Oppose a levy

You may oppose a creditor's levy against you

In this page:
What is a levy?

A levy is a legal action to take your funds or property and use them to pay off a debt to a creditor.

How to oppose a levy

If your money or property are levied, you should seek legal help. You may file a claim of exemption with the Sheriff’s Office.

How to file a claim of exemption

  • Review the exemptions from enforcement of judgments list to determine if your funds or property are exempt

  • Complete the claim of exemption and financial statement forms

  • File the original set of documents plus two copies with the San Francisco Sheriff’s Office

  • If your creditor opposes your claim of exemption, you will receive a notice to appear in court

  • While your claim is pending, the Sheriff will not send your withholding amount to your creditor

  • Your creditor may accept your claim of exemption, or you will receive a decision from the court

Additional resources

ACCESS Center
Legal self-help at the San Francisco Superior Court

Stop levies after declaring bankruptcy

Definitions

Creditor

Person or business that is owed money

Debtor

Person or business that owes money to a creditor

Judgment debt

A court-issued judgment that specifies the amount of money a debtor owes to a creditor 

Levy

A collection enforcement tool that creditors use to collect on a debt

Memorandum of garnishee

Written report of judgment debtor’s accounts, obligations and personal property that are under third party’s control (i.e. bank) and possession

Personal property

Anything you own that can be moved, like vehicles, or other valuable items 

Real property

Anything you own that cannot be moved, like your home, land, or other buildings

Writ

Court-issued document that begins the transfer of assets

The San Francisco Sheriff’s Department cannot provide legal advice. If your money or property are levied, we suggest contacting an attorney. 

CA Business & Professions Code Section 6125

Government Code 24004