should complete it

Self-Help Services SUPERIOR COURT OF CALIFORNIA www.occourts.orgself-help COUNTY (The Superior Court of California - County of Orange)

This document is locked as it has been sent for signing.

You have successfully completed this document.

Other parties need to complete fields in the document. You will recieve an email notification when the document has been completed by all parties.

This document has been signed by all parties.

Completed 4 January 2021

Message

View Audit Log
Print With Audit Log
Duplicate Document