Bank Levies for Child Support: How to Freeze and Collect From Bank Accounts

California Child Support Recovery System | Justice Foundation

A bank levy is one of the fastest and most surprising enforcement tools available to a custodial parent owed arrears. Executed correctly, a bank levy freezes funds in the obligor’s account without advance warning — funds that can then be transferred to you after a brief objection period. Understanding the process makes this tool accessible without an attorney.

The Legal Foundation

Child support arrears constitute a money judgment in California. A money judgment creditor — which you are — can obtain a writ of execution from the court and direct the levying officer (the county sheriff or marshal) to serve it on a bank. The bank is required by law to freeze funds up to the judgment amount and hold them pending a claim-of-exemption period. After that period, if no valid exemption is claimed, the funds are released to you through the court.

How to Identify the Bank

You need to know the specific bank and branch before executing a levy. Sources of bank information include: a debtor’s examination where the obligor discloses accounts under oath, bank statements produced in discovery, checks the obligor has written to you or others, and DCSS’s administrative levy authority which can target accounts without requiring you to identify specific banks. The Justice Foundation kit includes a bank location checklist covering all major California banks and their levy procedures.

The Levy Process

After identifying the bank, obtain a writ of execution from the court clerk — this is the formal authorization for the levy. Prepare a memorandum of garnishee with the bank’s information and deliver it with the writ to the county sheriff or marshal along with the required levying fees. The levying officer serves the bank, which freezes the account. The obligor receives notice of the levy and has 10 days to file a claim of exemption. If no valid exemption is filed, the frozen funds are delivered to the levying officer and then to you.

What Is Exempt From Levy

California exempts certain funds from bank levy: Social Security and SSI deposits, unemployment benefits, state disability payments, and the first $1,788 in an account that consists of wages paid within the last 30 days. However, non-exempt funds — savings, investment deposits, rental income, business income, inheritance, gifts — are fully subject to levy. If the account mixes exempt and non-exempt funds, only the exempt portion is protected. The Justice Foundation kit includes exemption analysis worksheets and instructions for challenging improper exemption claims.