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DANIEL G. KNAUSS 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 9 DISTRICT OF ARIZONA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. United States of America, Plaintiff,
CV-03-1853-PHX-LOA
CLERK'S NOTICE OF POST JUDGMENT GARNISHMENT
Jeffery D. Montgomery,
Defendant, and
ESI Mail Pharmacy Service, Inc.,
Garnishee.
You are hereby notified that your earnings, up to 25% of your nonexempt earnings are being garnished in payment of your indebtedness to the United States, in CV03-1853-PHX-LOA, District of Arizona, in the sum of $15,689.58. A balance of $16,333.63 remains outstanding on this judgment. You are also notified that there are exemptions under the law which protect approximately 75% of your earnings. Your earnings are exempt except for the lesser of 25% per week of your wages or the amount in excess of 30 times the minimum wage. If you have any orders of alimony or child support against you, or if you have other prior garnishments against you, they take priority over this garnishment. If you think you are not being given the benefit of the above exemption, or other court orders or garnishments are not being given proper priority, you may ask the court for a hearing. If you want a hearing, you must notify the court within 20 days after receipt of the notice. Your request must be in writing. You must either mail it or deliver it in person to the Clerk of the United States District Court at 401 West Washington Street, Suite 130, SPC 1, Phoenix, Arizona 85003-2118. You must also send a copy of your request to the
Case 2:03-cv-01853-LOA
Document 26-3
Filed 08/20/2007
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United States Attorney, Financial Litigation Unit at 405 W. Congress Street, Suite 4900, Tucson, Arizona 85701-5041, so the Government will know you want a hearing. The hearing will take place within 10 days after the Clerk receives your request, if you ask for it to take place that quickly, or as soon after that as possible. At the hearing you may explain to the judge why you think you do not owe the money to the Government. If you do not request a hearing within 20 days of receiving this notice, approximately 25% will be withheld from your earnings and paid to the Government to be applied to your debt. If you think you live outside the Federal judicial district in which the court is located, you may request, not later than 20 days after you receive this notice, that this proceeding to take your earnings be transferred by the court to the Federal judicial district in which you reside. You must make your request in writing, and either mail it or deliver it in person to the Clerk of the Court at 401 West Washington Street, Suite 130, SPC 1, Phoenix, Arizona 85003-2118. You must also send a copy of your request to the Government at U.S. Attorney's Office, Financial Litigation Unit, 405 West Congress Street, Suite 4900, Tucson, Arizona 85701-5041, so the Government will know you want the proceeding to be transferred. If you have any questions about your rights or about this procedure, you should contact a lawyer, an office of public legal assistance, or the clerk of the court. The clerk is not permitted to give legal advice, but can refer you to other sources of information. Date: RICHARD H. WEARE Clerk, U.S. District Court District of Arizona
By:
Deputy Clerk
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Case 2:03-cv-01853-LOA
Document 26-3
Filed 08/20/2007
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