Form EJ-160 is California’s Claim of Exemption for property taken to enforce a civil judgment. It is commonly used when a creditor levies a bank account. It is not an Earnings Withholding Order and is not the form used to claim an exemption from wage garnishment.
Written by Christopher Stefan, California Attorney
If a sheriff or another levying officer has seized or frozen your property because of a court judgment, the EJ-160 allows you to identify property that California or federal law protects from collection.
This article explains what the EJ-160 is, when it may be used, where to submit it, and what happens after it is submitted. It covers California enforcement of ordinary civil money judgments. Special rules may apply to taxes, child support, spousal support, and government debts.
Is money being taken from your paycheck? Wage garnishment uses different forms. The order served on an employer is form WG-002, and an employee generally requests an exemption using forms WG-006 and WG-007. You can use our free California Wage Garnishment Exemption Tool to prepare those forms.
What Is Form EJ-160?
The EJ-160 is titled “Claim of Exemption (Enforcement of Judgment).” It allows a judgment debtor—or another person claiming an interest in levied property—to tell the levying officer that some or all of the property is legally exempt from collection.
A bank levy is one of the most common situations involving an EJ-160. A judgment creditor obtains a Writ of Execution, form EJ-130, and directs a levying officer to seize property. When a bank receives the levy, it may freeze money in the debtor’s account. The debtor ordinarily receives a Notice of Levy, form EJ-150, explaining the levy and the right to claim an exemption.
The EJ-160 can also apply to certain other types of personal property taken to enforce a judgment. The property and asserted exemption must be identified on the form.
The EJ-160 Is Not a Wage-Garnishment Order
These form numbers are easy to confuse:
- EJ-160: Claim of Exemption used for property enforcement, including many bank levies.
- WG-002: Earnings Withholding Order served on an employer to garnish wages.
- WG-006: Claim of Exemption used to request protection from wage garnishment.
- WG-007: Financial Statement submitted with a wage-garnishment exemption claim.
- EJ-165: Financial Statement used with the EJ-160 when the claimed exemption depends on financial need.
What Property May Be Exempt?
California and federal law protect various types and amounts of property from judgment enforcement. Depending on the circumstances, protected property may include:
- Certain Social Security and public-benefit payments;
- Unemployment and disability benefits;
- Some retirement and pension funds;
- Certain funds needed for basic necessities;
- Property protected by a specific state or federal exemption; and
- A protected minimum amount held in qualifying deposit accounts.
The existence and amount of an exemption depend on the source of the money, the type of judgment, the property involved, and the law in effect when the levy occurs.
Review Exemptions from the Enforcement of Judgments, form EJ-155, and Current Dollar Amounts of Exemptions from Enforcement of Judgments, form EJ-156, before completing the EJ-160.
Do You Need Form EJ-165?
If you claim that property is exempt because it is necessary to support you, your spouse, or your dependents, you must generally attach a completed EJ-165 Financial Statement.
The EJ-165 asks for information about your income, expenses, assets, debts, household, and financial needs. Complete it carefully and accurately. Supporting records can help establish the source of deposited funds and why the money is protected or necessary for support.
If you rely on an exemption that does not depend on financial need, an EJ-165 may not be required. Follow the current EJ-160 instructions for the particular exemption you claim.
Where Do You Submit the EJ-160?
Do not file the EJ-160 directly with the court clerk.
Give the original completed EJ-160 and one copy to the levying officer identified on the Notice of Levy. The levying officer is ordinarily the sheriff handling enforcement of the judgment. Keep at least one complete copy for your records.
If an EJ-165 or supporting attachment is required, attach it to the copies submitted to the levying officer.
Follow the mailing and delivery instructions on the current forms. Whether a mailed claim is considered filed on the postmark date or when it is received can depend on whether the mailing has a tracking number.
How Much Time Do You Have?
Deadlines for claiming an exemption are short. The Notice of Levy generally states that a claim concerning personal property must be made within 15 days after personal service or within 20 days after service by mail.
For certain judgments involving personal debt, California law may permit a claim to be submitted after that period. However, the levying officer may release the property to the creditor after the original period expires. A later right to submit a claim will not necessarily recover property that has already been released.
Act immediately: Read your Notice of Levy and contact the levying officer identified on it. Do not rely on a general website article to calculate your specific deadline.
What Happens After You Submit the Claim?
The levying officer sends the claim to the judgment creditor.
If the creditor does not oppose the claim within the applicable period, the levying officer may release the exempt property.
If the creditor opposes the claim, you should receive a Notice of Opposition and a Notice of Hearing. A judge will then determine whether some or all of the property is exempt.
Bring documents supporting your claim to the hearing. Depending on the exemption, useful evidence may include:
- Bank statements showing the source of deposits;
- Benefit award letters;
- Pay stubs;
- Retirement or pension records;
- Rent or mortgage documents;
- Utility, medical, transportation, and childcare expenses; and
- Other records supporting the exemption identified on the EJ-160.
What If the Bank Account Contains Protected Benefits?
Some directly deposited federal benefits and a minimum amount in certain deposit accounts may receive automatic protection. That does not mean every dollar in the account is necessarily protected or that the bank will correctly identify every exempt deposit.
If protected funds were frozen, trace the deposits using bank statements and benefit records. Submit an EJ-160 promptly if a claim is necessary to protect money beyond the automatic exemption or to correct an error.
What If You Were Never Served With the Lawsuit?
A Claim of Exemption challenges the taking of particular property. It does not, by itself, eliminate the underlying judgment.
If the judgment was entered without proper service or without actual notice of the lawsuit, you may have separate grounds to ask the court to vacate the judgment. That is a different procedure with its own requirements and deadlines.
See our guide: What Happens If I Was Never Served but Collection Has Started?
Frequently Asked Questions
Is EJ-160 the form served on my employer?
No. The wage-garnishment order served on an employer is form WG-002. EJ-160 is a Claim of Exemption involving property enforcement and is not the wage-garnishment order.
Is EJ-160 used for a bank levy?
Yes. A person commonly uses EJ-160 to claim that money frozen through a bank levy is legally exempt from collection.
Do I file EJ-160 with the court?
No. Submit the original and one copy to the levying officer identified on the Notice of Levy. Keep a complete copy for yourself.
Does submitting EJ-160 automatically create a hearing?
No. A hearing is generally necessary only if the judgment creditor opposes the claim.
Do I always need an EJ-165 Financial Statement?
No. It is generally required when you claim that the property is exempt because it is needed to support you, your spouse, or your dependents. Other exemptions may not require a Financial Statement.
Does winning the exemption erase the judgment?
No. It protects the property covered by the claim. The underlying judgment ordinarily remains unless it is paid, satisfied, vacated, reversed, or otherwise resolved.
What if my problem is wage garnishment rather than a bank levy?
Use the wage-garnishment instructions and forms WG-006 and WG-007. You can prepare those forms with Law Without Lawyers’ Free California Wage Garnishment Exemption Tool.
Wages being garnished? EJ-160 is not the wage-garnishment exemption form. Use our free guided WG-006 and WG-007 preparation tool.
This article provides general educational information and is not legal advice. Exemptions, protected amounts, forms, and court procedures can change. Review the current Judicial Council forms, the Notice of Levy you received, and instructions from the levying officer before submitting anything.