Opinion
CR-03-0151 VRW
05-02-2024
UNITED STATES OF AMERICA, Plaintiff, v. ERIC EDWARD PLATA, Defendant, TRANSAMERICA R
ISMAIL J. RAMSEY United States Attorney MICHELLE LO Chief, Civil Division SHINING J. HSU Assistant United States Attorney Attorneys for United States of America
ISMAIL J. RAMSEY United States Attorney MICHELLE LO Chief, Civil Division SHINING J. HSU Assistant United States Attorney Attorneys for United States of America
ORDER GRANTING APPLICATION FOR DISPOSITION ORDER ON WRIT OF CONTINUING GARNISHMENT (RETIREMENT ACCOUNT)
HONORABLE BETH LABSON FREEMAN UNITED STATES 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 Eric Edward Plata (hereinafter “Defendant”) is indebted to Plaintiff, United States of America, in the original amount of $120,200.00, arising out of an Amended
Judgment entered on October 21, 2003, in the United States District Court, Northern District of California in the above-captioned case. This debt is comprised of an assessment of $200 and restitution of $120,000.00. Dkt. No. 22 at ECF 6. Interest on the restitution accrues at 1.29% per annum. As of March 8, 2024, the balance due on Defendant's debt was $108,997.44. Additionally, the United States is entitled to a surcharge of ten percent (10%) of the amount of the balance pursuant to 28 U.S.C. § 3011(a) ($10,899.74). Thus, the total amount sought by this action was $119,897.18.
2. The Court issued its Writ of Continuing Garnishment, directed to the Garnishee, Transamerica Retirement Services, and the Writ was served on the Garnishee. Dkt. Nos. 39, 50; see Huang Decl., ¶ 6.
3. The Garnishee filed an Answer to the Writ indicating that as of the time of the service of the Writ, the Garnishee had custody, control or possession of property in which Defendant has an interest. See Dkt. No. 48.
4. On March 22, 2024, the Defendant was notified of his right to hearing and to object to the Garnishee's Answer. See Dkt. No. 46. The Defendant has neither requested a hearing nor filed an objection to the Garnishee's Answer, and the time to do so has expired. See 28 U.S.C. § 3205(c)(5).
Based on the foregoing, and for good cause shown, IT IS HEREBY ORDERED that the Garnishee, Transamerica Retirement Services, shall liquidate and pay to Plaintiff all of Defendant's interest in his accounts, until the judgment debt to Plaintiff is paid in full, or until the Garnishee no longer has possession, custody, or control of any property belonging to Defendant.
IT IS SO ORDERED.