Free Writ of Garnishment - District Court of Arizona - Arizona

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1 Elizabeth A. Petersen (#018377)
Robert G. Vaught (#020717)
2 SNELL & WILMER L.L.P.
One Arizona Center
3 400 East Van Buren
Phoenix, AZ 85004-2202
4 602-3 82-6378
Attorneys for Defendants
5 DriveTime Corporation and Ernie Garcia
6
IN THE UNITED STATES DISTRICT COURT
A AAAA A7A A AAAA A--AA-A--A A- AAAA AAAAAA - M -- .... _--.-s.......l,.. M .- ,
FOR THE DISTRICT OF ARIZONA
8
9 Janet Rose Roth, No. CV-03-0839-PI-IX-SRB
10 Plaintiff/Judgment Debtor, WRIT OF GARNISHMENT
H 11 v. (NON-EARNINGS)
I E ` 12 I)riveTime Corporation and Emie
§‘§§§ Garcia CEO et al (Ugly Duckling),
at E`.? 13
l $6 A § Defendants/Judgment Creditors,
= I jigs 14
VJ QE 15 Wells Fargo, N.A., a national banking
O association,
16 _ A
Garnishee.
17
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19 THE STATE OF ARIZONA
20 TO: THE SHERIFF, CONSTABLE OR ANY OTHER OFFICER OF
MARICOPA COUNTY, WHO IS AUTHORIZED BY LAW TO SERVE
21 PROCESS:
22 YOU ARE COMMANDED TO IMMEDIATELY SUMMON THE GARNISHEE
23 TO APPEAR BEFORE THE ABOVE-ENTITLED COURT TO ANSWER THIS
24 WRIT OF GARNISHMENT WITHIN THE TIME SPECIFIED.
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Céi’é‘é°2‘:O3—cv-00839-SRB Document 198 Filed O1/20/2006 Page 1 of 4

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2 1. The name and address ofthe Garnishee or its authorized agent is:
3 Wells Fargo Arizona, N.A.
100 W. Washington
4 Phoenix, Arizona 85003
5 2. The name and address of the Judgment Creditors, DriveTime Corporation
6 and Ernie Garcia CEO et al (Ugly Duckling) and its attorney is:
7 Elijgabeth Pefrsen
r r rr’ ··~Ro re aug t——1·rr ~—·- —— — —
8 Snell & Wilmer
One Arizona Center
9 Phoenix, AZ 85004
Attorneys for Plaintiff
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3. The outstanding balance due on the Judgment against Janet Rose Roth as of
11
Q this date is for Defendant’s attorneys’ fees in amount of $47,322.60 plus accrued and
S3 12
E i accruing interest thereon at the rate of 10% per annum from July 15, 2005 until paid in
satis 13
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A U3 g I5 4. The last mailing address of the Judgment Debtor known to the Judgment
16
A Creditors is: 6
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Janet Rose Roth
18 1538 Palmdale Drive
19 Tempe, Arizona 85282
20 GARNISHEE SHALL ANSWER WITHIN TEN (10) DAYS, EXCLUSIVE OF THE
DATE OF SERVICE, ACCORDING TO THE INSTRUCTIONS SERVED
21 HEREWITH
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1774307.1
Case 2:03-cv-00839-SRB Document 198* 2 * Filed O1/20/2006 Page 2 of 4

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1 Garnishee shall answer in writing under oath the following:
2 1. Whether the Garnishee was indebted to or otherwise in (possession of
monies ofthe Judgment Debtor at the time the Writ was serve ;
3
2. The total amount of indebtedness or monies in possession of the Gamishee
4 at the time the Writ was served;
5 3. The total amount of indebtedness or monies withheld by the Garnishee
pursuant to the Writ;
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4. The amount of indebtedness or monies not withheld by the Garnishee, and
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3 5. Whether the Garnishee was in vpossession of personal property of the
Judgment Debtor at the time the rit was served;
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6. A description of each item, or group of items, of personal property of the
10 Judgment Debtor in the Garnis ee’s possession at the time the Writ was
served;
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E1 ég 7. A l_ist of the personal property withheld by the Garnishee pursuant to the
5. 1 12 Wm;
13 8. What other person or entity, within his knowledge, is indebted to the
eitdsate Judgment Debtor or in possession of ersonal ro erty of the Jud ment
as P P P S
$6 I $“§.g£ 14 Debtor;
cg 15 9. Whether the Garnishee is a corporation in which the Judgment Debtor own
O shares of stock or some other interest;
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10. A statement of the number and types of shares owned by the Judgment
17 Debtor and a description of any other interest the Judgment Debtor own in
the Garnishee corporation as of the date the Writ was served, as shown on
18 the corporation’s records;
19 11. The name, address and telephone number of the Garnishee;
20 12. The date and manner of delivery of a copy of the Writ and the Notice to
Judgment Debtor to the Judgment Debtor;
21
13. The date and manner of delivery of a copy ofthe Answer to the Judgment
22 Creditor and Judgment Debtor.
23
SUMMONS
24
25 In obedience of the foregoing Writ of Garnishment, I DO HEREBY SUMMON
26 AND REQUIRE YOU TO APPEAR and answer the foregoing Writ in the manner
1774307.1
Case 2:03-cv-00839-SRB Document 198- 3 — Filed O1/20/2006 Page 3 of 4

1 prescribed by law within the time prescribed in said Writ, and you are hereby notified that
2 in case you fail to so answer, the Court may issue an order requiring you to appear before
3 the Court at a time and place specified in order to answer the Writ. In the event you fail to
4 appear after service of the order requiring you to appear, in person, judgment by default
5 may be entered against you for the full amount of the Judgment against the Judgment
6 Debtor, plus an award for attorneys’ fees incurred by Judgment Creditor. A.R.S. § 12-
. . J§.8.;*L-..--.-. --... ,... - _,--_____
8 SIGNED AND SEALED thi@day of January, 2006.
9 CLERK OF THE COURT
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Case 2:03-cv-00839-SRB

Document 198

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Document 198

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Case 2:03-cv-00839-SRB

Document 198

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