What is the name of your state?What is the name of your state? I am in California. When filing our petition for CH.13 Bk., an automatic stay was in effect. At that time, husband's wages were being garnished for ARREARS only child support(child is 26). Filed petition 11/2003. County of San Bernardino Child Support Services was sent notification. Wages continued to be garnished. Our attorney contacted SBCSS to in form them to stop the garnishment. Garnishment continued until 02/2004.
According to guidelines as what a creditor can not do, unless they petition the court to have the stay removed, this is an act of contempt of court.
Notices from this agency also said they were reporting hubby to credit bureaus and to the IRS to take our home or take our bank account monies. All this is going on prior to confirmation. I informed our attorney, but alas there is no financial gain in filing contempt charges against a state agency, nothing was done. The judge was not informed nor was the Trustee as to the violations that were occuring. Is this a matter of malpractice by our attorney ? Also, in court I spoke up to inform the judge that the child support agency also put a lien on our home, another violation of contempt. Both our attorney and the state's attorny were asked by the judge why this was done and the response was they were working it out. The judge mentioned something about santions, but nothing was done. I feel if the judge was informed as to all the contempts of court that the state committed, he might impose sanctions on both attorneys. Am I correct and what can I do about this since my attorney has failed to do anything about it ? Thank you
According to guidelines as what a creditor can not do, unless they petition the court to have the stay removed, this is an act of contempt of court.
Notices from this agency also said they were reporting hubby to credit bureaus and to the IRS to take our home or take our bank account monies. All this is going on prior to confirmation. I informed our attorney, but alas there is no financial gain in filing contempt charges against a state agency, nothing was done. The judge was not informed nor was the Trustee as to the violations that were occuring. Is this a matter of malpractice by our attorney ? Also, in court I spoke up to inform the judge that the child support agency also put a lien on our home, another violation of contempt. Both our attorney and the state's attorny were asked by the judge why this was done and the response was they were working it out. The judge mentioned something about santions, but nothing was done. I feel if the judge was informed as to all the contempts of court that the state committed, he might impose sanctions on both attorneys. Am I correct and what can I do about this since my attorney has failed to do anything about it ? Thank you