Maida et al v. Sherman et al

Filing 115

ORDER directing Wal-Mart Stores, Inc. to release amounts set forth in this Order to Jensen Young and Houston PLLC for as long as the defendant is employed by Garnishee, pending receipt of a Satisfaction of Judgment or further Order terminating this Order of Garnishment. Signed by Judge Brian S. Miller on 1/6/10. (bkp)

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IN THE UNITED STATES DISTRICT COURT For the EASTERN DISTRICT OF ARKANSAS DOMINICK MAIDA, ET AL Plaintiff v. SAMANTHA SHERMAN, JOE VINCENT II, JAMES SHERMAN, JERRY JOHNSON, THE VISION GRP, INC. d/b/a THE VISION GROUP and VISIONGRP, and VGRT, INC. Defendant ) ) ) )Civil Action No. 4:07-cv001151 BSM ) ) ) ) ) ) ORDER WHEREAS the Plaintiff/Judgment Creditor has served a Garnishment herein, to which Wal-Mart Stores, Inc. has responded as Garnishee, which Garnishee has responded that it holds $644.31 in salary, which is the property of the Judgment Debtor Jerry Johnson, and which does not exceed the Judgment amount herein. NOW, THEREFORE, IT IS HEREBY ORDERED that Wal-Mart Stores, Inc. shall upon service of this Order on it, release to Jensen Young and Houston, PLLC, as attorneys for Plaintiff/Judgment Creditors, Dominick Maida, Dorthy Marie Maida and Maida, Inc., whose address appears below, those amounts subject to garnishment pursuant to Title III of the Consumer Credit Protection Act, to-wit, one-quarter of that disposable income, including salary, commissions and bonuses payable to the Defendant Jerry Johnson, following mandatory deductions for federal and state income taxes, unemployment taxes, and Social Security/Medicare taxes, or if such disposable income should equal less than $234.00 per week, then those amounts in excess of $175.50.00 per week up to a total of $234.00 per week in garnished pay, and one-quarter of all sums payable in excess thereof, which amount shall be credited towards the outstanding amount due upon the Judgment entered herein, and pending receipt of a Satisfaction of Judgment or further Order terminating this Order on Garnishment, for as long as the Defendant shall remain employed by the Garnishee, to continue to withhold such sums and to pay same to the attention of Plaintiffs' counsel on each date on which the Defendant Jerry Johnson is paid. SO ORDERED THIS 6th day of January, 2010. Hon. Brian S. Miller, United States District Court Judge Respectfully submitted: Perry Y. Young (ABN 97091) Jensen Young & Houston, PLLC Attorneys for Plaintiffs/Judgment Creditors PO Box 1500 Benton, AR 72018 501/315-2255 (V); 501/315-3355 (F)

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