United States of America v. Castle Venture Inc. et al

Filing 6

OPINION AND ORDER: It is the ORDER, JUDGMENT and DECREE of the court that judgment is entered against garnishee Castle Venture, Inc. and that garnishee Castle Venture, Inc. shall remit to the United States Attorney's Office for the Middle District of Alabama, sufficient sums, as indicated in the instructions to the garnishee, from the income of defendant Melissa Ward. Signed by Honorable Myron H. Thompson on 4/7/2010. (Attachments: # 1 Civil Appeals Checklist)(dmn)

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION UNITED STATES OF AMERICA, Plaintiff, v. MELISSA WARD, Defendant. ) ) ) ) ) ) ) ) )

MISC. ACTION NO. 3:10mc3492-MHT (WO)

OPINION AND ORDER By final judgment entered on March 30, 2007,

plaintiff United States of America is to have and recover from defendant Melissa Ward the sum of $ 10,942.52, plus costs. On February 16, 2010, the United States filed an

application for a writ of garnishment, claiming a balance due of $ 10,842.52. garnishee Castle The United States stated that Inc., 3930 Highway 80 W.,

Venture,

Phenix City, AL 36870, "is believed to owe or will owe money to [Ward], or is in possession of property of [Ward], in which [Ward] has a substantial non-exempt interest." Application for Writ at 2 (Doc. No. 1).

On March 15, 2010, the United States Marshal served Ward with notice of the application for writ of

garnishment.

The notice of garnishment informed Ward,

among other things, that "unless within twenty (20) days from the receipt of the Answer of the Garnishee, you file a written Objection to explain why you think these funds are exempt from execution under state or federal law and request a hearing, a Court Order will be entered

attaching the funds or property and the funds or property will be applied against the Judgment owed the United States of America." 1-3). Notice of Garnishment at 1 (Doc. No.

The notice also informed Ward: "YOU MAY WISH TO

CONSULT A LAWYER FOR ADVICE AS TO THE MEANING OF THIS NOTICE." Id. at 2.

On March 11, 2010, Castle Venture filed an answer to the writ of garnishment stating: "Ms. Ward is an employee of Castle Venture, Inc. will withhold 25 % Paychecks are issued weekly. of her disposable income, We in

accordance with the writ, beginning Friday March 12,

2

2010."

Answer (Doc. No. 3).

Although more than 20 days

have passed since Castle Venture filed its answer, Ward has made no objection to the writ of garnishment. Accordingly, it is the ORDER, JUDGMENT and DECREE of the court that judgment is entered against garnishee Castle Venture, Inc. and that garnishee Castle Venture, Inc. shall remit to the United States Attorney's Office for the Middle District of Alabama, sufficient sums, as indicated in the instructions to the garnishee, from the income of defendant Melissa Ward. DONE, this the 7th day of April, 2010. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE