Monarch Bay Capitol Group, LLC v. Highline Technical Inovations, Inc.

Filing 11

ORDER GRANTING 9 Motion to Enforce Writ of Garnishment. Refer to order for court requirements. Signed by Honorable P. K. Holmes, III on July 26, 2013. (jas)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION MONARCH BAY CAPITAL GROUP, LLC v. PLAINTIFF Case No. 2:13-MC-00018 HIGHLINE TECHNICAL INNOVATORS, INC. f/k/a SYSTEMS EVOLUTIONS, INC. DEFENDANT BANK OF FAYETTEVILLE GARNISHEE ORDER Currently before the Court are Plaintiff Monarch Bay Capital Group, LLC’s (“Monarch”) motion to enforce writ of garnishment (Doc. 9) and brief in support (Doc. 10). On July 3, 2013, a writ of garnishment was issued to Garnishee Bank of Fayetteville (Doc. 5). The writ of garnishment stated that Defendant Highline Technical Innovators, Inc. f/k/a Systems Evolutions, Inc. (“Highline”) owed an unsatisfied judgment of $50,000 plus interest to Monarch. The writ of garnishment also directed Bank of Fayetteville to file an answer to the writ setting forth a statement of the goods, chattels, monies, credits, or effects belonging to Highline that are currently in Bank of Fayetteville’s possession. On July 19, 2013, Bank of Fayetteville filed its answer to the writ of garnishment (Doc. 8), averring that it possesses an account in Highline’s name containing a balance of $981.62. Therefore, IT IS ORDERED that Plaintiff’s motion to enforce writ of garnishment is GRANTED, and Bank of Fayetteville is ORDERED to pay the sum of $981.62 to Plaintiff, with this sum to be applied to the judgment that has been certified in this case. Bank of Fayetteville is directed to make payment of this sum by issuing a check to Monarch Bay Capital Group, LLC and mailing the check to the following address: -1- Joe D. Byars, Jr. Attorney for Monarch Bay Capital Group, LLC 401 Lexington Avenue Fort Smith, AR 72901 IT IS FURTHER ORDERED that upon payment of the amount stated herein, Bank of Fayetteville will be released and discharged from the writ of garnishment. IT IS SO ORDERED this 26th day of July, 2013. /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE -2-

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