Free Writ of Garnishment - District Court of Arizona - Arizona

I MICHAEL ZDANCEWICZ, P.L.L.C.
` _ 2 3550 North Central Avenue, Suite 710 1
Phoenix, Arizona 85012
3 Phone: (602) 266-1327
Facsimile: (602) 265-4391
4 Michael Zdancewicz (#12426)
5 [email protected]
Attorneys for Judgment Creditor .
6
UNITED STATES DISTRICT COURT
7
8 DISTRICT OF ARIZONA
9 .
LAWRENCE J. WARFIELD, as Receiver, Case No.: CV 03 -23 90-PHX-JAT
10
11 Judgment Creditor,
WRIT OF GARNISHMENT AND
12 vs_ SUMMONS
13 MICHAEL ALANIZ; RoBERr CARROLL, et (N°“`E“"“i“gs)
14 al.,
15 Judgment Debtors,
I6 LINCOLN BENEFIT LIFE COMPANY, V
17 Gamishee.
18
19 TO: THE STATE OF ARIZONA TO THE SHERIFF, CONSTABLE OR AN
20 OTHER OFFICER OF AN ARIZONA COUNTY, WHO IS AUTHORIZED BY LAW T
21 SERVEPROCESS: {
22 JUDGMENT CREDITOR'S CLAIM as of the date of the Writ is calculated as follows:
Judgment Amounts as to Robert Carroll
23 Principal: $37,000.00
24 Prejudgment interest: $12,360.00
Plus accruing interest on the unpaid principal at the Federal Judgment Rate of 5.05% pe
25 annum from February 28, 2007 until the date of the Writ (August 20, 2007) ($5.12 per day rate
, 173 days) in the amount of $885.76
Taxable Costs: $22,283.00 _
Plus accruing interest on Taxable Costs at the Federal Judgment Rate of 5.05% pe
annum from February 28, 2007 until the date of the Writ (August 20, 2007) ($3.08 per day rate
173 days) in the amount of $532.84
1
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I TOTAL AMOUNT DUE as of August 20, 2007 for which no payment has bee
2 made is $73,061.60.
3 THEREFORE, you are commanded to summon and appear before this Court th
4 gamishee whose name and address appears below: V
5 , Lincoln Benefit Life Company
*For Social Security Number contact Judgment Creditor’s Attorney
6 c/o Director of Insurance
_ 2910 North 44th Street
7 2"d Floor
8 Phoenix, Arizona 85018
9 THE JUDGMENT CREDITOR STATES AS FOLLOWS:
10 1. The Judgment Creditor has a Judgment against Robert Carroll, the above named
11 Judgment Debtor in the following amount:
12 2. The name and address of the gamishee and its authorized agent is as follows:
13 Lincoln Benefit Life Company
14 *For Social Security Number contact Judgment Creditor’s Attorney
c/o Director of Insurance
15 2910 North 44th Street
2"d Floor
16 _ Phoenix, Arizona 85018
17 3. The last known mailing address of the Judgment Debtor is:
18
Robert Carroll
19 ‘ 8041 Mickelson Way _
20 Hemet, California 92545
*For Social Security Number contact Judgment Creditor’s Attorney
21
22 4. The Judgment Debtor’s attomey is:
23 Burton M. Bentley
24 The Bentley Law Firm PC r
5343 North 16th Street, Suite 480
25 Phoenix, Arizona 85016
5. The judgment creditor's name and address is:
Lawrence J. Warfield, as Receiver ‘
and its attomeys' names and addresses are:
Case 2:03-cv-02390-JAT Document 743-9 Filed O8/21/2007 Page 2 of 4 A

1 Michael Zdancewicz, P.L.L.C.
2 3550 North Central Avenue, Suite 710
Phoenix, Arizona 85012
3 Patrick M. Murphy
4 Guttilla Murphy Anderson, P.C.
. 5 4150 West Northern Avenue
Phoenix AZ 85051-5787
6 TO THE ABOVE—NAMED GARNISHEE: .
7 GARNISHEE SHALL answer in writing, under oath, within ten (10) days after th
8 service of the writ of garnishment upon you, ALL of the following questions:
9 l. Whether the Garnishee was indebted to or otherwise in possession of monies o
ii the Judgment Debtor at the time the writ was served.
12 2. The total amount of indebtedness or monies in possession of the gamishee at th
13 time the writ was served.
14 3. The amount of indebtedness or monies withheld by the garnishee pursuant to th
15 writ.
16 4. The amount of indebtedness or monies not withheld by the garnishee, and th
17 reason for not withholding.
18 5. Whether the garnishee was in possession of personal property of the Judgmen
19 Debtor at the time the writ was served.
20 6. A description of each item, or group of items, of personal property of th
21 Judgment Debtor in the gamishee's possession at the time the writ was served.
22 7. A list of the personal property withheld by the garnishee pursuant to the writ.
23 8. What other person or entity, within his knowledge, is indebted to the Judgmen
24 Debtor or in possession of personal property of the Judgment Debtor. 1
25 9. Whether the garnishee is a corporation in which the judgment debtor owns share
of stock or some other interest.
l0. A statement of the nu1nber and type of shares owned by the Judgment Debtor an
3
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1 description of any other interests the Judgment Debtor own in the garnishee corporation as of th
j date the writ was served, as shown on the corporation's records. A
4 11. The name, address and telephone number of the gamishee.
5 12. The date and manner of delivery of a copy of the writ and the notice to th
6 Judgment Debtor.
7 13. The date and manner of delivery of a copy of the answer to the Judgment Debto
8 and Judgment Creditor. I
9 FROM AND AFTER SERVICE of the writ of garnishment, the garnishee shall not pay t
10 the Judgment Debtor any debt which is not exempt, nor turn over any nonexempt persona
11 property, stock or any other interest the Judgment Debtor own inthe garnishee corporation to th
12 Judgment Debtor. I
13 SUMMONS
14 In obedience to the attached and foregoing writ of garnishment, I DO HEREB
15 SUMMON AND REQUIRE YOU TO APPEAR AND ANSWER the foregoing writ and in th
16 manner prescribed by law within the times prescribed in said writ. You are hereby notified tha
17 in case you fail to so answer, the court may issue an order requiring, you to appear in perso
18 before it to answer the writ or to tile and serve, at least five (5) days before the appearance date
;; a copy of the answer on the party for whom the writ has been issued, or on his attorney if th
21 party is represented by counsel. If you fail to appear or to file and serve the answer as specific
22 in the order, judgment by default may be rendered against you for the full amount of th
23 judgment debtor's balance owed to the judgment creditor and not merely for the amount you ma
24 owe to the judgment debtor, and that such judgment may be so rendered in addition to any othe
25 matters which may be adjudged against you as prescribed by law. I
SIGNED AND SEALED this date: ii`_ cp
CLERK OF THE COURT
BY
Depu lerk
-
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