Free Order on Motion for Order - District Court of Colorado - Colorado

Case 1:00-cr-00530-WYD

Document 43

Filed 08/15/2008

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Wiley Y. Daniel Criminal Case No. 00-cr-00530-WYD UNITED STATES OF AMERICA, Plaintiff, v. JAMES DOUGLAS BRENDLINGER, JR., Defendant, and ON TIME EXPRESS, Garnishee.

GARNISHEE ORDER

THIS MATTER is before the Court on the United States' Motion for Entry of Garnishee Order. The motion indicates that the Clerk of Court issued a Writ of Garnishment, directed to Garnishee, on May 20 2008, and mailed it to the Garnishee by certified mail. It was received by Garnishee on May 27, 2008. The Garnishee filed an answer on June 9, 2008, stating that it had in its possession or control personal property belonging to Defendant, and that it was indebted to Defendant in the form of wages. The Writ of Garnishment, Application for Writ of Garnishment and Notice of PostJudgment Garnishment were mailed to Defendant, the judgment debtor, by first class mail on May 29, 2008, at his last known address. The Clerk's Notice of Post-Judgment Garnishment and Instructions to Judgment Debtor informed Defendant that he had the

Case 1:00-cr-00530-WYD

Document 43

Filed 08/15/2008

Page 2 of 2

right to request a hearing if Defendant believed he did not owe the money to the Government. Defendant has not requested a hearing or otherwise responded to the Notice or the Writ of Garnishment. Accordingly, I find that the United States has shown good cause for the granting of its motion. It is therefore ORDERED that the United States' Motion for Entry of Garnishee Order (filed August 13, 2008), is GRANTED. In accordance therewith, it is ORDERED that Garnishee ON TIME EXPRESS shall, each pay period, pay 25% of Defendant's disposable wages to the United States and shall continue said payments until the judgment debt herein is paid in full, or until the Garnishee no longer has custody, possession, or control of any property belonging to the Defendant, or until further order of this Court. DATED: August 15, 2008. BY THE COURT: s/ Wiley Y. Daniel WILEY Y. DANIEL, UNITED STATES DISTRICT JUDGE

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