2010-00076544-CL-CL

Target National Bank vs. Chana M. Wynne

Nature of Proceeding: Notice of Hearing on Claim of Exemption

Filed By: Muren, Tara

Claim of exemption is granted in the amount of $277.36. The sheriff is directed to
return this amount to the judgment debtor.

This is a bank levy. Claimant contends that the funds levied on were a combination of
wages and child support. Claimant states that she set up separate savings accounts
for her children and deposited extra child support payments into those accounts. She
states that on the date of the levy, March 11, 2014, $256.12 was taken from claimant’s
own account. Of that amount, the deposit record show that $164.07 were child
support payments paid within the prior three weeks, and $151.05 was wages, of which
75%, or $113.29, is exempt.

The remaining funds levied on to reach the total levy of $712.77 were taken from other
savings accounts set up for claimant’s children, in the total amount of $457.65. This
amount was not traced to an exempt source.

Therefore, the amount of the exemption is $277.36. The claimant has filed a financial
statement in support of her position that the entire wages should be exempt based on
the necessities of life, however claimant has listed gross income of over $4,000 which
is not reflected in the bank records, and her expenses are excessive (entertainment
$150, laundry $300, clothing $500). Therefore, claimant is not entitled to more funds
than the 75% of wages that are already exempt.

Section 703.080 pertains to the tracing of exempt funds: (a) Subject to any limitation
provided in the particular exemption, a fund that is exempt remains exempt to the
extent that it can be traced into deposit accounts or in the form of cash or its
equivalent. (b) The exemption claimant has the burden of tracing an exempt fund. (c)
The tracing of exempt funds in a deposit account shall be by application of the lowest
intermediate balance principle unless the exemption claimant or the judgment creditor
shows that some other method of tracing would better serve the interests of justice and
equity under the circumstances of the case.

In this case, there are no bank records tracing the funds in the savings accounts to an
exempt source.