Opinion
5:21-mc-23-JSM-PRL
02-14-2024
NATIONWIDE JUDGMENT RECOVERY, INC., Plaintiff, v. TODD DISNER, TRUDY GILMOND, TRUDY GILMOND, LLC, JERRY NAPIER, DARREN MILLER, RHONDA GATES, DAVID SORRELLS, INNOVATION MARKETING, LLC, AARON ANDREWS, SHARA ANDREWS, GLOBAL INTERNET FORMULA, INC., T. LEMONT SILVER, KAREN SILVER, MICHAEL VAN LEEUWEN, DURANT BROCKETT, DAVID KETTNER, MARY KETTNER, P.A.W.S. CAPITAL MANAGEMENT, LLC, LORI JEAN WEBER and ZEEKREWARDS.COM, Defendants.
ORDER
PHILIP R. LAMMENS UNITED STATES MAGISTRATE JUDGE
This matter is before the Court on the motion of Nationwide Judgment Recovery, Inc., for issuance of a writ of garnishment as to Campus USA Credit Union (“the Garnishee”). (Doc. 36). On August 14, 2017, Plaintiff obtained a judgment in the United States District Court for the Western District of North Carolina against each member of a Defendant class, including Defendant Hector Rodriguez in the amount of $21,645.68. (Doc. 1).
On September 17, 2021, Plaintiff registered the judgment with this Court. (Doc. 1). There remains due and owing $21,645.68, with post-judgment interest accruing since entry, bringing the current balance owed to $24,124.32. Now, Plaintiff moves for the writ of garnishment and suggests that the Garnishee may have in its possession and control certain monies or property belonging to Defendant Hector Rodriguez sufficient to satisfy the judgment in whole or in part. Pursuant to Fed.R.Civ.P. 69, the Court must follow state law regarding garnishment procedures. See Fed.R.Civ.P. 69. Chapter 77 of the Florida Statutes prescribes the procedure for issuance and enforcement of writs of garnishment.
Accordingly, upon due consideration, Plaintiff's motion for issuance of writ of garnishment (Doc. 36) is GRANTED, and the Clerk is directed to issue the Writ of Garnishment (including the Notice and Claim of Exemption) attached to the motion. (Doc. 36-1). Plaintiff must fully comply with all notice requirements of §77.041, Florida Statutes.
DONE and ORDERED.