Consumer complaint received 2019-07-26
Company: NELSON AND KENNARD
State: CA
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Collected or attempted to collect exempt funds

Complaint:
On XX/XX/XXXX without notice levied {$32000.00}. The case number is XXXX. 
I filed an exemption claim within time frame allowed by law. 
I am XXXX on XXXX XXXX XXXXXXXX. I also received a personal injury settlement from my former employer on XX/XX/XXXX. Settlement was due to inability to work because of XXXX and XXXX  XXXX. 
I have a family of XXXX. XXXX boys, XXXX, XXXX and XXXX years old. I am married. 
I own one real estate property and it is my primary residence in the state of California.

This is my 2nd complaint. 
One day before my exemption hearing, XXXX  XXXX XXXX 's legal representation, Nelson and Kennard filed a 2nd attempt to levy my property. Case number XXXX P. 
I submitted a complaint approximately 3 weeks ago to your agency. 
I am sending a 2nd because the actions of both XXXX XXXX XXXX and Nelson and Kennard should be considered as harassment and predatory in nature. 

Plaintiff is well aware of my financial situation. I submitted a financial statement showing I am upside dwon {$7500.00} to {$8000.00} each month. I am using personal injury settlement ( exempt ) to cover deficit. The settlement amount was supposed to cover my family for 24 months ( beginning XX/XX/XXXX ) with the hope I could return to work within that time period. 

I had major XXXX  XXXX on XX/XX/XXXX, my wife was in a serious car accident on XX/XX/XXXX ( she was injured ). Her work vehicle was totaled. Then XXXX  XXXX XXXX levied {$32000.00} on XX/XX/XXXX. 
I am down to less than {$5000.00} of total available liquid funds. 

Not able to return to work in near future. may require XXXX XXXX and possible XXXX XXXX  XXXX. 
Before XXXX retained council, I spoke with XXXX agents on a half dozen occasions. I explained if I could settle for a negotiated. amount I would do so. XXXX kept harassing me, I continued to take their calls and re-told the same story. 

I have been with XXXX credit card services for approximately 30 years. Paid monthly credit card bill in full with little exception. Less than 10 times I forgot to pay bill on time, accumulated minimal interest, paid bill. By and large I paid monthly charges in full. 
My credit limit was {$20000.00}. 
When I lost job accumulated higher amount of monthly charges, XXXX without my written or verbal permission raised my credit limit to approximately {$50000.00}. 

This is a predatory tactic. I was in the middle of dealing with losing my mother, my job, dealing with health problems, not paying off monthly bills. And they raise limit at a time most banks would not. 
First, limit should not be raised without permission from card holder. Second, the timing is suspicious and predatory. Why not raise it during the two plus decades when I was paying off monthly balance? I think we all know the answer to describe their timing. 
Nelson and Kennard have all the documentation showing XXXX payments and injury settlement. They know I'm down to my last {$5000.00}. They know I don't have the money to hire council. 
So, they make further attempts to increase the stress in my life, push me into further physical and emotional distress. Why? 

I don't have any money. I need the {$32000.00} levied on XX/XX/XXXX to be returned to my account. Otherwise I can't put a roof over my families head. Barely have money to purchase groceries, pay for medical bills. 

Yet, they file a 2nd levy a day before my hearing. 
Despicable. 
I am responsible for the debt, this I know. I am not responsible for the suspicious increase in my credit limit.

Company response to consumer: Closed with explanation