MOTION FOR SUPPLEMENTARY PROCEEDINGS (EXAMINATION OF JUDGEMENT DEBTOR)

CAM FERENBACH, Magistrate 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, Ferdinand Bungay, 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.