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
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