United States of America v. GE Corporate et al

Filing 7

DISPOSITION ORDER: It is ORDERED that the motion (doc. no. 6 ) is granted, as follows: (1) Garnishee General Electric Corporate, or General Electric Company, shall withhold $100 per week (rather than 25% of disposable earnings) fromdefe ndants net weekly pay and shall promptly remit the identified nonexempt funds every pay period to the clerk of the court, One Church Street, Suite B-110, Montgomery, Alabama 36104; (2) The clerk of court shall apply these funds to the restitution bal ance owed by defendant in case 2:07-cr-00241-MHT (M.D. Ala.). (3) This garnishment order shall remain in effect until satisfaction of the debt owed to plaintiff, defendant ceases employment with the garnishee (unless the garnishee reinstates or reemp loys the defendantwithin 90 days after the defendant's dismissal or resignation), or by an order of this court quashing the writ of continuing garnishment. (4) The plaintiff may request an increase in the amount of garnishment should defendants financial situation improve. (5) The plaintiff shall promptly notify the courtand the garnishee upon satisfaction of the debt. This case remains administratively closed. Signed by Honorable Judge Myron H. Thompson on 1/16/2018. Copies furnished to Financial, Cashier, Clerk of Court.(dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
GENERAL ELECTRIC CORPORATE,
Ft. Myers, FL,
Garnishee,
XAVIER M. PHILLIPS,
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)
)
)

MISC. ACTION NO.
2:14mc3668-MHT
(WO)

DISPOSITION ORDER
In 2014, at the request of plaintiff United States
of America, a writ of continuing garnishment was issued
and served upon garnishee General Electric Corporate.
Pursuant to the writ, the garnishee filed an answer, in
the name of General Electric Company, stating that it
employs defendant Xavier M. Phillips and will withhold
from defendant’s wages or salary the amount required by
law on a weekly basis.

Defendant was notified of his

right to a hearing and did not request one or otherwise
1

object to the writ, and his wages apparently have been
garnished

since

2014

in

the

amount

of

25

%

of

disposable earnings.
This

matter

is

now

before

the

court

on

the

plaintiff’s motion for and consent to entry of an order
reducing the wage withholding amount under the writ of
garnishment from 25 % of disposable earnings to $ 100
per week due to defendant’s financial circumstances.
The reduction will be granted.
***
Accordingly, it is ORDERED that the motion (doc.
no. 6) is granted, as follows:
(1)

Garnishee

General

Electric

Corporate,

or

General Electric Company, shall withhold $ 100 per week
(rather

than

25

%

of

disposable

earnings)

from

defendant’s net weekly pay and shall promptly remit the
identified

nonexempt

funds

every

pay

period

to

the

clerk of the court, One Church Street, Suite B-110,
Montgomery, Alabama 36104;
2

(2) The clerk of court shall apply these funds to
the

restitution

balance

owed

by

defendant

in

case

2:07-cr-00241-MHT (M.D. Ala.).
(3) This garnishment order shall remain in effect
until

satisfaction

of

the

debt

owed

to

plaintiff,

defendant ceases employment with the garnishee (unless
the

garnishee

within

90

reinstates

days

after

or

the

reemploys
defendant's

the

defendant

dismissal

or

resignation), or by an order of this court quashing the
writ of continuing garnishment.
(4) The plaintiff may request an increase in the
amount

of

garnishment

should

defendant’s

financial

situation improve.
(5) The plaintiff shall promptly notify the court
and the garnishee upon satisfaction of the debt.
This case remains administratively closed.
DONE, this the 16th day of January, 2018.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

3