Opinion
Case No. 04-C-0505.
August 31, 2009
ORDER GRANTING APPLICATION FOR WRIT OF CONTINUING GARNISHMENT
Upon reviewing the application for writ of continuing garnishment filed with this Court by the plaintiff, the United States of America,
IT IS HEREBY ORDERED that the application of the United States of America for a writ of continuing garnishment is hereby GRANTED.
IT IS FURTHER ORDERED that the Clerk issue a writ of continuing garnishment to the garnishee defendant, and its successors or assigns.
WRIT OF CONTINUING GARNISHMENT
GREETINGS TO: R.E. Golden Produce Co., Inc. PO Box 9122 Madison, WI 53715 An Application for a Writ of Garnishment against the property of Remon Bell ("Defendant"), has been filed with, and granted by, this Court. A judgment was entered on October 27, 2004, against Defendant in the amount of $7,148.18, plus costs and interest. As of August 26, 2009, the debt consists of the judgment in the amount of $7,148.18 plus post-judgment costs of $59.40, and post-judgment interest at the rate of 2.22%, for a total balance due of $7,303.23.You are required by law to answer in writing, under oath, within ten (10) days, whether or not you have in your custody, control or possession, any non-exempt, disposable earnings of Defendant.
Please state whether or not you anticipate paying Defendant any future payments and whether such payments are weekly, bi-weekly or monthly.
You must file the original written answer to this writ within ten (10) days of your receipt of this writ with the United States District Clerk at: 120 N. Henry Street, Room 320, Madison, WI 53703. Additionally, you are required by law to serve a copy of this Answer upon Defendant at: 6701 Schroeder Road, Apt 3, Madison, WI 53711-2361, and upon the United States Attorney, 660 W. Washington Ave., Suite 303, Madison, WI 53703.
Pursuant to 15 U.S.C. § 1673, seventy-five (75%) percent of Defendant's net income for each one week period is exempt from this Writ of Garnishment. The benefits of this exemption are limited to the extent reasonably necessary for Defendant's support and the support of his dependents, but to not less than thirty (30) times the greater of the state or federal minimum wage.
Pursuant to 15 U.S.C. § 1674, you are prohibited from discharging the Defendant from employment by reason of the fact that his earnings have been subject to garnishment for any one indebtedness.
If you fail to answer this writ or withhold property in accordance with this writ, the United States of America may petition the Court for an order requiring you to appear before the Court. If you fail to appear or do appear and fail to show good cause why you failed to comply with this writ, the Court may enter a judgment against you for the value of defendant's non-exempt property. It is unlawful to pay or deliver to defendant the wages attached by this writ.
Pursuant to 28 U.S.C. § 3205(c)(2)(F), you are required to withhold and retain any property in which Defendant has a substantial non-exempt interest in which you are, or may become, indebted to Defendant, pending further order of the Court.
DO NOT FORWARD ANY FUNDS AT THIS TIME. HOWEVER YOU ARE REQUIRED TO WITHHOLD ALL APPROPRIATE FUNDS IMMEDIATELY AND BEGIN DISBURSEMENT UPON FURTHER ORDER OF THE COURT. Checks should be made payable to the U.S. Department of Justice, and mailed to:
U. S. Attorney's Office
Attn: Financial Litigation Unit
P.O. Box 1585
Madison, Wisconsin 53701-1585
THIS WRIT OF GARNISHMENT IS CONTINUING AND MAY ONLY TERMINATE BY:
A. a court order quashing the writ of garnishment;
B. exhaustion of property in the possession, custody, or control of the garnishee in which the Defendant has a substantial non-exempt interest (including non-exempt disposable earnings), unless the garnishee reinstates or reemploys Defendant within 90 days after Defendant's dismissal or resignation; or
C. satisfaction of the debt with respect to which the writ is issued.