Free Application for Writ - District Court of Arizona - Arizona

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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 8 DISTRICT OF ARIZONA 9 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
WRIT OF CONTINUING GARNISHMENT

Jeffery D. Montgomery,
Defendant, and

ESI Mail Pharmacy Service, Inc.,
Garnishee.

GREETINGS TO: ESI Mail Pharmacy Service, Inc. An application for a Writ of Garnishment against the property of Jeffery D. Montgomery, defendant, has been filed with this Court. A judgment has been entered against the above-named defendant in the amount of $15,689.58 consisting of principal, costs and accruing interest. There is a balance due of $16,333.63 through August 14, 2007. You are required by law to answer in writing, under oath, within ten days, whether or not you have in your possession any non-exempt property of the defendant. Pending further order of this court, you shall withhold and retain on a continuing basis 25% of the defendant judgment debtor's non-exempt earnings, if any, as you

Case 2:03-cv-01853-LOA

Document 26-2

Filed 08/20/2007

Page 1 of 2

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determine in accordance with the Non-Exempt Earnings Statement form attached to the Answer of Garnishee form provided you. Please state whether or not you anticipate paying the debtor any future payments and whether such payments are weekly, bi-weekly, monthly, or otherwise. You must file the original written answer to this writ within ten days of your receipt of this writ with the United States District Clerk at: 401 West Washington Street, Suite 130, SPC 1, Phoenix, Arizona 85003-2118. Additionally, you are required by law to serve a copy of your answer upon the debtor at: 725 S. Beck Avenue #204, Tempe, Arizona 85281-3367, and upon the United States Attorney at Financial Litigation Unit, 405 W. Congress Street, Suite 4900, Tucson, Arizona 85701-5041. Under the law, there are disposable earnings which are exempt from this writ of Garnishment. Pursuant to 15 U.S.C. §1674, Garnishee is prohibited from discharging the defendant from employment by reason of the fact that his earnings have been subject to garnishment for any one indebtedness. If you fail to answer this writ or withhold property in accordance with this writ, the United States of America may petition the Court for an order requiring you to appear before the Court. If you fail to appear or do appear and fail to show good cause why you failed to comply with this writ, the Court may enter a judgment against you for the value of the debtor's non-exempt property. It is unlawful to pay or deliver to the defendant any item attached by this writ. 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 26-2 Filed 08/20/2007 Page 2 of 2