Central District Consumer Bankruptcy Attorney's Association

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Dear Steve,
Here's a letter I recently sent to the Sheriff, since the Sheriff is usually the one who does the garnishing. You may find that with a few tweaks it will work for the City Attorney. One caveat: while 106(a)(1) waives sovereign immunity regarding the stay, and 106(a)(3) provides for damages including costs and attorney's fees 106(a)(3) also takes punitive damages off the table.
By the way, the Sheriff is not very good at returning garnished wages without an OSC motion. Maybe the City Attorney will be more compliant, but be prepared to litigate the matter.
Good luck,
Nick
Nicholas Gebelt
Nicholas Gebelt, Ph.D., J.D.
Attorney at Law
Certified Bankruptcy Law Specialist
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Does anyone have a letter to a city attorney when the HR department
continues to garnish wages after notice of the stay? I can do one and
have some standard letters, but if anyone wants to share one that they
found effective I'd be much appreciative.
I figure that's the next step before doing a motion for violation of the
stay.
Steve
Law Offices of Steven B. Lever
>
> Steven B. Lever
>( Tel. (562) 436-5456 ext. 1
>( Fax (562) 485-6886
>* sblever@leverlaw.com
> www.leverlaw.com
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