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U.S. v. EICK, DNCW304CR68. (2013)

Court: District Court, W.D. North Carolina Number: infdco20130802964 Visitors: 4
Filed: Aug. 01, 2013
Latest Update: Aug. 01, 2013
Summary: WRIT OF CONTINUING GARNISHMENT DAVID S. CAYER, Magistrate Judge. GREETINGS TO: B Square Enterprises Inc. 209 Silver Bluff Street Holly Springs, North Carolina 27540 Attn: Brett Watkins An Application for a Writ of Garnishment against the property of Amanda V. Eick, Defendant, has been filed with this Court (Docket No. 23). Judgment has been entered against Defendant (Docket No. 15). An amended judgment has been entered against Defendant (Docket No. 21). The United States Clerk of Court current
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WRIT OF CONTINUING GARNISHMENT

DAVID S. CAYER, Magistrate Judge.

GREETINGS TO: B Square Enterprises Inc. 209 Silver Bluff Street Holly Springs, North Carolina 27540 Attn: Brett Watkins

An Application for a Writ of Garnishment against the property of Amanda V. Eick, Defendant, has been filed with this Court (Docket No. 23). Judgment has been entered against Defendant (Docket No. 15). An amended judgment has been entered against Defendant (Docket No. 21). The United States Clerk of Court current balance of $1,527,367.98, computed through August 1, 2013, 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 her last known address:

Amanda V. Eick XXXXXXXXXXXXXX Raleigh, North Carolina 27615

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

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

Under the law, there is property which is 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, you, the Garnishee, 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

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