To serve a bank levy in Santa Clara County, attorneys must open a file with the Sheriff’s Civil Division using SER‑001 and SER‑001A Judicial Council forms and include a signed Letter of Instruction. A Registered Process Server then serves the bank and judgment debtor, and returns Proof of Service so the Sheriff, called the levying officer, can proceed.
Countrywide Process
February 02, 2026
Debt collection is the legal process by which judgment creditors seek to recover money owed by judgment debtors. One of the most effective tools in debt collection is the bank levy, which allows a creditor to obtain a court order to freeze and seize funds directly from a debtor’s bank account. When a bank levy is issued, the bank is required to hold the funds in the account, giving the creditor an opportunity to collect the money needed to satisfy the judgment. However, not all funds are subject to seizure—certain exempt funds are protected by law. Debtors must act quickly if they believe their funds are exempt, typically by filing a claim of exemption with the court within a short window after receiving notice. Judgment creditors and debt collectors are required to follow strict legal procedures, including providing proper notice to the debtor before any funds are seized. Understanding the bank levy process, the role of the court, and the available exemptions is crucial for both creditors seeking to collect and debtors aiming to protect their assets. In most cases, prompt action and knowledge of the law can make a significant difference in the outcome of a debt collection effort.
In Santa Clara County, the Sheriff’s Office acts as the official levying officer, but it does not physically serve the bank levy in most cases. The Sheriff will only serve if the creditor has:
For all other cases, a Registered Process Server (RPS) must serve:
The Sheriff’s role begins after service is completed.
Before any service can occur, attorneys must open a file with the Santa Clara County Sheriff’s Civil Unit and provide clear instructions that a Registered Private Process Server will be serving the levy.
This is done using standardized Judicial Council forms and a Letter of Instruction.
Attorneys must include the following:
Yes. In addition to SER‑001 and SER‑001A, Santa Clara County requires a signed and dated Letter of Instruction.
Unsigned or missing Letters of Instruction are a frequent cause of rejected levy filings.
Countrywide Process provides a fillable letter of instruction upon request.
Before a Registered Process Server may serve the bank, the following must be delivered to the Santa Clara County Sheriff’s Civil Unit to open the levy file:
If your case is in regards to personal debt (money for personal, family, or household use), you must verify the debtor’s address before the sheriff can serve the levy.
Fill out: EJ–135 Declaration of Address Verification
Submission must be complete and accurate before service begins.
The Registered Process Server must serve the complete levy package, which includes the following forms:
Serving these forms properly helps ensure compliance and avoids rejection.
While bank accounts are often targeted in debt collection through bank levies, not all funds held in these accounts are available for seizure. California law provides important protections for certain types of income, known as exempt funds. These include social security benefits, wages, and other essential sources of income that are necessary for the debtor’s support. To safeguard these exempt funds, debtors should carefully review their bank statements and identify any deposits that qualify for exemption. Providing proof of income and expenses—such as pay stubs, benefit award letters, or other documentation—can help establish that certain funds are protected. Under California Code of Civil Procedure § 704.110, specific benefits like county employees’ retirement, fire service retirement, and legislators’ retirement are also exempt from levy. If a debtor receives a levy notice, it is important to act quickly by filing a claim of exemption with the court and submitting supporting documents. By understanding which assets are protected and taking the necessary steps, debtors can ensure that their essential funds remain secure, even when their accounts are subject to a bank levy.
Once the levy service is completed:
The Sheriff cannot begin this process until Proof of Service is received.
Santa Clara County Sheriff’s Office – Civil Division
(Address and contact information should be verified on the official site)
Accurate record keeping is essential for anyone involved in debt collection, especially when a bank levy is at stake. Debtors should maintain up-to-date bank statements, detailed records of income and expenses, and copies of all communications with creditors and the court. These documents are critical when asserting that certain funds are exempt from levy, as they provide the proof needed to support a claim of exemption. Keeping copies of the original writ, levy notice, and any court orders is equally important, as these documents may be required to respond to creditor actions or to file for exemptions. In the event of a dispute, thorough records can help demonstrate compliance with the law and support the debtor’s position. For judgment creditors, maintaining organized records ensures that the debt collection process proceeds smoothly and that all legal requirements are met. Good record keeping not only supports exemption claims but also helps both parties track payments, expenses, and the overall status of the collection effort.
Only including one Notice of Levy→ Two are required: one for the bank, one for the debtor
Using an expired Writ of Execution→ Must be issued within 180 days
Not checking the correct box on SER‑001→ Must state the Sheriff will act only as levying officer
Omitting a signed Letter of Instruction→ Without it, the Sheriff may refuse to open the file
Not returning Proof of Service to the Sheriff → The Sheriff cannot execute the levy without it
Not recognizing that a frozen bank account is a clear sign that a judgment has been entered and a levy has been executed
Recent updates in California debt collection law have introduced important changes to the bank levy process. Notably, Assembly Bill 2364 requires financial institutions to designate a central address for the service of all levy-related documents, streamlining the process for creditors seeking to levy multiple bank accounts. This development makes it easier for judgment creditors and their process servers to serve the necessary documents efficiently, reducing delays and increasing the likelihood of successful collection. However, these changes also mean that debtors must be vigilant in monitoring their accounts and understanding their rights. The costs associated with debt collection—including court fees, process server charges, and attorney’s fees—can add up quickly, so it is important for both creditors and debtors to be aware of the financial implications. In some cases, debtors may need to negotiate with creditors or seek legal advice to protect their interests and minimize expenses. Staying informed about new laws and procedures helps all parties navigate the debt collection process more effectively and ensures that finances and assets are protected according to current California law.
In our experience serving Santa Clara County levies, attorneys rely on Countrywide Process, LLC for:
Countrywide Process, LLC is committed to serving clients with responsive, client-centered support throughout the bank levy process.
The firm also assists business clients with bank levy and judgment collection matters in Santa Clara County.
📬 Submit a Santa Clara County Bank Levy👉https://countrywideprocess.com
In most cases, no. The Sheriff acts as levying officer but only serves in limited cases such as when a fee waiver is granted or the creditor is an inmate.
You must submit SER-001, SER-001A, a signed Letter of Instruction, and the original Writ of Execution (EJ-130) before service can occur.
Yes. A signed Letter of Instruction identifying the Registered Process Server, bank branch, and debtor is mandatory.
As of 2026, the fee is generally $50.00 per bank served, but confirm the fee with the Sheriff’s Civil Division.
Yes. One for the financial institution and one for the judgment debtor are required.
Submit the Proof of Service and served documents to the Santa Clara County Sheriff’s Civil Division at the address provided by the Sheriff.
Yes, Countrywide Process provides full-service bank levy support for attorneys across Santa Clara County.
To regain access to your bank account after a levy, you may file a claim of exemption with the court if the funds are exempt or partially exempt. You can also seek court relief to unfreeze your account or negotiate with the creditor. Legal guidance is recommended to protect your access to essential funds.
A bank levy can affect your finances by freezing your funds, disrupting bill payments, and potentially causing long-term financial hardship. It is important to understand your rights and seek legal advice to minimize the impact.
Yes, a debt collector or judgment creditor can freeze or seize funds in your bank account after obtaining a court judgment. You will receive notice and may have the opportunity to contest the levy or claim exemptions.
A creditor can levy multiple of the debtor’s bank accounts if they are identified. It is important for creditors to locate all debtor’s bank accounts to maximize recovery, and for debtors to be aware of which accounts may be targeted.
Yes, judgments accrue interest until paid in full. This means the total amount owed can increase during the bank levy process.
Certain property is exempt from a bank levy under California law, including Social Security benefits, some retirement accounts, public benefits, and other protected assets. You may claim exemptions to protect these funds from seizure.
Yes, you may be able to resolve a bank levy through a settlement with the creditor. Negotiating a settlement can result in the release of the levy and unfreezing of your account, especially if you can demonstrate hardship or exempt funds.
