Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

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DIANE J. HUMETEWA United States Attorney District of Arizona ELIZABETH A. WILSON Assistant U.S. Attorney Arizona State Bar No. 017087 Financial Litigation Unit 405 W. Congress, #4900 Tucson, Arizona 85701-5041 Telephone: (520)620-7300 [email protected] Attorney for Plaintiff

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, CV 03-1853-PHX-LOA v. Jeffery D. Montgomery, Defendant, and ESI Mail Pharmacy Service, Inc., Garnishee. MOTION FOR ENTRY OF GARNISHMENT DISPOSITION ORDER

The United States of America, by and through the undersigned Assistant United States Attorney, hereby files this Motion for Entry of Garnishment Disposition Order and in support thereof states as follows: 1. On March 12, 2004, a Judgment was entered against Defendant in U.S. District

Court, District of Arizona. 2. On January 8, 2008, the United States filed an Application for Writ of

Garnishment pursuant to 28 U.S.C. § 3205(c). On the same day, a Writ of Garnishment was forwarded to the Clerk of the Court for issuance. 3. The Writ of Garnishment was served on the Defendant's employer, the

Garnishee, on January 11, 2008. On January 15, 2008, a copy of the Writ, the Clerk's Notice

Case 2:03-cv-01853-LOA

Document 36

Filed 03/05/2008

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of Post Judgment Garnishment, and Garnishment Instructions to Judgment Debtor were sent to Defendant by certified mail and by regular mail. The documents informed the Defendant that if he objected to the garnishment, a hearing must be requested with the court, in writing, within twenty days of receipt of the Notice. The documents also provided the Defendant with the information necessary for the Defendant to request a hearing. 4. The Defendant did not sign for the certified mail; however, the documents

served by regular mail were not returned by the post office as undeliverable. 5. On or about January 25, 2008, the Garnishee returned to the United States an

Acknowledgment of Service pursuant to Rule 4(e)(1) Fed.R.Civ.P. and also filed an answer with the Court. 6. Defendant has not requested a hearing on the garnishment.

Wherefore, the United States respectfully requests that this Court enter a Garnishment Disposition Order directing the Garnishee to pay the withholdings currently held by the Garnishee pursuant to the Writ of Garnishment and to continue withholding and pay to the United States 25% of Defendant's non-exempt earnings until the judgment is paid in full or until the garnishee is no longer in possession of non-exempt earnings of the Defendant. DATED this 5th day of March, 2008. DIANE J. HUMETEWA UNITED STATES ATTORNEY DISTRICT OF ARIZONA s/ Elizabeth A. Wilson ELIZABETH A. WILSON Assistant U.S. Attorney

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I hereby certify that on the 5th day of March, 2008, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing and I served the attached document by mail on the following, who are not registered participants of the CM/ECF system. Jeffery D. Montgomery, 725 S. Beck Avenue #204 Tempe, Arizona 85281-3367 ESI Mail Pharmacy Service, Inc. c/o Express Scripts, Inc. Attn: Payroll/Garnishments 6625 W. 78th Street Bloomington, MN 55439 /s/ Valerie Hillmar

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