USA v. James

Filing 14

WRIT OF GARNISHMENT issued (Attachments: # 1 Supplement Separate Instructions)(msr, COURT STAFF) (Filed on 1/13/2017)

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1 2 MICHAEL COSENTINO State Bar No. 83253 Counsel for the United States P.O. Box 129 Alameda, CA 94501 3 4 5 Telephone: (510) 523-4702 Facsimile: (510) 747-1640 Attorney for Plaintiff United States of America 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 UNITED STATES OF AMERICA, Case No. C01-1861 M 12 Plaintiff, 13 14 v. LEAGUN JAMES, JR., aka JAMES LEAGUN, 15 Defendant, WRIT OF CONTINUING GARNISHMENT 16 and 17 18 19 OAKLAND UNIFIED SCHOOL DISTRICT, Garnishee. _______________________________/ 20 21 22 TO: Payroll Services Department OAKLAND UNIFIED SCHOOL DISTRICT 1000 Broadway Oakland, CA 94607 23 24 YOU ARE HEREBY COMMANDED TO GARNISH FOR THE BENEFIT OF 25 THE UNITED STATES OF AMERICA THE WAGES, SALARY, OR COMMISSION IN 26 YOUR CUSTODY, CONTROL, OR POSSESSION IN WHICH THE DEFENDANT- 27 JUDGMENT DEBTOR HAS AN OWNERSHIP INTEREST. 28 The name, SSN XXX-XX-6204, and last known address of the person who is 1 the defendant-judgment debtor (hereinafter “debtor”) in this action and whose property 2 is subject to this Writ are as follows: 3 4 LEAGUN JAMES, JR., aka JAMES LEAGUN 615 E 18th Street, Apt. 1 Oakland, CA 94606 5 This Writ has been issued at the request of the United States of America to 6 enforce the collection of a civil judgment entered in favor of the United States against 7 the debtor for a defaulted student loan in the amount of $25,950.68. There is a 8 balance of $34,407.00 due on the judgment, which amount includes costs and interest 9 computed through December 20, 2016. 10 11 The following are the steps that you must take to comply with this Writ. If you have any questions, you should consult with your attorney. 12 1. Pursuant to 28 U.S.C. § 3205(c)(2)(F), if you have in your custody, control, 13 or possession any property of the debtor, including wages, salary, or commissions, in 14 which the debtor has a substantial nonexempt interest, or if you obtain custody, 15 control, or possession of such property while this Writ is in effect, you must 16 immediately withhold such property from the debtor and retain it in your possession 17 until you receive instructions from the Court which will tell you what to do with the 18 property. The United States has requested that the sum of 25% of the debtor’s 19 disposable earnings, which under California law represents the nonexempt portion of 20 the debtor’s earnings, be withheld from the defendant’s earnings. 21 2. Pursuant to 28 U.S.C. § 3205(c)(2)(E), you are required to answer this Writ 22 within 10 days after service of this Writ upon you. You must answer the Writ even if 23 you do not have in your custody, control, or possession any property of the debtor. 24 Pursuant to 28 U.S.C. § 3205(c)(4), your answer must state, under oath, the following 25 information: 26 27 a. Whether or not you have in your custody, control, or possession, any property owned by the debtor in which the debtor has a substantial 28 Writ of Continuing Garnishment cand C01-1861 M 2 1 nonexempt interest, including nonexempt, disposable earnings; 2 b. a description of such property and the value of such property; 3 c. a description of any previous garnishments to which such property is 4 subject and the extent to which any remaining property is not exempt; 5 and 6 d. the amount of the funds you anticipate owing to the debtor in the future 7 and whether the period for payment will be weekly or another specified 8 period. 9 10 11 For your convenience, a form which addresses the above-requested information is attached and may be used to Answer the Writ. 3. After you complete the answer under oath, pursuant to 28 U.S.C. § 12 3205(c)(2)(E) & (c)(4), within ten (10) days after service of this Writ upon you, you 13 must mail or deliver the original Answer bearing the original signature of the person 14 preparing the answer to the Court at the following address: 15 Civil Clerk, United States District Court 450 Golden Gate Avenue, 16th Floor San Francisco, CA 94102 16 17 At the same time that you mail or deliver the original answer to the Court, you must 18 also mail or deliver a copy of the original Answer to both the debtor and attorney for 19 the United States at the following respective addresses: 20 LEAGUN JAMES, JR., aka JAMES LEAGUN 615 E 18th Street, Apt. 1 Oakland, CA 94606 21 22 23 Michael Cosentino, Counsel for the United States P.O. Box 129 Alameda, CA 94501 24 Please note that the attached form Answer contains a certificate of service which 25 needs to be completed by the person mailing the copies of the answer to the debtor 26 and the attorney for the United States, and which needs to be filed along with the 27 Answer. 28 Writ of Continuing Garnishment cand C01-1861 M 3 1 IF YOU FAIL TO ANSWER THIS WRIT OR FAIL TO WITHHOLD PROPERTY 2 IN ACCORDANCE WITH THIS WRIT, THE UNITED STATES MAY PETITION THE 3 COURT FOR AN ORDER REQUIRING YOU TO APPEAR BEFORE THE COURT TO 4 ANSWER THE WRIT AND TO WITHHOLD PROPERTY IN ACCORDANCE WITH 5 THE WRIT BEFORE THE APPEARANCE DATE. IF YOU FAIL TO APPEAR OR DO 6 APPEAR AND FAIL TO SHOW GOOD CAUSE WHY YOU FAILED TO COMPLY 7 WITH THIS WRIT, THE COURT WILL ENTER A JUDGMENT AGAINST YOU FOR 8 THE VALUE OF THE DEBTOR’S NONEXEMPT INTEREST IN SUCH PROPERTY 9 (INCLUDING NONEXEMPT DISPOSABLE EARNINGS). THE COURT MAY ALSO 10 AWARD A REASONABLE ATTORNEY’S FEE TO THE UNITED STATES AND 11 AGAINST YOU IF THE WRIT IS NOT ANSWERED WITHIN THE TIME SPECIFIED 12 HEREIN AND IF THE UNITED STATES FILES A PETITION REQUIRING YOU TO 13 APPEAR. 14 15 SUSAN Y. SOONG, Clerk United States District Court for the Northern District of California 16 17 1/13/2017 Dated: _____________ By: Deputy Clerk Mark Romyn 18 19 20 21 22 23 24 25 26 27 28 Writ of Continuing Garnishment cand C01-1861 M 4 1 DO NOT WITHHOLD THE EXEMPT PORTION OF THE EMPLOYEE'S EARNINGS 2 3 4 5 6 7 8 9 1. Earnings include any money (whether called wages, salary, commissions, bonuses, or anything else) paid for personal services, pension, or retirement. Vacation or sick pay is earnings subject to withholding as it is received by the employee. 2. Disposable earnings are different from gross pay or take-home pay. They are the earnings left after deducting the part which state or federal law requires an employer to withhold as mandatory deductions. Generally, these mandatory deductions are federal income tax, social security (FICA) tax, state income tax, state disability insurance, and payments to public employee retirement systems. Disposable earnings can change from pay period to pay period, whenever gross pay or required deductions change. To determine earnings that1 are eligible for withholding, and therefore must be withheld, see the chart below. 10 11 12 USE THE CHART BELOW TO DETERMINE NONEXEMPT DISPOSABLE EARNINGS AND THE APPLICABLE WITHHOLDING AMOUNT1 : Pay Period: Weekly or oftener Every 2 weeks Twice a month Once a month Disposable $ 0 to earnings: $217.50 $ 0 to $435.00 $ 0 to $471.25 $ 0 to $942.50 13 14 15 Withhold: Nothing (entire earnings are exempt) 16 17 18 Disposable $217.51 to earnings: $290.00 $435.01 to $580.00 $471.26 to $628.33 $942.51 to $1,256.67 19 Withhold: Amt. over $435.00 Amt. over $471.25 Amt. over $942.50 $580.01 or more $628.34 or more $1,256.68 or more Amt. over $217.50 20 21 22 Disposable $290.01 earnings: or more 23 Withhold: 25% of disposable earnings (balance is exempt) 24 25 26 27 1 28 Based on the Federal Minimum Wage Earnings of $7.25 an hour, effective 07/24/2009 Writ of Continuing Garnishment cand C01-1861 M 5 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 UNITED STATES OF AMERICA, ) ) Case No. C01-1861 M Plaintiff, ) v. ) ) LEAGUN JAMES, JR., ) aka JAMES LEAGUN, ) ) Defendant, ) ) and ) OAKLAND UNIFIED ) SCHOOL DISTRICT, ) ANSWER OF GARNISHEE ) Garnishee. ) ________________________________) 19 20 I, _______________________, being first duly sworn, hereby state the following: 21 1. I am the ____________________________ (Of ficial Title) of the Garnishee 22 named in the above caption. I am authorized to prepare this Answer on behalf of the 23 Garnishee. 24 25 26 27 28 2. The Garnishee was served with the Writ of Continuing Garnishment on ____________________ (date) in this action. 3. The Garnishee currently has custody, control, or possession of earnings of the Defendant. Yes____ No____ 4. The Garnishee expects to obtain custody, control, or possession of earnings 1 2 3 of the Defendant in the foreseeable future. Yes____ No____ 5. For the pay period in effect on the date of service of this Writ of Continuing Garnishment, the Garnishee states as follows: 4 a. Defendant was in my/our employ. Yes____ No____ 5 b. The Defendant’s pay period is ____ weekly, ____ bi-weekly, 6 7 ____ semi-monthly, ____ monthly. c. The Defendant’s present pay period began on _______________ (date). (“Present” means the pay period in which the Writ of Continuing Garnishment was served.) 9 d. The Defendant’s present pay period ends on ________________ (date). 10 e. The Defendant’s net wages are as calculated below: 8 11 (1) Gross Pay 12 (2) Federal income tax $______________ 13 (3) F.I.C.A. tax $______________ 14 (4) State income tax $______________ 15 (5) SDI $______________ 16 $______________ Total tax withholdings $______________ 17 18 Net Wages (gross pay minus above withheld taxes) $______________ 19 6. Are there any other garnishments currently in effect? Yes ____ No ____ 20 If the answers is yes, describe below and attach to this Answer a copy of each 21 garnishment: 22 ____________________________________________________________________ 23 ____________________________________________________________________ 24 ____________________________________________________________________ 25 7. Will the Garnishee owe the Defendant money in the foreseeable future? 26 Yes ____ No____ If the answer is yes, provide the reason why such money will be 27 owed, the amount of money that will be owed, and the date or dates on which each 28 2 1 payment will be due: 2 3 Type of Payment Amount Date Payment Will be Due 4 1.________________________ _____________ _____________ 5 2.________________________ _____________ _____________ 6 3.________________________ _____________ _____________ 7 8. Does the Garnishee currently have custody, control or possession of property 8 (other than earnings) such as bank accounts, pensions, thrift plans, etc., in which the 9 Defendant maintains an interest? Yes____ No____ If the answer is yes, then 10 provide the following information for each item of such property: 11 12 Description of Property Approximate Value Description of Defendant’s Interest 13 1.________________________ _____________ _____________ 14 2.________________________ _____________ _____________ 15 3.________________________ _____________ _____________ 16 4.________________________ _____________ _____________ 17 9. Does the Garnishee expect to obtain in the foreseeable future custody, 18 control or possession of property (other than earnings) such as bank accounts, 19 pensions, thrift plans, etc., in which the Defendant maintains an interest? Yes____ 20 No____ If the answer is yes, then provide the following information for each item of 21 such property: 22 23 Description of Property 24 2. 26 3. 27 Description of Defendant’s Interest Date Will Obtain Property 1. 25 Approximate Value 4. 28 3 1 10. Does the Garnishee have any objections or defenses to the Writ of 2 Continuing Garnishment? Yes____ No____ If the answer is yes, list the nature 3 and basis of each objection and/or defense: 4 ____________________________________________________________________ 5 ____________________________________________________________________ 6 ____________________________________________________________________ 7 ____________________________________________________________________ 8 ____________________________________________________________________ 9 On behalf of OAKLAND UNIFIED SCHOOL DISTRICT, I hereby certify under 10 penalty of perjury under the laws of the United States of America that the foregoing is 11 true and correct. 12 13 Telephone #______________________ 14 15 Fax # ______________________ 16 17 18 Dated: ______________ By: _____________________________ 19 (Sign above and type or print name below) 20 21 22 23 24 25 26 27 28 4 1 2 CERTIFICATE OF SERVICE 3 I, ______________________________, declare: 4 That I am a citizen of the United States and employed in the County of 5 __________________, California; that my business address is 6 __________________________________________________________; that I am 7 over the age of eighteen years; and that I am not a party to the above-entitled action; 8 9 That on _________________ (date), I deposited in the United States m ail, in envelopes bearing the requisite postage, a copy of: 10 ANSWER OF GARNISHEE 11 addressed to each of the following, at their last known addresses, at which place there 12 is service by United States mail. 13 LEAGUN JAMES, JR., aka JAMES LEAGUN 615 E 18th Street, Apt. 1 Oakland, CA 94606 14 15 16 Michael Cosentino Counsel for the United States P.O. Box 129 Alameda, CA 94501 17 18 19 20 This Certificate was executed on _____________________ (date), at ________________________ (city), California. I certify under penalty of perjury that the foregoing is true and correct. 21 22 ________________________________ 23 (sign above and type or print name below) 24 25 26 27 28

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