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 03-1631-PHX-ROS v. Merrie Sue D'Avis, Defendant, and Levy Restaurant, 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 May 18, 2006, a Judgment was entered against Defendant in U.S. District

Court, District of Arizona.

Case 2:03-cv-01631-ROS

Document 69

Filed 06/06/2008

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2.

On February 25, 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 Defendant's employer, the Garnishee,

on March 3, 2008. On March 5, 2008, a copy of the Writ, the Clerk's Notice of Post Judgment Garnishment, and Garnishment Instructions to Judgment Debtor were sent to Defendant by certified mail and by regular mail. The documents informed 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 Defendant with the information necessary for the Defendant to request a hearing. 4. 5. A Notice of Service was filed with the court on March 5, 2008. On or about May 12, 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 6th day of June, 2008. DIANE J. HUMETEWA UNITED STATES ATTORNEY DISTRICT OF ARIZONA s/ Elizabeth A. Wilson

25 26 ELIZABETH A. WILSON Assistant U.S. Attorney 2
Case 2:03-cv-01631-ROS Document 69 Filed 06/06/2008 Page 2 of 3

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Case 2:03-cv-01631-ROS Document 69 Filed 06/06/2008 Page 3 of 3

I hereby certify that on the 6th day of June, 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. Merrie Sue D'Avis, 18402 N. 19th Avenue, #236 Phoenix, Arizona 85023 Levy Restaurant 980 N. Michigan, Suite 400 Chicago, IL 60611 /s/ Susan Fulton