GE Capital Commercial Inc v. Bland Family Farms LLC et al

Filing 34

ORDER denying without prejudice 30 and 32 motions for service of a writ of execution. Signed by Judge D. P. Marshall Jr. on 1/8/2025. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION PLAINTIFF BMO HARRIS BANK NA No. 3:15 -cv-247-DPM V. BLAND FAMILY FARMS, LLC; SARAH BLAND; and JAMEY BLAND DEFENDANTS ORDER 1. G.E. Capital's first motion for service of a writ of execution, Doc. 30, is denied without prejudice. It was mooted by its second motion. 2. G.E. Capital's second motion for service of a writ of execution, Doc. 32, is denied without prejudice. The Clerk issued a writ in June 2023. By its terms, though, the writ was valid for one year. Doc. 29 at TI. G.E. Capital did not move for service by the U.S. Marshal until November 2024. Plus, G.E. Capital argues that the Blands may have wages subject to collection. Doc. 33 at 2. Whatever cash they might have in their pockets on a given day would be subject to execution. But a writ of garnishment is the better way to reach wages. E.g., Moory v. Quadras, Inc., 333 Ark. 624,628,970 S.W.2d 275,277(1998). So Ordered. Jr.' D.P. Marshall United States District Judge M4V'ot47' -oa -2-

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