Elawyers Elawyers
Ohio| Change

U.S. v. PICKLESIMER, DNCW3:00CR8-5. (2014)

Court: District Court, W.D. North Carolina Number: infdco20141202b58 Visitors: 9
Filed: Nov. 14, 2014
Latest Update: Nov. 14, 2014
Summary: WRIT OF CONTINUING GARNISHMENT DAVID S. CAYER, Magistrate Judge. GREETINGS TO: Asset Management & Consulting Services Attn: Payroll 2409-A Mall Drive North Charleston, South Carolina 29406 An Application for a Writ of Garnishment against property of Defendant Letita Lowe Picklesimer has been filed with this Court. A judgment has been entered against Defendant (Docket No. 237). The U.S. Clerk of Court current total of $8,371,235.75, computed through November 14, 2014, is due and owing. You, a
More

WRIT OF CONTINUING GARNISHMENT

DAVID S. CAYER, Magistrate Judge.

GREETINGS TO: Asset Management & Consulting Services Attn: Payroll 2409-A Mall Drive North Charleston, South Carolina 29406

An Application for a Writ of Garnishment against property of Defendant Letita Lowe Picklesimer has been filed with this Court. A judgment has been entered against Defendant (Docket No. 237). The U.S. Clerk of Court current total of $8,371,235.75, computed through November 14, 2014, is due and owing.

You, as Garnishee, are required by law to answer in writing, under oath, within ten (10) days of service of this Writ, whether or not you have in your custody, control or possession, any property, or funds owned by Defendant, including non-exempt, disposable earnings.

You must withhold and retain any property in which Defendant has a substantial non-exempt interest and for which you are or may become indebted to Defendant pending further order of the Court. This means that you should withhold twenty-five percent of Defendant's earnings which remain after all deductions required by law have been withheld and one hundred percent of all 1099 payments. See 15 U.S.C. § 1673(a).

Please state whether or not you anticipate paying Defendant any future payments and whether such payments are weekly, bi-weekly, monthly, annually or bi-annually.

You must file the original written Answer to this Writ within ten (10) days of your receipt of this Writ with the following office:

Clerk of the United States District Court 401 West Trade Street Charlotte, North Carolina 28202

Additionally, you are required by law to serve a copy of the Answer upon Defendant at his/her last known address:

Letita Lowe Picklesimer XXXXXX XXXXXXX, XX XXXXX

You are also required to serve a copy of the Answer upon Plaintiff at the following address:

Financial Litigation Unit United States Attorney's Office 227 West Trade St., Suite 1650 Charlotte, North Carolina 28202

Under the law, there is property which may be exempt from this Writ of Garnishment. Property which is exempt and which is not subject to this Order may be listed on the attached Claim for Exemption form.

Pursuant to 15 U.S.C. § 1674, as Garnishee, you are prohibited from discharging Defendant from employment by reason of the fact that her earnings have been subject to garnishment for any one indebtedness.

Pursuant to 28 U.S.C. § 3205(c)(6), if you fail to answer this Writ or withhold property or funds in accordance with this Writ, the United States of America may petition the Court for an order requiring you to appear before the Court to answer the Writ and to withhold property before the appearance date. If you fail to appear, or do appear and fail to show good cause why you failed to comply with this Writ, the Court shall enter a judgment against you for the value of Defendant's non-exempt interest in such property. The Court may award a reasonable attorney's fee to the United States and against you if the Writ is not answered within the time specified. It is unlawful to pay or deliver to Defendant any item attached by this Writ.

SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer