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U.S. v. LEE, CR 15-00233 MMC. (2016)

Court: District Court, N.D. California Number: infdco20160825960 Visitors: 20
Filed: Aug. 24, 2016
Latest Update: Aug. 24, 2016
Summary: [PROPOSED] DISPOSITION ORDER (WRIT OF CONTINUING GARNISHMENT) MAXINE M. CHESNEY , Senior District Judge . The United States has filed its Application for Disposition Order (Writ of Continuing Garnishment). The Court finds that: 1. Judgment debtor and defendant Franklin Lee (hereinafter "Defendant") is indebted to plaintiff United States of America for restitution in the original amount of $36,200.00 (consisting of $36,200.00 in restitution and a $200.00 special assessment) in the above-c
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[PROPOSED] DISPOSITION ORDER (WRIT OF CONTINUING GARNISHMENT)

The United States has filed its Application for Disposition Order (Writ of Continuing Garnishment).

The Court finds that:

1. Judgment debtor and defendant Franklin Lee (hereinafter "Defendant") is indebted to plaintiff United States of America for restitution in the original amount of $36,200.00 (consisting of $36,200.00 in restitution and a $200.00 special assessment) in the above-captioned case. As of August 19, 2016, the total balance due on the judgment debt was $36,348.66. Interest accrues at the rate of.66%.

2. The Clerk of Court issued its Writs of Continuing Garnishment, directed to Garnishees Raymond James and Financial Services, Inc., VOYA Life Insurance and Annuity Company and Oppenheimer Funds Services, and the Writs were Writs was served on the Garnishees.

3. The Garnishees filed Answers to the Writs Writ indicating that at the time of the service of the Writs Writ, the Garnishees had in their possession, custody, or control property in which the Defendant has a substantial nonexempt interest.

4. On July 13, 2016, the Defendant was notified of the Defendant's right to a hearing and to having been "serve[d] a copy" of the Garnishees' Answers (see Dkt. Nos. 46, 48, and 49), object to the Garnishees' Answers. The Defendant has neither requested a hearing nor filed an objection

to the Garnishees' Answers, and the time to do so has expired. See 28 U.S.C. § 3205(c)(5) (providing, "[w]ithin 20 days after receipt of [Garnishees'] answer[s], the judgment debtor . . . may file a written objection to the answer[s] and request a hearing").

Based on the foregoing, and for good cause shown, IT IS HEREBY ORDERED that the Garnishees pay to Plaintiff, all of the Defendant's interest in the named accounts up to the amount owing on his judgment debt, which is currently $36,348.66.

IT IS SO ORDERED.

Source:  Leagle

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