Free Writ of Garnishment - District Court of Arizona - Arizona

1 E1izabeth 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
4 602-382—6378
Attorneys for Defendants
5 DriveTin1e Corporation and Ernie Garcia
6
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
8
9 Janet Rose Roth, No. CV—03-0839-PHX-SRB
10 Plaintiff/Judgment Debtor, WRIT OF GARNISHMENT
H 11 v. (NON-EARNINGS)
QE) 12 DriveTime Corporation and Emie
E §§§§ Garcia CEO et al (Ugly Duckling),
SET Ea 13
j $25 “' § Defendants/Judgment Creditors,
1 %• 1 5‘;_g2 14
¢,;·.
CO {im 15 Bank of America, N.A., a national
O banking association,
16
Garnishee.
17
18
19 THE STATE OF ARIZONA e
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 TINIE SPECIFIED.
25
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Case 2:03-cv-00839-SRB Document 195 Filed O1/20/2006 Paget of4

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2 1. The name and address of the Garnishee or its authorized agent is;
3 Bank of America, N.A.
201 East Washington
4 Phoenix, Arizona 85004
5
6 2. _The name and address of the Judgment Creditors, DriveTime Corporation
7 and Ernie Garcia CEO et al (Ugly Duckling) and its attorney is:
I I Is1i;ab§taIA.IIIPéiQr§eii II I I I iiiinliii I I II I I II I I III I I I
8 Robert G. Vaught
Snell & Wilmer
9 One Arizona Center
Phoenix, AZ 85004 `
10 Attorneys for Plaintiff
fg H 3. The outstanding balance due on the Judgment against Janet Rose Roth as 0
12 this date is for Defendant’s attorneys’ fees in amount of $47,322.60 plus accrued and
13 accruing interest thereon at the rate of 10% per annum from July 15, 2005 until paid in
:1 Egg? 14
2 I E full.
16 4. The last mailing address of the Judgment Debtor known to the Judgment
17 Creditors is:
18
Janet Rose Roth
19 1538 Palmdale Drive
Tempe, Arizona 85282
20
21 GARNISHEE SHALL ANSWER WITHIN TEN (10) DAYS, EXCLUSIVE OF THE
DATEWOF SERVICE, ACCORDING TO THE INSTRUCTIONS SERVED
22 HERE TH
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1767767.1
Case 2:03-cv-00839-SRB Document 195 2 “ Filed O1/20/2006 Page 2 of 4

1 Garnishee shall answer in writing under oath the foilowin :
S
2 1. Whether the Garnishee was indebted to or otherwise in (possession of
monies of the Judgment Debtor at the time the Writ was serve ;
3
2. The total amount of indebtedness or monies in possession of the Garnishee
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;
6
4. The amotmt of indebtedness or monies not withheld by the Garnishee, and
- .... 7 . .... . - ribs reasca 1’¤rns·.t.rrit1i1i<;21s1ins;___ _ _ . i tttt t tttt t _ __ __ __ __ _____ __
3 5. `Whether the Garnishee was in wpossession of personal property of the
Judgment Debtor at the time the rit was served;
9
6. A description of each item, or glroup of items, of personal property of the
10 Judgment Debtor in the Garnis ee’s possession at the time the Writ was
served;
11
. is 7. A list of the personal property withheld by the Garnishee pursuant to the
is | 12 was
13 8. What other person or entity, within his knowledge, is indebted to the
¤2$"s§;§·§ Judgment Debtor or in possession of personal property of the Judgment
% l $“§.;=’· 14 Debtor;
53 I 15 9. Whether the Garnishee is a corporation in which the Judgment Debtor own
9 shares of stock or some other interest;
16
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 of the 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
1767767.1 _
Case 2:03-cv-00839-SRB Document 195 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 attomeys’ fees incurred by Judgment Creditor. A.R.S. § 12-
7, 1583. _ __ _____ _ __ __ __ ____ __ I _ p p pppgppppppp p
8 SIGNED AND SEALED thi@ day of January, 2006.
9 CLERK OF THE COURT p
10 ‘ J rrl, ._,_
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