Opinion
5:12CR20-3
11-14-2022
UNITED STATES OF AMERICA, Plaintiff, v. TIFFANY SHERISE YOUNG, Defendant, and AMERIT FLEET SOLUTIONS, Garnishee.
Financial Litigation Unit
WRIT OF CONTINUING GARNISHMENT
DAVID S. CAYER, UNITED STATES MAGISTRATE JUDGE
TO: Amerit Fleet Solutions Attention: Payroll Department 1331 N. California Boulevard, Suite 150 Walnut Creek, California 94596
An Application for a Writ of Continuing Garnishment against property of Tiffany Sherise Young, the Defendant, has been filed with this Court (Doc. No. 155). A judgment has been entered against the Defendant (Doc. No. 99). The Clerk of Court current total of $204,830.79, computed through November 14, 2022, is due and owing.
You, as the Garnishee, are required by law to answer in writing, under oath, within ten days of service of this Writ, whether or not you have in your custody, control or possession, any property or funds owned by Defendant, including non-exempt, disposable earnings.
You must withhold and retain any property in which the Defendant has a substantial non-exempt interest and for which you are or may become indebted to her pending further order of the Court. This means that you should withhold twenty-five percent of Defendant's disposable earnings which remain after all deductions required by law have been withheld, or the amount by which her disposable earnings for each week exceed thirty times the federal minimum wage, whichever is less. See 15 U.S.C. §1673(a).
State whether or not you anticipate paying the Defendant any future payments and whether such payments are weekly, bi-weekly, monthly, annually or bi-annually.
You must file the original written Answer within ten days of your receipt of this Writ with the following office:
Clerk of the United States District Court 401 West Trade Street Charlotte, North Carolina 28202
Additionally, you are required by law to serve a copy of the Answer upon the Defendant at her last known address:
Tiffany Sherise Young XXXXXXXXX Terrell, North Carolina XXXXX
You are also required to serve a copy of the Answer upon the Plaintiff at the following address:
Financial Litigation Unit United States Attorney's Office 227 West Trade Street, Suite 1650 Charlotte, North Carolina 28202
Under the law, there is property which may be exempt from this Writ of Garnishment.
Property which is exempt and is not subject to this Order may be listed on the attached Claim for Exemption form.
Pursuant to 15 U.S.C. §1674, you, the Garnishee, are prohibited from discharging the Defendant from employment by reason of the fact that her earnings have been subject to garnishment for any one indebtedness.
Pursuant to 28 U.S.C. §3205(c)(6), if you fail to answer this Writ or withhold property or funds 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 withhold property before the appearance date. If you do not appear or appear and fail to show good cause why you did not comply with this Writ, the Court shall enter a judgment against you for the value of Defendant's non-exempt interest in such property. The Court may award a reasonable attorney's fee to the United States and against you if the Writ is not answered within the time specified. It is unlawful to pay or deliver to the Defendant any item attached by this Writ.
SO ORDERED.