Opinion
Civil Action No. 09-cv-02939-MSK-MEH
05-21-2012
UNITED STATES OF AMERICA, Plaintiff, v. JAMES H. PHILLIPS, JR., Defendant, v. AFLAC - FIELD COMPENSATION, Garnishee.
MINUTE ORDER
Entered by Michael E. Hegarty , United States Magistrate Judge, on May 21, 2012.
Pending before the Court is a Motion for Entry of Garnishee Order filed by the United States of America [filed April 27, 2012; docket #14]. On March 8, 2012, the Clerk of the Court issued a Writ of Continuing Garnishment to AFLAC-Field Compensation, the Garnishee in this case. (Docket #12.) Pursuant to 28 U.S.C. § 3205(c)(2)(4), the Garnishee was required to "file [its] original answer with the court... and [to] serve a copy on the debtor and counsel for the United States." Although the Garnishee filed its Answer with the Court on April 5, 2012, and sent a copy of its Answer to the United States Attorney's Office, the Garnishee provides no indication that the Answer was served upon Defendant. (Docket #13.)
On May 9, 2012, the Court entered a Minute Order directing the Garnishee to provide proof of service upon the debtor (Defendant) in accordance with 28 U.S.C. § 3205(c)(4) on or before May 18, 2012. (Docket #16.) However, as of this date, the Garnishee has not done so.
In the absence of a duly served Answer under 28 U.S.C. § 3205(c)(2)(4), the Court is not satisfied that an order should enter pursuant to 28 U.S.C. §3205(c)(7). Therefore, the United States' Motion is denied without prejudice. The United States is granted leave to re-file the Motion once the Garnishee has provided proof of service upon Defendant.