Free Application for Writ - District Court of Arizona - Arizona

1 MICHAEL ZDANCEWICZ, P.L.L.C..
2 3550 North Central Avenue, Suite 710
Phoenix, Arizona 85012
3 Phone (602) 266-1327 J
Facsimile (602) 265-4391 f
4 Michael Zdancewicz (#12426)
5 Michae1@,mzpl1c.co1n
Attorneys for Judgment Creditor
6 1
UNITED STATES DISTRICT COURT 1
7 3
8 DISTRICT OP ARIZONA
9
LAWRENCE J. WARE IELD, as Receiver, Case No .: CV 03-2390-PI-IX-JAT
10
Judgment Creditor, APPLICATION FOR WRIT 1
U OF GARNISHMENT 2
12 VS1- _ .
(Earnings) j
13 MICHAEL ALANIZ; ROBERT CARROLL; et
14 al.,
15 Judgment Debtor s,
16 ING USA ANNUITY LIFE AND
17 INSURANCE CO.,
jg Garnishee.
jg I am the attorney for the Judgment Creditor in this action and I make this application
20 for issuance ofa Writ of Garnishment, stating the following:
21 1 . The .Judgment Creditor is a party in an action to whom a money judgment has P
22 been awarded. A
23 2.. The Judgment Creditor has made demand on Robert Carroll (hereafter the
24 "Judgment Debtor") for the payment ofthe amount adjudged due, but the Judgment Debtor
25 has not paid that amount and Judgment Debtor has not agreed and continued to pay the non- 1
exempt portion ofhis wages until the Judgment is satisfied.
3 . Judgment Debtor owes at least: i
I
Case 2:03-cv-02390-JAT Document 721 Filed 08/20/2007 Page 1 of 2

I Judgment Amounts as to Robert Carroll
2 Principal: $37,000..00
Prejudgment interest: $12,360.00
3 Plus accruing interest on the unpaid principal at the Federal Judgment Rate of 5 .05%
per annum from February 28, 2007 until the date ofthe Writ (August 20, 2007) ($5..12 per day
4 rate x 173 days) in the amount of $885.76
Taxable Costs: $22,283.00
5 Plus accruing interest on Taxable Costs at the Federal Judgment Rate of 5.05% per
6 annum tiom February 28, 2007 until the date of the Writ (August 20, 2007) ($3.08 per day
rate x 173 days) in the amount of $532 84
7 TOTAL AMOUNT DUE as of August 20, 2007 for which no payment has been
8 made is $73,061.60.
9 4. That the Garnishee is believed to be an employer ofthe Judgment Debtor or
10 otherwise owes or will owe to the Judgment Debtor disposable earnings.
ll 5. That Judgment Creditor has not received notice of the Judgment Debtor’s `
12 intent to enter into an agreement for debt scheduling with a qualified consumer credit
1;; counseling service or, if such notice has been received, that he timely objected in writing, to
14 the .Judgment Debtor/’s participation in such an agreement or that he has been notified that the
15 agreement is no longer effective.
16 THEREP ORE, I request that a Writ of Garnishment be issued.
17 Dated this day of { Q , 200g
18 Mrcrrnnrigawcnwrcz, P .c.
19 @2/
20 /s/ Michael Zdancewic #12426) 7
Michael Zdancewicz .
21 .3550 North Central Avenue, Suite 710
22 Phoenix, Arizona 85012 j
24
25
Y
Case 2:03-cv-02390-JAT Document 721 Filed 08/20/2007 Page 2 of 2

Case 2:03-cv-02390-JAT

Document 721

Filed 08/20/2007

Page 1 of 2

Case 2:03-cv-02390-JAT

Document 721

Filed 08/20/2007

Page 2 of 2