Opinion
2:07MC00129-LKK-KJM.
May 30, 2008
ORDER
A Writ of Garnishment (Interest in Withheld Money), directed to the Garnishee California Department of Health Services, has been duly issued and served upon the Garnishee in order to partially satisfy the outstanding debt owed by the Defendant and Judgment Debtor SCOTT MICHAEL VOGELSANG ("Judgment Debtor"). The balance currently owing by the Judgment Debtor is $170,552.84 as of April 7, 2008.
On December 5, 2007, the Garnishee filed an Answer of Garnishee stating that at the time of service of the Writ, the Garnishee had custody or possession of properties (non-earnings), in which the "Judgement Debtor" maintains an interest in the amount of $41,807.95.
The Judgment Debtor was served by the Garnishee with the Answer of Garnishee as set forth in 28 U.S.C. § 3205(c)(5). The Judgment Debtor filed claims of exemption to the garnishment and requested a hearing as set forth in 28 U.S.C. § 3205(c)(5).
On May 14, 2008, this Court held a garnishment hearing on this matter in response to the Judgment Debtor's request. Bobbie J. Montoya, Assistant U.S. Attorney, appeared on behalf of Plaintiff United States of America; Scott Michael Vogelsang, the Judgment Debtor, appeared on his own behalf.
After hearing oral argument from the parties and reviewing the papers on file herein, the Court finds that the exemptions claimed by the Judgment Debtor do not apply to protect his interest in the withheld money from this garnishment proceeding.
ACCORDINGLY, IT IS ORDERED that the Garnishee California Department of Health Services shall turn over the amount of $41,807.95, payable to the Clerk of the Court (reference Docket No. CR S 02-151-MCE on the face of the check), and forward it to:
U.S. District Court Clerk
501 "I" Street, Room 4-200
Sacramento, California 95814
IT IS FURTHER ORDERED that upon receipt of payment, the Writ of Garnishment is hereby terminated.
IT IS SO ORDERED.