United States of America v. Garcia
Filing
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FINAL ORDER FOR WRIT OF CONTINUING GARNISHMENT (WAGES) signed by District Judge Dale A. Drozd on 10/13/2016. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,
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Plaintiff and Judgment
Creditor,
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FINAL ORDER FOR WRIT OF
CONTINUING GARNISHMENT (WAGES)
v.
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No. 1:15-cv-01077-DAD-BAM
JOSE V. GARCIA,
(Doc. No. 20)
Defendant and Judgment
Debtor.
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WEST HILLS FUELS, INC.,
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Garnishee.
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This matter is before the court on plaintiff United States’ application for a final writ of
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continuing garnishment (wages) against defendant and judgment debtor Jose Garcia’s non-
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exempt disposable earnings due to Garcia from garnishee West Hills Fuels, Inc. (“West Hills”).
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(Doc. No. 20.) As set forth in the plaintiff’s application, the United States sought and obtained
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the writ to collect the $25,276.40 Garcia owes pursuant to the judgment entered against him by
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this court on February 25, 2016 and a statutorily authorized litigation surcharge. (See id. at 1.)
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The Clerk of the Court issued the writ, which the United States served on West Hills and Garcia.
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(See Doc. Nos. 24–25.)
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West Hills served and filed its acknowledgement of service and answer of garnishee (the
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“answer”) to the writ, which acknowledged that Garcia was an employee of West Hills and
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identified his pay. (Doc. No. 26.) Garcia did not file a timely claim of exemption to the proposed
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garnishment of the wages owed to him by West Hills, did not object to the answer of West Hills,
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did not request a hearing, and did not otherwise present an objection to the court to the United
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States’ garnishment action.
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In accordance with 28 U.S.C. § 3205(c)(7), after the garnishee files an answer, and if no
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hearing is requested with the required time period, the court shall promptly enter an order
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directing the garnishee as to the disposition of the judgment debtor’s property. Good cause
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appearing from the review of the court files, the United States’ application for a writ of
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continuing garnishment (wages) will be granted.
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Accordingly,
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1. The United States’ application for a final writ of continuing garnishment (wages)
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(Doc. No. 20) is granted;
2. Garnishee West Hills is ordered to pay at least monthly to the Clerk of the Court, 25
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percent of defendant Garcia’s disposable wages, earnings, commissions, bonuses, and
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compensation until: (a) the judgment including interest and surcharge amount of
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$27,804.04 is paid in full; (b) further order of this Court; or (c) West Hills no longer
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has custody, possession, or control of any property belonging to defendant;
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3. Garnishee West Hills is further ordered to provide the United States with written
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notice if the amount or form of compensation to defendant Garcia changes while this
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order is in effect or if West Hills no longer has custody, possession, or control of
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Garcia’s property;
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4. Within twenty days of the filing of this final order, West Hills shall deliver to the
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Clerk of the Court all amounts previously withheld by West Hills from and after West
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Hills received the writ of garnishment on July 1, 2016; and West Hills shall also
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provide the United States a written accounting, by pay period, of the amounts withheld
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from defendant Garcia’s wages during the period from service of the writ to entry of
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this final order; and
5. The payment instrument must be made payable to the “Clerk of the Court” and
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delivered to the United States District Court for the Eastern District of California, 501
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I Street, Suite 4-200, Sacramento, California 95814. Garnishee West Hills shall
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include this case number (1:15-cv-01077-DAD-BAM) on the payment instrument.
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IT IS SO ORDERED.
Dated:
October 13, 2016
UNITED STATES DISTRICT JUDGE
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