Opinion
5:21-mc-25-JSM-PRL
01-04-2022
MATTHEW E. ORSO and NATIONWIDE JUDGMENT RECOVERY, INC., Plaintiffs, v. TODD DISNER et al., Defendants.
ORDER
PHILIP R. LAMMENS, United States Magistrate Judge.
This matter is before the Court on the motions of Plaintiff, Nationwide Judgment Recovery Inc. as assignee of Matthew Orso, as successor trustee to Kenneth D. Bell in his capacity as court-appointed receiver for Rex Venture Group, LLC, for issuance of writs of garnishment as to Bank of America, N.A. (Doc. 2) and Citi Bank, N.A. (“Garnishees.”) (Doc. 3).
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 Jiayun Beres in the amount of $14, 481.25. (Doc. 1).On September 17, 2021, Plaintiff registered the judgment with this Court. (Doc. 1). There remains due and owing $14, 481.25.00, plus post-judgment interest. Now, Plaintiff moves for the writs of garnishment and suggests that each Garnishee may have in its possession and control certain monies or property belonging to Defendant Jiayun Beres sufficient to satisfy the judgment in whole or in part. Pursuant to Fed.R.Civ.P. 69, the Court must follow state law regarding 1 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, Plaintiffs motions for issuance of writ of garnishment (Docs. 2 & 3) are GRANTED, and the Clerk is directed to issue the Writs of Garnishment (including the Notice and Claim of Exemption) attached to each motion. (Docs. 2-1, 3-1). Plaintiff must fully comply with all notice requirements of §77.041, Florida Statutes.
DONE and ORDERED. 2