Czap v. Credit Bureau of Santa Clara Valley

In Czap v. Credit Bureau of Santa Clara Valley (1970) 7 Cal.App.3d 1, plaintiff was sued for attorney fees she incurred in her divorce action. A judgment was obtained against her. She brought an action against the credit bureau to enjoin their garnishment of her wages, alleging abuse of process. On appeal from the judgment after demurrer sustained against her, the appellate court reversed. The court said that the defendants were guilty of an abuse of process by seeking to levy upon her exempt wages so as to force her to pay the judgment. In Czap v. Credit Bureau of Santa Clara Valley, the Court of Appeal recognized a cause of action for abuse of process based on allegations that a collection agency obtained a levy and threatened subsequent levies despite knowledge that the plaintiff's wages were exempt from execution. The plaintiff complained the defendant's ulterior purpose was to jeopardize the plaintiff's employment, thus compelling her to use her exempt wages to satisfy her debt.