Filed: Sep. 18, 2014
Latest Update: Sep. 18, 2014
Summary: AMENDED MOTION FOR SUPPLEMENTARY PROCEEDINGS (EXAMINATION OF JUDGEMENT DEBTOR) CAM FERENBACH, District Judge. The United States of America, by and through Daniel G. Bogden, United States Attorney, and Brian Pugh, Assistant United States Attorney, moves this Honorable Court for an order requiring defendant, Hope Graham, to appear before a United States Magistrate Judge at a time and place to be set by the court for examination supplementary to judgment pursuant to Rule 69 of Fed. R. Civ. P. and
Summary: AMENDED MOTION FOR SUPPLEMENTARY PROCEEDINGS (EXAMINATION OF JUDGEMENT DEBTOR) CAM FERENBACH, District Judge. The United States of America, by and through Daniel G. Bogden, United States Attorney, and Brian Pugh, Assistant United States Attorney, moves this Honorable Court for an order requiring defendant, Hope Graham, to appear before a United States Magistrate Judge at a time and place to be set by the court for examination supplementary to judgment pursuant to Rule 69 of Fed. R. Civ. P. and ..
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AMENDED MOTION FOR SUPPLEMENTARY PROCEEDINGS (EXAMINATION OF JUDGEMENT DEBTOR)
CAM FERENBACH, District Judge.
The United States of America, by and through Daniel G. Bogden, United States Attorney, and Brian Pugh, Assistant United States Attorney, moves this Honorable Court for an order requiring defendant, Hope Graham, to appear before a United States Magistrate Judge at a time and place to be set by the court for examination supplementary to judgment pursuant to Rule 69 of Fed. R. Civ. P. and N.R.S. 21.270.
POINTS AND AUTHORITIES
The Federal Debt Collection Procedure Act (`FDCPA') is "the exclusive civil procedures for the United States ... to recover a judgment on a debt." 28 U.S.C. § 3001(a) (1). A debt is an amount owed "to the United States on account of ...[an]other source of indebtedness to the United States...." 28 U.S.C. § 3002(3)(B). A judgment is "a judgment ... entered in favor of the United States in a court and arising from a ... criminal proceeding...." 28 U.S.C. § 3002(8). A criminal money judgment against a defendant is a judgment entered as a debt in favor of the Government. See 28 U.S.C. § § 3001(a) (1), 3002(3)(B) and (8), 3201, and 3202(a). The creation, duration and renewal of judgment liens are part of Subchapter C. See 28 U.S.C. § § 3201 and 3202(a). Since judgments include criminal money judgments, the judgment lien is good for 20 years and can be renewed for another 20 years. See 28 U.S.C. § § 3002(8), 3201, and 3202(a).
Defendant's debt is a judgment upon which the United States can collect and use any and all remedies identified in the FDCPA, including discovery as to the debtor's financial condition. See 28 U.S.C. § 3015.
CONCLUSION
Wherefore, the United States respectfully requests that this Court order a judgment debtor examination of the defendant.
This motion is based upon the attached Declaration and the pleadings and papers on file herein.
ORDER FOR SUPPLEMENTARY PROCEEDINGS OF JUDGMENT DEBTOR EXAMINATION
On plaintiff's motion and good cause appearing, the defendant, Hope Graham, is hereby Ordered to appear before the United States Magistrate in courtroom _____, Lloyd D. George Federal Courthouse, 333 Las Vegas Boulevard South, Las Vegas, Nevada 89101, on the ______ day of ________________, 2014 at _____________, to then and there answer upon oath concerning the property of the defendant and for such other proceedings as there may occur consistent with proceedings supplementary to execution.
It is further ordered that you, the defendant, bring to the hearing the following:
1. Your three most recent federal income tax returns with their attachments.
2. Copies of all personal and business financial statements concerning checking and savings accounts for the past twelve months.
3. A copy of the titles to all you and your spouses' vehicles, automobiles, boats, aircraft, etc
4. Copies of your earnings statements (i.e. paychecks) for the past twelve months.
5. Copies of your bills for the past twelve months to verify statements on the financial form.
It is further ordered that a copy of this order shall be served upon the defendant by the United States Marshall or private process service at least _________ calendar days before the hearing scheduled herein.
Failure to appear may subject you, the defendant, to punishment for contempt of court.
