If I had a notice of levy on a bank account, should I file a claim of exemption with the levying officer/Sheriff even though I only have SS benefits in my account?

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If I had a notice of levy on a bank account, should I file a claim of exemption with the levying officer/Sheriff even though I only have SS benefits in my account?

Even though social security benefits are protected and exempt by law without claim?

Asked on May 10, 2013 under Bankruptcy Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Although you are right that the social security benefits are protected and exempt under the law with regard to collection, you still should file the claim with the Sheriff (or whom ever is the levying officer) just to be sure.  ANd I would notify and file with the bank as well.  Good luck.


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