Central District Consumer Bankruptcy Attorney's Association

I have found the only way to handle this very problem is to send a polite notice of stay to the employer payroll department. Clients often squeal, particularly in small firms where "everyone will know about the bk". Most companies with large payroll departments will not wait for the Sheriff, they stop the garnishment themselves. I have even had success with government agencies this way. I have sent county employees payroll services notice of the BK. Got a letter saying we needed to get the Sheriff to lift the levy. Called county payroll department and demanded to speak to supervisor, and told them to call county counsel for an opinion on whether they needed to wait for the sheriff to call off the levy/garnishment. Got a call an hour later saying that the garnishment would be lifted without having to get any notice from the sheriff.
Does anyone have any different experience?
Jeffrey B. Smith**
CURD, GALINDO & SMITH, L.L.P.
301 East Ocean Blvd. #1700
Long Beach, CA 90802
(562) 624-1177
(562) 624-1178 fax
(310) 993-6560 cellular
www.expertbk.com
>
> Client was the subject of a wage garnishment. Case filed 9/11/12. Law firm representing creditor was notified of BK on same day. Sheriff was notified by fax that day, and by US Mail (presumably received two days, three days later?). Not surprisingly, this is the downtown sheriff ofice.
>
> Fast forward to today. Client has been garnished another two checks, which is not even property of the bankruptcy estate, her wages are still being garnished, and I look like a fool. Sheriff's office, while never easy to get ahold of, is completely unreachable. Worthless.
>
> Called up attorney's office for the creditor. Found out that they didn't send anything out to the Sheriff's office until 9/24, 13 days after receiving notice of the BK. Notwithstanding the fact that I had already notified the Sheriff, they sat around on it for 13 days. 13 days?? Are you kidding me? Their response was they are a big firm, they have a lot of these, and that therefore 13 days is perfectly acceptable.
>
> The only conclusion I can draw is that in and of itself, filing the bankruptcy and notifying the appropriate parties is a complete joke, thereby making the filing of the bankruptcy toothless. I am tempted to file my OSC re contempt against the sheriff and the law firm as well, because certainly nobody respects the automatic stay one bit.
>
> Thoughts?
>
> Todd Mannis
> Calabasas, California
>

The post was migrated from Yahoo.

Nicholas Gebelt did some good work in a related case, and ended up getting
damages. OSC re contempt against LASD attached.
Hale
_____

The post was migrated from Yahoo.

I was once told, privately, by a member of the Sheriff's Dept that they do
Not look at faxes. You must take it in, in person. And since you cannot
rely on a lazy creditor's atty to get it in on time, always run it down
there yourself. Not right, but it is what it is.
Sent from my Verizon Wireless Droid
To: cdcbaa@yahoogroups.com
Sent: Wed, Oct 10, 2012 17:17:08 GMT+00:00
Subject: [cdcbaa] Wage Garnishment rant
Client was the subject of a wage garnishment. Case filed 9/11/12. Law firm
representing creditor was notified of BK on same day. Sheriff was notified
by fax that day, and by US Mail (presumably received two days, three days
later?). Not surprisingly, this is the downtown sheriff ofice.
Fast forward to today. Client has been garnished another two checks, which
is not even property of the bankruptcy estate, her wages are still being
garnished, and I look like a fool. Sheriff's office, while never easy to
get ahold of, is completely unreachable. Worthless.
Called up attorney's office for the creditor. Found out that they didn't
send anything out to the Sheriff's office until 9/24, 13 days after
receiving notice of the BK. Notwithstanding the fact that I had already
notified the Sheriff, they sat around on it for 13 days. 13 days?? Are you
kidding me? Their response was they are a big firm, they have a lot of
these, and that therefore 13 days is perfectly acceptable.
The only conclusion I can draw is that in and of itself, filing the
bankruptcy and notifying the appropriate parties is a complete joke, thereby
making the filing of the bankruptcy toothless. I am tempted to file my OSC
re contempt against the sheriff and the law firm as well, because certainly
nobody respects the automatic stay one bit.
Thoughts?
Todd Mannis
Calabasas, California

The post was migrated from Yahoo.

Client was the subject of a wage garnishment. Case filed 9/11/12. Law firm representing creditor was notified of BK on same day. Sheriff was notified by fax that day, and by US Mail (presumably received two days, three days later?). Not surprisingly, this is the downtown sheriff ofice.
Fast forward to today. Client has been garnished another two checks, which is not even property of the bankruptcy estate, her wages are still being garnished, and I look like a fool. Sheriff's office, while never easy to get ahold of, is completely unreachable. Worthless.
Called up attorney's office for the creditor. Found out that they didn't send anything out to the Sheriff's office until 9/24, 13 days after receiving notice of the BK. Notwithstanding the fact that I had already notified the Sheriff, they sat around on it for 13 days. 13 days?? Are you kidding me? Their response was they are a big firm, they have a lot of these, and that therefore 13 days is perfectly acceptable.
The only conclusion I can draw is that in and of itself, filing the bankruptcy and notifying the appropriate parties is a complete joke, thereby making the filing of the bankruptcy toothless. I am tempted to file my OSC re contempt against the sheriff and the law firm as well, because certainly nobody respects the automatic stay one bit.
Thoughts?
Todd Mannis
Calabasas, California

The post was migrated from Yahoo.