When a creditor served a writ of execution to levy funds in the debtor’s bank account, the debtor submitted a claim of exemption to the writ, asserting the funds in the account were Social Security payments exempt from levy under 42 U.S.C. § 407. The creditor opposed the claim of exemption, citing Code of Civil Procedure section 704.080 which states that only Social Security funds directly deposited into a bank account by the government are protected by the exemption. After finding the account contained only funds from Social Security payments, the trial court denied the claim of exemption because the funds were not directly deposited by the government. The appellate court reversed, holding that federal law protects Social Security funds and section 704.080 does not eliminate that protection. (Kilker v. Stillman (Cal. App. Fourth Dist., Div. 3; January 16, 2015) 233 Cal.App.4th 320, [182 Cal.Rptr.3d 712].)
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