Sheriffs Dept contact info re wage garnishments
Posted: Mon Apr 23, 2012 12:06 pm
Nick,
Please keep us posted on how it goes.
On Mon, Apr 23, 2012 at 11:24 AM, Nicholas Gebelt wrote:
> **
>
>
> Dear Link and Kirk,****
>
> ** **
>
> Best of luck in stopping the garnishment. Up until September 2011 I could
> stop a wage garnishment immediately. However, of late I have been facing
> ongoing garnishments in spite of my contacting the creditor, the Sheriff,
> and the debtors payroll department. And its not only in LA. I just
> received a call from a Chapter 7 debtor for whom I filed on April 15 - and
> sent faxes to the creditor, the payroll department, and a letter to the OC
> Sheriffs Levying Officer (I didnt have a fax number) - who told me his
> Friday check was garnished in the amount of $900.****
>
> ** **
>
> I have a Chapter 13 debtor, five of whose postpetition checks were
> garnished. I filed an OSC motion against the LA Sheriff - the action
> against Amex settled - and at the hearing Judge Brand said she would let me
> and the LA Sheriffs attorney know her ruling on the OSC motion later.
> That was over two months ago. As the old saying goes, the Judges silence
> has been deafening. Interestingly, the Sheriffs response to my motion
> stated that the Sheriff had initiated the garnishment within two days of
> receiving the order, but was unable to stop the garnishment until five
> postpetition checks had been garnished, and couldnt return the garnished
> funds for over four months.****
>
> ** **
>
> In each case the creditor sent the Sheriff a termination order, and
> refused to take any further action, saying that it had done all it could do.
> ****
>
> ** **
>
> Im getting the distinct impression that the automatic stay no longer has
> any teeth when a Sheriff is involved, in spite of the waiver of sovereign
> immunity in 106(a).****
>
> ** **
>
> Nick****
>
> ** **
>
> Nicholas Gebelt, Ph.D., J.D.****
>
> Certified Bankruptcy Specialist****
>
> ** **
>
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>
> ** **
>
> Law Offices of Nicholas Gebelt****
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>
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>
> Phone: 562.777.9159****
>
> FAX: 562.946.1365****
>
> Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com****
>
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>
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> ** **
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> under the Bankruptcy Code.*
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> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Link W. Schrader
> *Sent:* Monday, April 23, 2012 11:00 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* RE: [cdcbaa] Sheriffs Dept contact info re wage garnishments***
> *
>
> ** **
>
> ****
>
> Kirk,****
>
> ****
>
> Here is what I have. In any case, I would follow up to make sure they
> receive the fax.****
>
> ****
>
> (213) 974-6613 Civil Case Information Line****
>
> ****
>
> (213) 974-6376 Better Number****
>
> ****
>
> Fax (Proof of Filing) Los Angeles 213-626-0934****
>
> ****
>
> Fax (Proof of Filing) Santa Monica Station: 310-392-6246****
>
> ****
>
> Fax (Proof of Filing) Pasadena Station: 626-440-1036****
>
> (626) 356-5267 Pasadena Bench Warrants****
>
> ****
>
> *Link Schrader, Attorney*****
>
> Law Office of Link W. Schrader****
>
> ****
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Kirk Brennan
> *Sent:* Monday, April 23, 2012 10:53 AM
> *To:* Cdcbaa Yahoo Listserv
> *Subject:* [cdcbaa] Sheriffs Dept contact info re wage garnishments****
>
> ****
>
> ****
>
> Anyone have contact information for the LA county Sheriff's Dept to stop
> wage garnishments?
>
> --
> Kirk Brennan, esq.
> California Law Office, P.C.
> www.calibankruptcysite.com
>
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>
Kirk Brennan, esq.
California Law Office, P.C.
www.calibankruptcysite.com
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
Nick,Please keep us posted on how it goes.cholas Gebelt <ngebelt@gebeltlaw.com> wrote:
Dear Link and Kirk,
Best of luck in stopping the garnishment. Up until September
2011 I could stop a wage garnishment immediately. However, of late I have been
facing ongoing garnishments in spite of my contacting the creditor, the
Sheriff, and the debtors payroll department. And its not only in
LA. I just received a call from a Chapter 7 debtor for whom I filed on April
15 - and sent faxes to the creditor, the payroll department, and a letter to the
OC Sheriffs Levying Officer (I didnt have a fax number) - who
told me his Friday check was garnished in the amount of $900.
I have a Chapter 13 debtor, five of whose postpetition checks
were garnished. I filed an OSC motion against the LA Sheriff - the action
against Amex settled - and at the hearing Judge Brand said she would let me and
the LA Sheriffs attorney know her ruling on the OSC motion later. That
was over two months ago. As the old saying goes, the Judges silence has
been deafening. Interestingly, the Sheriffs response to my motion stated
that the Sheriff had initiated the garnishment within two days of receiving the
order, but was unable to stop the garnishment until five postpetition checks had
been garnished, and couldnt return the garnished funds for over four
months.
In each case the creditor sent the Sheriff a termination order,
and refused to take any further action, saying that it had done all it could do.
Im getting the distinct impression that the automatic
stay no longer has any teeth when a Sheriff is involved, in spite of the waiver
of sovereign immunity in 106(a).
Nick
Nicholas Gebelt, Ph.D., J.D.
562.946.1365
Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com
Web:http://www.goodbye2debt.com/" target"_blank">www.goodbye2debt.com
Blog:http://www.southerncaliforniabankruptcylawblog.com/" target"_blank">www.southerncaliforniabankruptcylawblog.com/
We are a debt relief agency. We help people file for
bankruptcy relief under the Bankruptcy Code.
Confidentiality Note:only for the person or entity to which it is addressed and may contain
information that is privileged, confidential, or otherwise protected from
disclosure. Dissemination, distribution, or copying of this e-mail or the
information herein by anyone other than the intended recipient, or an employee
or agent responsible for delivering the message to the intended recipient, is
prohibited. If you have received this e-mail in error, please notify us
immediately at
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