Legal Question in Credit and Debt Law in California
I had a civil judgment made against me for $27,000 from Progressive Insurance for a car accident. Last year the amount was paid down to $16,000 and on the 30th of December (2011) a levy was placed on my bank account and my rent money for January was removed. I am unemployed so coming up with $700 a month is a struggle to say the least. Is there any way I can have freeze on monies that I need to deposit into my account to pay for bills like gas, electric, phone, rent and possibly food? I spoke with my bank's legal department and they said each time the levy request is sent by Progressive all money I have in my account has to be removed. I never have any more than what my rent is and extra money for bills in my bank account. Maybe $900 at the most and that is only when I have money for food usually it is $700 the exact amount I need for rent. Is there any way to be able to legally freeze a base amount in my bank account for my bills mainly rent? I also need to be able to deposit money from checks that I get from odd jobs during the month until I can find part time or full time work. Those amounts are never much usually $40 to $100 but that is how I am able to live. Do I have any legal recourse at all? Thank for in advance for any help.
1 Answer from Attorneys
You may file a motion with the superior court to reduce the amount of each levy because of hardship. Be prepared to bring bank statements, rent receipts, unemployment payment advices, etc. Many locales have free legal clinics to assist folks in your position with such motions. There also might be self-help books in the library (if it's still open despite budget cuts).
You might also speak with an attorney about other ways to deal with that and other debt, including filing for bankruptcy protection.
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