Claims of Exemption

Person signing legal documents related to claims of exemption.

Claims of Exemption

by Antonia Gordon and Bryan Grundon

There are many ways to collect on a judgment. Wage garnishments and bank levies happen to be two of the most common and reliable methods. With the first, we can garnish a debtor’s wages and thus ensure consistent payments on a judgment. With the second, we gain access to whatever funds a debtor has in their account at the time of the levy.

Unfortunately, garnishments and levies may not always be completely successful. After the Sheriff serves one of these on a bank or employer, the debtor receives notice and has a chance to respond to it. They can complete a form called a claim of exemption, which allows them to claim part (or all) of their wages or the funds in their bank account as exempt. If the claimed wages or funds are necessary to support the debtor or their family, the court may grant their claim (in full or in part), and we will not be able to collect the full amount from the garnishment or levy. The debtor, however, must provide proof that their earnings or funds are exempt. The first step to this is filling out a financial statement in which they list their monthly earnings and expenses, including those of their spouse.

Once a debtor files a claim of exemption, you have the opportunity to oppose it. If you do not oppose it by following a very specific procedure, the exemption is granted by operation of law. Opposing a claim of exemption involves reviewing the debtor’s financial statement to look for any inconsistencies or excessive spending. If we believe that the debtor can afford to pay more than they claim, we will set a hearing with the court and file paperwork to oppose the claim. At the hearing, both parties will get the chance to argue their side. In most cases, the debtor can afford to pay at least a small amount, even when they claim they cannot afford to pay anything at all. In their financial statements, debtors may overestimate how much they spend on certain things, such as food and gas. We have even had debtors claim they make a certain amount per month only to have their employer reveal that they actually make significantly more. Judges are never happy to see this kind of deception! We make sure we have the full story before going to court, so the debtor ends up paying what they can actually afford, and you are able to collect on your judgment.

THE NUTS AND BOLTS OF WAGE GARNISHMENT

Young professional working at a desk with computer, discussing wage garnishment.

 You’ve gone through the trouble of obtaining a judgment and now you want to collect on it.    One of the best ways to do that is to garnish your debtor’s wages.    How exactly does that work?   First thing you need to do is figure out who their employer is or if the debtor is a W-2 employee.  If the person is a 1099 independent contractor wage garnishment will not be effective you will need an assignment order which requires a completely separate procedure. If you know that already then find where that company’s agent for service of process in California is located.   When you’ve figured out what county that person is located in you need to obtain a writ of execution from the court for that county. 

 Once a writ of execution is issued it is valid for 6 months.   You take the writ of execution and you submit an application for earning withholding order.  Each county is different as to exactly what you have to prepare and submit with the package.     You send the completed package with the writ of execution to the sheriff’s department.   Some counties in California (notably most Bay Area counties) will not directly serve the earnings withholding order.  You have to basically open the wage garnishment by paying the Sheriff to open the file then hire a private process server to actually serve the whole earnings withholding on the debtors employer.   

A similar process can be used to serve garnishments in counties that are extremely backed up with serving process particularly Sacramento and Los Angeles county which seem to house the most. The employer has an obligation to return their response called the employers return.    The employer has to state whether the person is employed there or not, how frequently they are paid, and the amount of pay there last pay period.  Finally, The employer has to state whether any other orders affecting the employee’s wages are present and, if so, whether they have higher priority (family support order notably jump ahead of civil orders).   There is a threshold for garnishing wages.  Employees have to make a minimum to have the wages garnished.  There is also a maximum percentage of wages that can be garnished 25% of disposable income.   If there are multiple orders the first in time is paid in full first before others are paid (similar to first in time for a lien on a piece of real property).  

 Assuming, you have the highest priority and the debtors doesn’t claim the funds exempt (see our blog post on Claims of Exemption) then the employer will send the funds the sheriff.  The sheriff will then hold the funds for some period of time, usually several weeks then cut you a check for the amount garnish less their fees ($12.00 per check-  this amount is charged to the debtor).

Contact us HERE for help collecting your California judgment using wage garnishment.

Levying a Safe Deposit Box

Secure safe deposit boxes in a bank vault with numbered lockers.

Safe Deposit Box Levy in California: What I Found When We Opened One

Judgment enforcement rarely feels like an adventure. Most of it is procedural — writs, levies, paperwork, waiting. But every so often, you get a moment that actually surprises you.

I’m a child of the ’80s and a lifelong movie fan. The Goonies is still a perfect film — kids hunting buried treasure to save their neighborhood, following a treasure map through booby-trapped tunnels. Our post-judgment enforcement work is almost never that cinematic.

Almost.

Levying a safe deposit box is about as close as it gets.

How a Safe Deposit Box Levy Works

A safe deposit box levy is an application of the standard bank levy. When you serve a levy on a financial institution, you’re directing the bank to turn over the debtor’s assets — up to the amount needed to satisfy the judgment. Most of the time, that hits a checking or savings account.

But when your debtor holds a safe deposit box at the same institution, the levy captures that too.

Once the levy hits, the debtor is locked out immediately — they cannot access the box or remove its contents. The Sheriff sets a date and time for a supervised opening. The judgment creditor pays an additional fee that covers a licensed locksmith and the sheriff’s presence at the bank.

Procedurally, that’s it. The drama comes when they open the lid.

For a full walkthrough of the levy process, see the step-by-step bank levy guide for California creditors and the companion post on enforcing a judgment through a bank levy.

The Opening

The first time I attended a safe deposit box opening in person, I went in without any particular expectation. Our office had only done this a handful of times, and I wanted to see the process firsthand.

At the bank, I introduced myself to the Sheriff’s Deputy overseeing the opening. He had nearly 20 years of experience doing this kind of enforcement work. I asked him what we were typically looking at finding.

He said his hit rate — actual recoverable assets of any value — ran around 20%. Four out of five safe deposit box levies come up empty or close to it. Old documents. Sentimental items with no market value. Sometimes nothing at all.

Then he opened the box.

Inside were two items: a thick, worn envelope and a small jewelry box.

The deputies opened the jewelry box first. Inside were several rings, gold chains, and a pair of cufflinks.

Then they turned to the envelope — old paper, soft from being handled many times. Nobody was expecting much.

It held cash. A stack of bills about an inch thick.

We ran it through the counterfeit detection and bill-counting machine on site. The total came to five figures. The deputy told me it was the largest cash recovery he’d seen from a safe deposit box levy in his career.

Not quite One-Eyed Willie’s rich stuff. But it moved us a significant step closer to satisfying that judgment.

What This Tells You About the Debtor

Debtors who maintain safe deposit boxes often do so because they don’t trust the financial system to hold their real assets. Cash, jewelry, collectibles, documents that don’t show up on a credit report or tax return — things kept deliberately off the books.

That’s exactly why a safe deposit box levy is worth considering when the right facts are present.

This is also where the investigative side of enforcement matters enormously. A Judgment Debtor’s Examination compels the debtor to disclose financial accounts, banking relationships, and assets under oath. Debtors occasionally disclose the existence of a safe deposit box directly. More often, the examination reveals a specific bank relationship that points you in the right direction.

For a deeper look at how good intelligence drives better levy results, see The Detective Aspect of Collecting.

The 20% hit rate the deputy cited is a baseline for blind levies. When there’s actual intelligence pointing toward a specific institution — a Debtor’s Exam disclosure, a pattern of cash activity, a known banking relationship — the odds improve substantially.

Is a Safe Deposit Box Levy Worth It?

Yes — with one condition.

The additional costs (locksmith fee, sheriff fee, your time) make this a tool worth deploying when you have reason to believe something is inside. Levying against a random bank on a hunch, hoping a box exists, is expensive and mostly unproductive.

But when the facts point there, levy it. The cost of the opening is modest relative to what can be recovered. The asymmetry between that cost and what may be inside is exactly the kind of opportunity that post-judgment enforcement is built to exploit.

Not Every Judgment Gets Here — But Some Should

Most collection work runs through bank accounts, wages, and property liens. A safe deposit box levy is a specialized tool — one that rewards creditors who invest in knowing where the debtor actually keeps their assets.

If you’re sitting on a judgment that’s gone nowhere and you’re not sure what enforcement tools have been tried, submit it for a free review. I’ll evaluate your situation and map out the options — including whether asset investigation makes sense before the next levy.

You can browse every enforcement tool available to California judgment creditors in the California Judgment Enforcement Guides. The safe deposit box levy is one page in a much larger playbook.