Czap
Czap v. Credit Bureau of Santa Clara Valley
Opinion
Opinion
Christian, J.
Appellant Joan Czap sued to enjoin respondent credit bureau from garnishing her wages in execution of a $250 judgment for attorney fees incurred in a divorce action. She alleges that respondent rejected her offer to pay the judgment in installments and that repeated levies are threatened despite respondent’s knowledge that all but $45 weekly of appellant’s wages are exempt from execution under Code of Civil Procedure section 690.11. The complaint alleges that repeated garnishments of wages jeopardize appellant’s employment and that respondent’s purpose is thereby to force appellant to pay the judgment out of exempt wages in order to avoid loss of employment.
In three separate causes of action based on the above allegations, appellant seeks (1) general and exemplary damages for abuse of process, (2) the same relief for unfair collection practices violating regulations applicable to respondent as a licensed collection agency, and (3) an injunction against such collection practices in behalf of the general public. Respondent’s general demurrer was sustained as to all three causes of action; the appeal is from the ensuing judgment of dismissal and from a concurrent order…