United States v. Salcedo

Filing 16

FINAL ORDER OF GARNISHMENT (BANK ACCOUNTS) signed by Magistrate Judge Allison Claire on 5/26/16 ORDERING that The United States' Garnishment Application as to Anthony Salcedo 260 is GRANTED. Garnishee Chase Bank shall, within 20 days following s ervice of this Order, LIQUIDATE, PAY and DELIVER to the Clerk of Court $70,181.34 from Defendant's checking account No. x8272 and $30,112.44 from his savings account No. x6802 plus any subsequent deposits made to the accounts since 3/10/16.(Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

Case No.: 2:16-MC-00050-MCE-AC

Plaintiff,

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v.

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[Proposed] FINAL ORDER OF
GARNISHMENT (BANK ACCOUNTS)

ANTHONY SALCEDO,

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Defendant and Judgment Debtor.

CRIMINAL CASE NO: 2:11-CR-00353-MCE

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JP MORGAN CHASE BANK, N.A.,
(and its Successors and Assignees)
Garnishee.

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Pending before the Court is the United States’ application for a final order of garnishment (the

21 Garnishment Application) against defendant Anthony Salcedo’s bank accounts at garnishee, JP Morgan
22 Chase Bank, N.A. (Chase Bank). As set forth in the Garnishment Application, the United States sought
23 and obtained the writ to collect the $435,195.64 Defendant owes for the unpaid balance of his criminal
24 judgment and a statutorily authorized litigation surcharge. The Clerk issued the writ, which the United
25 States served upon Chase Bank and the Defendant and his wife, Anh Salcedo.
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Chase Bank served and filed its acknowledgement of service and answer of garnishee (the

27 Answer) to the writ, which identifies multiple accounts in which the Defendant maintains an interest.
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1 Neither the Defendant nor his wife timely: claimed an exemption to the proposed garnishment of the
2 Chase Bank accounts; objected to the Answer; requested a hearing, or otherwise objected to the United
3 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

5 hearing is requested within the required time period, the court shall promptly enter an order directing the
6 Garnishee as to the disposition of the Judgment Debtor’s property.
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Accordingly, THE COURT HEREBY ORDERS that:

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1.

The United States’ Garnishment Application is GRANTED.

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2.

Garnishee Chase Bank shall, within 20 days following service of this Order,

10 LIQUIDATE, PAY and DELIVER to the Clerk of Court $70,181.34 from Defendant’s checking account
11 No. x—8272 and $30,112.44 from his savings account No. x—6802 plus any subsequent deposits made
12 to the accounts since March 10, 2016 (the Garnished Amount).
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3.

Chase Bank shall mail or deliver a cashier’s check or money order made PAYABLE to

14 the “Clerk of Court” for the Garnished Amount to the Clerk of Court, United States District Court for
15 the Eastern District of California, 501 I Street, Suite 4-200, Sacramento, CA, 95814. Chase Bank shall
16 state the criminal case number (Case No. 2:11-cr-353-MCE) on the payment instrument and, if it desires
17 a payment receipt, shall include a self-addressed, stamped envelope with the payment.
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4.

If the values of the two accounts to be garnished above have changed from the values

19 stated in Chase Bank’s Answer, Chase Bank shall file and serve an amended Answer reflecting the
20 Garnished Amount concurrently with its payment.
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This is a final order of garnishment; upon payment and processing of the Garnished

22 Amount as ordered above, this writ shall terminate pursuant to 28 U.S.C. § 3205(c)(10)(B) and the Clerk
23 shall close this file.
24 IT IS SO ORDERED.
25 DATED: May 26, 2016
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