https://www.law.cornell.edu/uscode/text/42/407
Sincerely,
*Michael Avanesian, Esq. *
Avanesian Law Firm
801 N. Brand Blvd., Suite #1130
Glendale, CA 91203
Tel: 818.276.2477 | Fax: 818.208.4550
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On Mon, Jan 11, 2016 at 9:26 AM, Patrick Green
pat@fitzgreenlaw.com
[cdcbaa] wrote:
>
>
> (c) requires proof that it is SS. SS should always be kept in a separate
> account and never commingled. SS funds are also exempt under fed law, but
> I am not in my office to find the cite.
>
> PG
>
> Sent from my Verizon Wireless 4G LTE smartphone
>
>
> -------- Original message --------
>
cdcbaa@yahoogroups.com>
> Date: 01/11/2016 9:14 AM (GMT-08:00)
> To:
cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] CCP 703.140(10)
>
>
>
> Thanks Pat.
>
>
>
> Having reviewed that I now have another issue:
>
>
>
> (b)(2) limits it to $2,425. Then (c) opens it up again to an unlimited
> amount.
>
>
>
> So what the heck is the purpose of limiting it in (b)(2) in the first
> place?
>
>
>
> Steve
>
>
>
>
>
> (2) Social security benefits means payments authorized by the Social
> Security Administration for regular retirement and survivors benefits,
> supplemental security income benefits, coal miners health benefits, and
> disability insurance benefits. Public benefits means aid payments
> authorized pursuant to subdivision (a) of Section 11450 of the Welfare and
> Institutions Code, payments for supportive services as described in Section
> 11323.2 of the Welfare and Institutions Code, and general assistance
> payments made pursuant to Section 17000.5 of the Welfare and Institutions
> Code.
>
> (b) A deposit account is exempt without making a claim in the following
> amount:
>
> (1) One thousand two hundred twenty-five dollars ($1,225) where one
> depositor is the designated payee of the directly deposited public benefits
> payments.
>
> (2) Two thousand four hundred twenty-five dollars ($2,425) where one
> depositor is the designated payee of directly deposited social security
> payments.
>
> (3) One thousand eight hundred twenty-five dollars ($1,825) where two or
> more depositors are the designated payees of the directly deposited public
> benefits payments, unless those depositors are joint payees of directly
> deposited payments that represent a benefit to only one of the depositors,
> in which case the exemption under paragraph (1) applies.
>
> (4) Three thousand six hundred fifty dollars ($3,650) where two or more
> depositors are the designated payees of directly deposited social security
> payments, unless those depositors are joint payees of directly deposited
> payments that represent a benefit to only one of the depositors, in which
> case the exemption under paragraph (2) applies.
>
> (c) The amount of a deposit account that exceeds the exemption provided in
> subdivision (b) is exempt to the extent that it consists of payments of
> public benefits or social security benefits
>
>
>
>
>
> *From:*
cdcbaa@yahoogroups.com [mailto:
cdcbaa@yahoogroups.com]
> *Sent:* Monday, January 11, 2016 9:07 AM
> *To:*
cdcbaa@yahoogroups.com
> *Subject:* RE: [cdcbaa] CCP 703.140(10)
>
>
>
>
>
> Steve:
>
>
>
> Use 704.080(c).
>
>
>
> PG
>
>
>
>
>
>
>
> Sent from my Verizon Wireless 4G LTE smartphone
>
>
>
> -------- Original message --------
>
cdcbaa@yahoogroups.com>
> Date: 01/11/2016 6:32 AM (GMT-08:00)
> To:
cdcbaa@yahoogroups.com
> Subject: [cdcbaa] CCP 703.140(10)
>
>
>
> I have a client who received a large lump sum social security back payment
> that will be in excess of the wildcard exemption.
>
>
>
> CCP 703.140(10)
>
> (10) The debtor's right to receive any of the following:
>
> (A) A social security benefit, unemployment compensation, or a
>
> local public assistance benefit.
>
>
>
> Does this include the cash itself, or just the right to receive cash?
>
>
>
> Steve
>
>
>
> Law Offices of Steven B. Lever
>
>
>
> Steven B. Lever
>
> ( Tel. (562) 436-5456 ext. 1
>
> ( Fax (562) 485-6886
>
> *
sblever@leverlaw.com
>
>
www.leverlaw.com
>
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https://www.law.cornell.edu/uscode/text/42/407
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