Legal Question in Credit and Debt Law in California

Re: how can they do this?

The credit card company should not have been able to levy your personal account, unless there is a judgment against you. You need to obtain a copy of the judgment that was levied upon. If the judgment is also against you, you have 6 months from the date the judgment was filed to move to set it aside.

The levy should have a list of exemptions and tell you where to file a document if an exemption applies to you. This is your first step.

This scenario occurs quite frequently because consumers do not answer lawsuits that the credit card companies file against them. The credit card company takes a default judgment against the consumer and often times the amount of the judgment is inaccurate.

Where was the judgment obtained, Cal or Nev? That may make a difference in your remedies, if any.

It is also not clear whether the credit card company was the plaintiff or if a debt collector obtained the judgment. This makes a big difference. If this was done by a debt collector, the Federal Fair Debt Collection Practices Act provides many protections.

You do not give specific figures, but you should consult a bankruptcy attorney or debt practice attorney to determine if you should file bankruptcy.

In any event, you need to obtain copies of all pertinent documents, underlying bills and debt, complaint and judgment, writ of execution and garnishment. This sounds like something that you should then consult an attorney about, but don't go to the consultation without the documents. The attorney will need to review the documents to give you any advice.

I charge $45 for the initial 1/2 hour consultation. You can schedule an appointment at 614-3388.

Re: how can they do this?

You need to contact a Nevada attorney. If this was in CA you could file a COE based on financial situation. Good Luck