MALDONADO-RODRIGUEZ v. COOPERATIVA DE AHORRO Y CREDITO NUESTRA

Full title: TOMAS MALDONADO-RODRIGUEZ, and his wife MYRNA I. LOPEZ-COLLAZO, both…

Court: United States District Court, D. Puerto Rico

Date published: Jul 12, 2005

Civil 02-2723CCC (D.P.R. Jul. 12, 2005)

Opinion

Civil 02-2723CCC.

July 12, 2005.

ORDER OF EXECUTION

CARMEN CEREZO, District Judge

The court has before it defendants' Motion for Writ of Execution filed May 12^th, 2005 ( docket entry 112) for the execution of the taxation of costs in the amount of $4,710.30 in their favor entered by this Court on April 6^th, 2005 ( docket entry 111). Defendant's motion that plaintiffs failed to pay defendants the sum of money adjudged to be paid under said judgment. The motion remains unopposed.

More than ten days have elapsed since the entry of the taxation and plaintiffs have failed to pay the money due.

It is therefore ORDERED that the United States Marshal, proceed forthwith and garnish plaintiff's wages and/or sell at public auction to the highest bidder, plaintiff's private property up to the taxed amount, $4,710.30. Said sale shall be performed in the manner and form herein further provided:

(a) Said public sale shall be had at the office of the Clerk of Court, or the United States Marshal for this District.

(b) Notices of sale shall be published by the United States Marshal once a week for at least four weeks prior to the date of the sale, in a newspaper printed regularly and having a general circulation on the island of Puerto Rico.

(c) The United States Marshal at the sale shall not accept in payment of the property to be sold anything but United States currency or certified checks, except in case the property be sold and adjudicated to the Defendants, in which case the amount of the bid made by Defendants shall be credited and deducted from its mortgage credit; the Defendant bound to pay in cash or certified check only any excess of its bid over the secured indebtedness then remaining unsatisfied.

(d) The United States Marshal, either personally or by some person designated by him to act in his name and by his authority, adjourn the sale from time to time without further publication.

(e) Upon the confirmation of the sale by this Court, the United States Marshal or Special Master shall execute and deliver a deed of conveyance of the property sold to the purchaser thereof.

SO ORDERED.