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EJ-157-INFO - Instructions for Ex Parte Application for Order on Deposit Account Exemption
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Instructions for Ex Parte Application for Order on Deposit Account Exemption
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Form ID: EJ-157-INFO Title: Instructions for Ex Parte Application for Order on Deposit Account Exemption Effective Date: 2026-01-01 Mandatory Form: no Info Page: https://selfhelp.courts.ca.gov/jcc-form/EJ-157-INFO Primary Download URL: https://www.courts.ca.gov/documents/ej157info.pdf Form Detail Page: Instructions for Ex Parte Application for Order on Deposit Account Exemption (EJ-157-INFO) Instructions describing form EJ-157. Get form EJ-157-INFO Effective: January 1, 2026 Go to How-to instructions for Debt Collection PDF Text: Judicial Council of California, courts.ca.gov Rev. January 1, 2026, Optional Form Code Civ. Proc., § 704.220 Instructions for Ex Parte Application for Order on Deposit Account Exemption (Enforcement of Judgment) EJ-157-INFOINSTRUCTIONS FOR EX PARTE APPLICATION FOR ORDER ON DEPOSIT ACCOUNT EXEMPTION This information sheet explains how to use forms EJ-157, EJ-158, and EJ-159 to ask for a court order applying the deposit account exemption to the judgment debtor's deposit accounts. 1. Applicable Law. Code of Civil Procedure section 704.220 requires financial institutions (banks) to apply an automatic exemption (protection) when served a Notice of Levy (form EJ-150) on a judgment debtor's deposit accounts (bank accounts) if the judgment being enforced by the Notice of Levy is not based on wages owed or child or spousal support. The exemption amount is stated on Current Dollar Amounts of Exemptions from Enforcement of Judgments (form EJ-156) and is applied to one or more of the judgment debtor's accounts as necessary to ensure the entire exempted amount is protected. (Code Civ. Proc., § 704.220(e)(2), (4), (5).) The exemption is automatically applied, and the judgment debtor does not need to do anything to have the exempted amount protected. 2. Multiple Accounts. If the judgment debtor has multiple deposit accounts at a single bank, either the judgment debtor or judgment creditor can apply for a court order deciding how to apply the exemption to those accounts. The bank must automatically protect the exempted amount in one or more of the judgment debtor's accounts as necessary to ensure the entire amount is protected. Without a court order, the bank will choose the accounts to which the exemption applies. (Code Civ. Proc., § 704.220(e)(2), (4), (5).) If the judgment debtor has multiple deposit accounts at multiple financial institutions, the judgment creditor is required to apply for a court order deciding how to apply the exemption to those accounts. The judgment debtor can also make an application. (Code Civ. Proc., § 704.220(e)(3).) 3. If you are the judgment debtor or the judgment creditor and you want the court to decide how to apply the exemption to the judgment debtor's accounts, you should apply for a court order as soon as you receive a notice of a levy or memorandum of garnishment. If you wait to file the application, the financial institution might take money from the accounts and send it to the levying officer. 4. Rules for Applying for a Court Order. You must file the application in the court where the judgment was issued. You must check with that court for local rules and timing about when and where you have to appear at court to have the court consider the application. You must follow the rules for ex parte applications described in California Rules of Court, rules 3.1203−3.1207. The requirements include: Notice of the application. The other party in the case usually must be given notice of the application. You can give notice in person or by phone, fax, or overnight mail, or by email if email notice is already allowed in the case. The other party must be informed by 10:00 a.m. the day before the application is scheduled to be considered by the court, unless there is a good reason that the notice was not or could not be given. You must describe how the notice was given, or why it was not, on Declaration Regarding Notice and Service for Ex Parte Application for Order on Deposit Account Exemption (form EJ-158). Service of papers. You must give copies of the application and all related papers to the other party as soon as reasonable and before the court appearance, if possible. You must describe how this was done, or why it was not done, on form EJ-158. Appearance at court. You must be available when the court considers your application. The court may allow you to appear remotely or may require in person appearance. Read California Rules of Court, rule 3.672 for more information about how to tell the court you want to appear remotely and how to notify the other party of your remote appearance. 5. Forms to Complete. Before the time the court is scheduled to consider the application, you must complete and file the following forms with the court: Ex Parte Application for Order on Deposit Account Exemption (form EJ-157); Declaration Regarding Notice and Service for Ex Parte Application for Order on Deposit Account Exemption (form EJ-158); and Order on Application for Designation of Deposit Account Exemption (form EJ-159) (complete caption and item 1 only). When completing form EJ-157: You must give the information under penalty of perjury. If you have good cause for why the court should act immediately, with no further hearing or briefing, you should check the "Without Hearing" box under the title of form EJ-157, and you should complete item 6b to explain why. Otherwise, you should check the "Hearing on shortened time" box under the title and the box for item 6a. When you file your application form, you must include copies of the Writ of Execution (form EJ-130) and any Notice of Levy (EJ-150) that was issued to a financial institution. Item 5 must include the specific account or accounts to which the court is being asked to apply the exemption. If the judgment debtor is asking for the exemption to be split among multiple accounts, the total amount split between those accounts cannot be more than the total amount of the exemption. (See form EJ-156 for the amount.) EJ-157-INFO, Page 1 of 2 For your protection and privacy, please press the Clear button after you have printed the form. Rev. January 1, 2026 Instructions for Ex Parte Application for Order on Deposit Account Exemption (Enforcement of Judgment) EJ-157-INFOINSTRUCTIONS FOR EX PARTE APPLICATION FOR ORDER ON DEPOSIT ACCOUNT EXEMPTION 6. Filing With the Court. You must file the completed forms with the court clerk. There will be a filing fee unless you are eligible for a fee waiver. (If you cannot afford the fee and have not already received a fee waiver, you may file a Request to Waive Court Fees (form FW-001) with the other forms.) Take extra copies of all the forms to the court so the clerk can give back a stamped copy. 7. What to Do With the Order. The court may rule on your application immediately, or it may hold a hearing to consider the application and any opposition from the other party. Once the court issues an order on form EJ-159, you should serve the order on all other parties in the case as soon as possible. If the order sets a hearing date, the order must be served by the date in item 4b on the order. If the order sets a hearing date, you should appear at the hearing either in person or remotely (if you want to appear remotely, you must give notice in advance to the court and other parties). If the order decides which deposit account or accounts the exemption applies to, you should serve the order on the financial institution and the other parties and give a copy to the levying officer. You should do so as soon as possible. EJ-157-INFO, Page 2 of 2
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Form ID: EJ-157-INFO Title: Instructions for Ex Parte Application for Order on Deposit Account Exemption Effective Date: 2026-01-01 Mandatory Form: no Info Page: https://selfhelp.courts.ca.gov/jcc-form/EJ-157-INFO Primary Download URL: https://www.courts.ca.gov/documents/ej157info.pdf Form Detail Page: Instruct…
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for a court order deciding how to apply the exemption to those accounts. The judgment debtor can also make an application. (Code Civ. Proc., § 704.220(e)(3).) 3. If you are the judgment debtor or the judgment creditor and you want the court to decide how to apply the exemption to the judgment debtor's accounts, you…
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Declaration Regarding Notice and Service for Ex Parte Application for Order on Deposit Account Exemption (form EJ-158); and Order on Application for Designation of Deposit Account Exemption (form EJ-159) (complete caption and item 1 only). When completing form EJ-157: You must give the information under penalty of …
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you must give notice in advance to the court and other parties). If the order decides which deposit account or accounts the exemption applies to, you should serve the order on the financial institution and the other parties and give a copy to the levying officer. You should do so as soon as possible. EJ-157-INFO, P…