Free Motion for Order - District Court of Colorado - Colorado

Case 1:01-cr-00300-WDM

Document 36

Filed 05/29/2008

Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 01-cr-00300-WYD UNITED STATES OF AMERICA, Plaintiff, v. FLOYD MOOSBURGER, Defendant, and JOE'S TOWING & RECOVERY, Garnishee.

MOTION FOR ENTRY OF GARNISHEE ORDER

Plaintiff United States of America respectfully moves for entry of a Garnishee Order directed to JOE'S TOWING & RECOVERY, Garnishee. As grounds therefore, the United States advises as follows: 1. Upon application of the United States, the Clerk of the Court issued a Writ

of Garnishment, directed to Garnishee, on April 14, 2008. 2. As set forth in the attached Declaration of Patricia McGee-Wake, the Writ

of Continuing Garnishment and the Clerk's Notice of Post-Judgment Garnishment were sent to the Garnishee by certified mail, and the Garnishee received the documents on April 17, 2008. McGee-Wake Declaration, Ex. 1, ¶ 2; Certified Mail Receipt, Ex. 2. 3. The Application for Writ of Garnishment, Writ of Garnishment, and Clerk's

Notice of Post-Judgment Garnishment, were mailed to the judgment debtor by first

Case 1:01-cr-00300-WDM

Document 36

Filed 05/29/2008

Page 2 of 3

class mail on April 21, 2008, at his last known address. These documents notified defendant of the right to request, within twenty days, a hearing to determine exempt property. McGee-Wake Decl., Ex. 1, ¶ 3. 4. The Garnishee filed an answer on April 25, 2008, stating that it had in its

possession or under its control personal property belonging to and due Defendant, and that it was indebted to Defendant in the form of wages. 5. Defendant has not filed a request for a hearing.

WHEREFORE, pursuant to 28 U.S.C. § 3205(c)(7), the United States respectfully requests that the Court enter a Garnishee Order directing the Garnishee to pay 25% of Defendant's disposable wages, less any amount paid pursuant to a preexisting Department of Education garnishment, to the United States each pay period, continuing until the judgment debt 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. Respectfully submitted, TROY A. EID United States Attorney

Dated: May 29, 2008

By:

S/ Lisa A. Christian LISA A. CHRISTIAN Assistant U. S. Attorney 1225 17th Street, Suite 700 Denver, CO 80202 Phone: 303-454-0100 Fax: (303) 454-0404 [email protected] Attorneys for Plaintiff United States of America

2

Case 1:01-cr-00300-WDM

Document 36

Filed 05/29/2008

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on May 29, 2008, I electronically filed the foregoing with the Clerk of the Court using the ECF system which will send notification of such filing to the following email addresses: [email protected] In addition, I hereby certify that I have mailed the document to the following non CM/ECF participants: Floyd Moosburger P.O. Box 740007 Arvada, CO 80006-0007 Joe's Towing & Recovery 6586 Brighton Blvd. Commerce City, CO 80022

s/ Lisa A. Christian LISA A. CHRISTIAN Office of the United States Attorney 1225 17th Street, Suite 700 Denver, Colorado 80202 (303) 454-0100

3