Opinion
MICHAEL COSENTINO SBN 83253, ATTORNEY AT LAW, ALAMEDA, CA, COUNSEL FOR THE UNITED STATES OF AMERICA, PLAINTIFF.
TO: Sparrow Hospital, Payroll Department, 1215 E. Michigan Ave. LANSING, MI 48912
YOU ARE HEREBY COMMANDED TO GARNISH FOR THE BENEFIT OF THE UNITED STATES OF AMERICA THE WAGES, SALARY, OR COMMISSION IN YOUR CUSTODY, CONTROL, OR POSSESSION IN WHICH THE DEFENDANT-JUDGMENT DEBTOR HAS AN OWNERSHIP INTEREST.
The name and last known address of the person who is the defendant-judgment debtor (hereinafter "debtor") in this action and whose property is subject to this Writ are as follows:
PETER J. YOO 2017 Belwood Dr. Okemos, MI 48864
This Writ has been issued at the request of the United States of America to enforce the collection of a civil judgment entered in favor of the United States against the debtor for a defaulted student loan in the amount of $65,062.20. There is a balance of $61,987.62 due on the judgment, which amount includes costs and interest computed through 01/22/10.
The following are the steps that you must take to comply with this Writ. If you have any questions, you should consult with your attorney.
1. Pursuant to 28 U.S.C. § 3205(c)(2)(F), if you have in your custody, control, or possession any property of the debtor, including wages, salary, or commissions, in which the debtor has a substantial nonexempt interest, or if you obtain custody, control, or possession of such property while this Writ is in effect, you must immediately withhold such property from the debtor and retain it in your possession until you receive instructions from the Court which will tell you what to do with the property. The United States has requested that the sum of 25% of the debtor's disposable earnings, which under California law represents the nonexempt portion of the debtor's earnings, be withheld from the defendant's earnings.
2. Pursuant to 28 U.S.C. § 3205(c)(2)(E), you are required to answer this Writ within 10 days after service of this Writ upon you. You must answer the Writ even if you do not have in your custody, control, or possession any property of the debtor. Pursuant to 28 U.S.C. § 3205(c)(4), your answer must state, under oath, the following information:
a. Whether or not you have in your custody, control, or possession, any property owned by the debtor in which the debtor has a substantial nonexempt interest, including nonexempt, disposable earnings;
b. a description of such property and the value of such property;
c. a description of any previous garnishments to which such property is subject and the extent to which any remaining property is not exempt; and
d. the amount of the funds you anticipate owing to the debtor in the future and whether the period for payment will be weekly or another specified period.
For your convenience, a form which addresses the above-requested information is attached and may be used to Answer the Writ.
3. After you complete the answer under oath, pursuant to 28 U.S.C. § 3205(c)(2)(E) & (c)(4), within ten (10) days after service of this Writ upon you, you must mail or deliver the original Answer bearing the original signature of the person preparing the answer to the Court at the following address:
At the same time that you mail or deliver the original answer to the Court, you must also mail or deliver a copy of the original Answer to both the debtor and attorney for the United States at the following respective addresses:
Please note that the attached form Answer contains a certificate of service which needs to be completed by the person mailing the copies of the answer to the debtor and the attorney for the United States, and which needs to be filed along with the Answer.
IF YOU FAIL TO ANSWER THIS WRIT OR FAIL TO WITHHOLD PROPERTY IN ACCORDANCE WITH THIS WRIT, THE UNITED STATES MAY PETITION THE COURT FOR AN ORDER REQUIRING YOU TO APPEAR BEFORE THE COURT TO ANSWER THE WRIT AND TO WITHHOLD PROPERTY IN ACCORDANCE WITH THE WRIT BEFORE THE APPEARANCE DATE. IF YOU FAIL TO APPEAR OR DO APPEAR AND FAIL TO SHOW GOOD CAUSE WHY YOU FAILED TO COMPLY WITH THIS WRIT, THE COURT WILL ENTER A JUDGMENT AGAINST YOU FOR THE VALUE OF THE DEBTOR'S NONEXEMPT INTEREST IN SUCH PROPERTY (INCLUDING NONEXEMPT DISPOSABLE EARNINGS). THE COURT MAY ALSO AWARD A REASONABLE ATTORNEY'S FEE TO THE UNITED STATES AND AGAINST YOU IF THE WRIT IS NOT ANSWERED WITHIN THE TIME SPECIFIED HEREIN AND IF THE UNITED STATES FILES A PETITION REQUIRING YOU TO APPEAR.
1. Earnings include any money (whether called wages, salary, commissions, bonuses, or anything else) paid for personal services, pension, or retirement. Vacation or sick pay is earnings subject to withholding as it is received by the employee.
2. Disposable earnings are different from gross pay or take-home pay. They are the earnings left after deducting the part which state or federal law requires an employer to withhold as mandatory deductions. Generally, these mandatory deductions are federal income tax, social security (FICA) tax, state income tax, state disability insurance, and payments to public employee retirement systems. Disposable earnings can change from pay period to pay period, whenever gross pay or required deductions change.
To determine earnings that are eligible for withholding, and therefore must be withheld, see the chart below.
Based on the Federal Minimum Wage Earnings of $7.25 an hour, effective 07/24/2009
USE THE CHART BELOW TO DETERMINE NONEXEMPT DISPOSABLE EARNINGS AND THE APPLICABLE WITHHOLDING AMOUNT1:
Pay Period: Weekly or Every 2 Twice a Once a oftener weeks month month ----------------------------------------------------------------- Disposable $ 0 to $ 0 to $ 0 to $ 0 to earnings: $217.50 $435.00 $471.25 $942.50 Withhold: Nothing (entire earnings are exempt) ----------------------------------------------------------------- Disposable $217.51 to $435.01 to $471.26 to $942.51 to earnings: $290.00 $580.00 $628.33 $1,256.67 Withhold: Amt. over Amt. over Amt. over Amt. over $217.50 $435.00 $471.25 $942.50 ----------------------------------------------------------------- Disposable $290.01 $580.01 $628.34 $1,256.68 earnings: or more or more or more or more Withhold: 25% of disposable earnings (balance is exempt)
ANSWER OF GARNISHEE
I, _________________________, being first duly sworn, hereby state the following:
1. I am the __________________________(Official Title) of the Garnishee named in the above caption. I am authorized to prepare this Answer on behalf of the Garnishee.
2. The Garnishee was served with the Writ of Continuing Garnishment on _________________(date) in this action.
3. The Garnishee currently has custody, control, or possession of earnings of the Defendant. Yes _____ No _____
4. The Garnishee expects to obtain custody, control, or possession of earnings of the Defendant in the foreseeable future. Yes ______ No ______
5. For the pay period in effect on the date of service of this Writ of Continuing Garnishment, the Garnishee states as follows:
a. Defendant was in my/our employ. Yes _______ No ______
b. The Defendant's pay period is ____ weekly, ____ bi-weekly, _____ semi-monthly, ____ monthly.
c. The Defendant's present pay period began on ____ (date). ("Present" means the pay period in which the Writ of Continuing Garnishment was served.)
d. The Defendant's present pay period ends on ______________ (date).
e. The Defendant's net wages are as calculated below:
6. Are there any other garnishments currently in effect? Yes____ No____ If the answers is yes, describe below and attach to this Answer a copy of each garnishment:
_________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
7. Will the Garnishee owe the Defendant money in the foreseeable future? Yes____ No____ If the answer is yes, provide the reason why such money will be owed, the amount of money that will be owed, and the date or dates on which each payment will be due:
Type of Date Payment Payment Amount Will be Due 1.______________ _____________ ______________ 2.______________ _____________ ______________ 3.______________ _____________ ______________
8. Does the Garnishee currently have custody, control or possession of property (other than earnings) such as bank accounts, pensions, thrift plans, etc., in which the Defendant maintains an interest? Yes____ No____ If the answer is yes, then provide the following information for each item of such property:
Description of Approximate Description of Property Value Defendant's Interest 1._______________ __________ _______________ 2._______________ __________ _______________ 3._______________ __________ _______________ 4._______________ __________ _______________
9. Does the Garnishee expect to obtain in the foreseeable future custody, control or possession of property (other than earnings) such as bank accounts, pensions, thrift plans, etc., in which the Defendant maintains an interest? Yes___ No___ If the answer is yes, then provide the following information for each item of such property:
Date Will Description of Approximate Description of Obtain Property Value Defendant's Interest Property 1. _______________ __________ ____________________ __________ 2. _______________ __________ ____________________ __________ 3. _______________ __________ ____________________ __________ 4. _______________ __________ ____________________ __________
10. Does the Garnishee have any objections or defenses to the Writ of Continuing Garnishment? Yes___ No___ If the answer is yes, list the nature and basis of each objection and/or defense:
___________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________
On behalf of Sparrow Hospital, I hereby certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.