Opinion
1:07MC00011-SMS.
August 2, 2007
MCGREGOR W. SCOTT, United States Attorney, BOBBIE J. MONTOYA, Assistant U.S. Attorney, Sacramento, California, Attorneys for United States of America.
STIPULATION FOR ORDER OF CONTINUING GARNISHMENT (Voluntary); ORDER
It is stipulated by the parties as follows:
1. The United States has obtained a judgment herein against defendant in the total amount of $5,200.00. As of May 18, 2007, the balance owing on the judgment is $3,315.56.
2. In order to make regular payments on the judgment, defendant stipulates that the Court may issue an Order of Continuing Garnishment directing defendant's employer, the above-named garnishee, to withhold certain amounts from defendant's periodic earnings, and to pay the amounts to the United States towards the balance owing by defendant on the judgment.
3. Defendant's present pay period is bi-weekly. Defendant's disposable earnings are approximately $1,659.20 every pay period. Twenty-five percent of defendant's disposable earnings per pay period is $414.80.
4. Defendant agrees that $50.00 of his disposable earnings will be withheld by the garnishee every pay period and forwarded to the United States District Court for application to the balance due on the judgment. The parties request that the Court issue an Order of Continuing Garnishment ordering defendant's employer, the above-named garnishee, to withhold and remit to the United States District Court $50.00 of defendant's disposable earnings each pay period until the judgment is paid in full.
5. Every 12 months, plaintiff will request and defendant will provide a current financial statement, and the parties will attempt to agree to the amount of garnishment for the succeeding 12 months. However, either party may at any time file a motion with the U.S. Magistrate Judge to modify the Order of Continuing Garnishment Pursuant to Stipulation, and the Court may modify the Order if required by applicable law.
ORDER OF CONTINUING GARNISHMENT PURSUANT TO STIPULATION (Voluntary)
Pursuant to the Stipulation For Order of Continuing Garnishment (Voluntary) filed herein,IT IS HEREBY ORDERED that the garnishee NORTHERN REFRIGERATED TRANSPORTATION, INC. shall withhold each pay period and remit to the United States District Court, $50.00 of defendant's disposable earnings, until the judgment is paid in full, or until further order of the Court.
(gross earnings less required withholdings for federal income taxes, social security and Medicare taxes, state income taxes, state disability insurance, and required payments to a public employee retirement system)
IT IS SO ORDERED.