Bankruptcy Law/Wage garnishment after Chapter 7 filing
Expert: Norma Duenas - California Bankruptcy Attorney - 10/8/2013
Question In July 2013 me & my husband filed for Chapter 7. We completed our court date, necessary classes, & signed necessary forms. I was shocked to now find my wages garnished in October 2013 by the LA county sheriff with 4 overdraft fees added by my bank. I have been getting the runaround by my attorney & would appreciate your advice on how to have the funds returned quickly & to possibly have the overdraft fees covered.
Answer You need to immediately provide the sheriff with the notice of bankruptcy filing. Call the sheriffs office on your earnings withholding order and obtain their fax or email for providing the bankruptcy filing notice. Assuming this debt was incurred prior to filing and that it was listed in your bankruptcy case then it would have been discharged. Once the sheriff receives the notice of bankruptcy filing or discharge letter they should issue a release of your wage garnishment. Any garnished funds that the sheriff is holding should be returned to you. If the creditor has the garnished funds then you need to contact them and provide the information on the bankruptcy so that they can release the garnished funds to you. It is important that you follow up with the sheriffs office as they are usually very busy and it is not uncommon for the release to take a long time if you do not follow up with them.
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Norma Duenas is a California Bankruptcy Attorney representing clients in Chapter 7 and Chapter 13 consumer bankruptcy cases. Norma Duenas is the founding member of Southern California Law Advocates a consumer bankruptcy law firm. For further information you can visit us at: Bankruptcy Attorney in Orange County
Have filed over 350 consumer bankruptcy cases in Orange County, Los Angeles and Riverside. I have worked previously for Macey and Aleman, the largest consumer bankruptcy firm in the country. Currently I am the owner of Southern California Law Advocates, a bankruptcy law firm with offices in Orange County, Los Angeles and Riverside. Law offices is focused on consumer Chapter 13 Bankruptcy and Chapter 7 Bankruptcy
Organizations California Bar Association
American Bar Association
Education/Credentials University of California, Irvine, BA in Criminology, Law and Society
California State University, Los Angeles MS in Criminal Justice
University of San Diego, Law School, JD Cum Laude