Legal Question in Bankruptcy in California

Re: wage garnishment

Get the fax number to the civil division of the appropriate sheriff's office, and fax the bankruptcy notice with a short letter as soon as you receive it. Do the same with your employer, or bring it to the wage/personnel office. But, I agree with my colleague that it's always best to have an attorney's assistance.

Re: wage garnishment

Your question is proof enough that you should be using an attorney for your bankruptcy. An attorney will be able to help you get back any money that was improperly garnished and expedite notice to the judgment creditor and the sheriff.

The San Diego Bankruptcy Court is so busy, that it can take up to a week to mail out the notice to your creditors. It may also take the Sheriff a few days to match up the bankruptcy notice with your file and the creditor might not know of their obligation to remove the garnishment. There is also a form that you should file with the state court right away and mail the sheriff and the judgement creditor.