Opinion
5:21-cv-343-BJD-PRL
05-08-2024
FEDERAL TRADE COMMISSION Plaintiff, v. FRANK ROMERO Defendant.
ORDER
PHILIP R. LAMMENS UNITED STATES MAGISTRATE JUDGE
On April 30, 2024, Defendant Frank Romero requested a hearing on claims of exemption as to writs of garnishment previously issued by this Court to PayPal, Inc. and Electronic Merchant Systems (“EMS”). (Docs. 83, 84). For both PayPal and EMS, Romero asserts that “[t]he property in the possession, custody or control of garnishee . . . are interests of both my wife (Patricia Martinez) and I”; and that they are wages that should be exempt because: (1) Patricia Martinez is not the debtor; and (2) Romero is head of household and provides more than 50% of the support for their child.
The Court granted Defendant's request and set a hearing on May 14, 2024 “to determine the validity of Defendant's claimed exemptions.” (Doc. 85 at 1). Now, Plaintiff, requests permission to present evidence about Defendant's claimed exemptions at the hearing. (Doc. 86). Upon due consideration, Plaintiff's motion (Doc. 86) is GRANTED. The FTC may present evidence as set forth in the motion.
DONE AND ORDERED