California Court of Appeal

Judgment of the trial court denying defendant's claim of exemption to plaintiffs' writ of execution to levy funds in defendant's bank account is reversed, where: 1) defendant's bank account solely contained Social Security payments exempt from levy under 42 U.S.C. section 407; and 2) if the Social Security funds are not directly deposited into the bank account by the government, one must trace their source, but it does not preclude a judgment debtor from claiming exemption from levy if that debtor can prove such funds were, in fact, Social Security payments.

Appellate Information

• Decided 01/16/2015
• Published 01/16/2015

Judges

• Fybel

Court

• California Court of Appeal

Counsel