Butte — Garnishment Process Services

Source: https://www.buttecounty.ca.gov/DocumentCenter/View/14766/Garnishment-Process-Services

Garnishment Process Services

Instructions for Bank Levy

The service fee is $50 (per bank). Please make checks payable to BCSO (Butte County Sheriff's Office) or we accept cash (in person only).

For service we need the General Services Letter of Instructions (SER-001) for Bank Levy, Special Instructions for Writs and Levies form (SER-001a), the service fee, Address Verification Declaration, the Original Writ of Execution - Money Judgment (form EJ-130) along with 2 copies. We require a signature of the Creditor's Attorney or the Creditor, if not represented by an attorney on the LOI. 

Instructions for Application for Earnings Withholding Order

The service fee is $45. Please make checks payable by check to BCSO (Butte County Sheriff's Office) or we accept cash (in person only).

For service we need the completed Application for Earnings Withholding Order, Form WG-001, with signature(s) of Attorney, or Creditor if not represented by an attorney, Address Verification Declaration, the Original Writ of Execution - Money Judgment (form EJ-130) and the service fee.

Garnishment Claims

Claim of Exemption From Debtor for a Bank Levy (Enforcement of Judgment)

Defendant has only 15 calendar days from service mailing to submit and file a Claim of Exemption (COE), Form EJ-160, with original "wet" signatures (we must have 2 copies) with the Levying Officer. Please note that "filing" with the levying officer is the date we receive the claim, not the date the claim was mailed.

We send COE to the Attorney/Creditor, they have 15 calendar days to respond with a Notice of Opposition and Notice of Hearing. The documents will be mailed to you directly from them. If no response is received by the Sheriff's office we will send a Termination to the bank to release funds back to Debtor. If Opposed by Attorney/Creditor, they will respond with Notice of Opposition to Claim of Exemption (NOO) and Notice of Hearing (NOH). You should attend the hearing. We send the set of these documents to the court, it gets attached to the COE Originals and we wait for the courts Order Determining.

Once we receive the Court Order Determining document we process as per the courts instructions.

Claim of Exemption From Debtor for a Wage Garnishment (EWO)

Defendant can do a COE at any time [as their financial situation changes] and they must fill out both the COE and the Financial Statement. Read the COE instructions carefully!

We send COE to Attorney/Creditor, they have 10 calendar days to respond with a Notice of Opposition and Notice of Hearing. The documents will be mailed to you directly from them. If no response is received by the Sheriff's office we will send a Termination and/or Release/Modification to your employer, following what your COE request was.

If Opposed by Attorney/Creditor, they will respond with Notice of Opposition to Claim of Exemption (NOO) and Notice of Hearing (NOH). You should attend the hearing. We send the set of these documents to the court, it gets attached to the COE Originals and we wait for the courts Order Determining.

Once we receive the Court Order Determining document we process as per the courts instructions.