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Address for serving the LA County Sheriff=20=20=20
How about adding the creditor to themotion/order so if the Sheriff releases the funds to the creditor, it must turnover the funds to the debtor?
Peter M. Lively, JD, MBA
The Personal Financial Law Center
A-Bankruptcy-Attorney.com
Culver City (310) 391-2400
________________________________
To: "cdcbaa@yahoogroups.com"
Cc: Nicholas Gebelt
Sent: Wednesday, February 1, 2012 5:26 PM
Subject: RE: [cdcbaa] Address for serving the LA County Sheriff
Dear Daniela,
The case number is 2:11-bk-53616-WB. I filed the OSC motion
against the Sheriff as docket entry #22. The hearing is set for March 7. There
is a separate OSC motion against Amex arising from the same garnishment problem
- but that one has settled (unfortunately for not much money, but my client
insisted on accepting the settlement offer without any further fight).
Section 106(a)(1) waives sovereign immunity with respect to
362, meaning that you can get costs and attorney's fees under 362(k); but punitive
damages are unavailable due to 106(a)(3). However, I am seeing a larger
problem with the L.A. County Sheriff's unwillingness to return garnished funds
generally - not just in this case. The big hurdle I foresee is getting them to
pay up.
A few years ago I got Judge Bufford to sign an order requiring
the Sheriff to return garnished wages, but the Sheriff simply refused to comply.
As there wasn't enough money at stake I didn't pursue it any further. But the
question still remains: How do you force the Sheriff to obey a bankruptcy
judge's order? Given some of the sordid Sheriff's Department activities in the
news lately, it may be that they have decided that they're a law unto
themselves. I don't know if the U.S. Attorney would be willing to step in and
force the Sheriff to pay up. Alternatively, and as a last resort, perhaps getting
the six o'clock news involved might help.
In any event, let's stay in touch on the issue of getting the
Sheriff to comply with the judge's order.
Best regards,
Nick
Nicholas Gebelt, Ph.D., J.D.
Certified Bankruptcy Specialist
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com
Web: www.goodbye2debt.com
Blog: www.southerncaliforniabankruptcylawblog.com/
We are a debt relief agency. We help people file for
bankruptcy relief under the Bankruptcy Code.
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From:cdcbaa@yahoogroups.com
[mailto:cdcbaa@yahoogroups.com] On Behalf Of Daniela Romero
Sent: Wednesday, February 01, 2012 11:42 AM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Address for serving the LA County Sheriff
Hi Nick,
Would you mind sharing the case no. for the motion you
filed? I have the same problem with them. Thanks!
Sincerely,
Daniela P. Romero
Law Office of Daniela P. Romero, APLC
1015 North Lake Ave.,
Ste. 212
Pasadena, CA 91104
Tel: (626)
817-2611
Fax: (626)
296-6991
email: dromerolaw@gmail.com
web: www.pasadenabankruptcylaw.com
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