Opinion
Case No. 08-13084.
March 5, 2009
SACHS WALDMAN, P.C., AMY BACHELDER (P26401), Counsel for the Cement Masons, Fringe Benefit Funds, Detroit, Michigan.
HOLLY CEMENT COMPANY, LAURA IACONELLI DIERDORF, Its: Secretary, Farmington Hills.
CONSENT ORDER REGARDING DISPOSITION OF GARNISHMENT PROCEEDS
The parties hereto state as follows:
1. This Court issued a writ of garnishment on January 29, 2009, against garnishee-defendant Huntington Banks of Michigan (document 25), in the amount of $13,622.14.
2. After the garnishment was issued, but before the garnishment was served on Huntington Banks of Michigan, defendant Holly Cement remitted a payment to be applied against the judgment debt.
3. The writ of garnishment attached the $13,622.14 in the account of defendant Holly Cement Company ("Garnished Funds"). (See document 36.)
4. After taking into account the payment received by plaintiffs after the garnishment was issued and another payment made by defendant prior to entry of judgment, the current amount due on the judgment entered on August 21, 2008, including post-judgment interest, $6,626.36.
NOW THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS:
The $13,622.14 in Garnished Funds currently held by garnishee-defendant Huntington Banks of Michigan and subject to the writ of garnishment issued against garnishee-defendant Huntington Banks shall immediately be disbursed. The judgment balance, $6,626.36, shall be disbursed to plaintiffs, the Cement Masons Fringe Benefit Funds, c/o Erman, Teicher, Miller, Zucker Freedman, P.C., 400 Galleria Officentre, Ste 444, Southfield, Michigan 48034, Attn: Craig E. Zucker. The balance of the Garnished Funds, $6,995.78, shall immediately be released to Holly Cement.