United States of America v. Hashemi

Filing 22

WRIT OF GARNISHMENT issued (msr, COURT STAFF) (Filed on 6/6/2017)

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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. CV05-80273 M MAG 12 Plaintiff, 13 14 v. KEYVAN HASHEMI, 15 Defendant, 16 WRIT OF CONTINUING GARNISHMENT and 17 AZ DENTAL CORPORATION, 18 Garnishee. _______________________________/ 19 20 21 TO: Payroll Department AZ DENTAL CORPORATION 1095 E. Brokaw Road, Suite 40 San Jose, CA 95131 22 23 YOU ARE HEREBY COMMANDED TO GARNISH FOR THE BENEFIT OF 24 THE UNITED STATES OF AMERICA THE WAGES, SALARY, OR COMMISSION IN 25 YOUR CUSTODY, CONTROL, OR POSSESSION IN WHICH THE DEFENDANT- 26 JUDGMENT DEBTOR HAS AN OWNERSHIP INTEREST. 27 28 The name, SSN XXX-XX-3443, and last known address of the person who is the defendant-judgment debtor (hereinafter “debtor”) in this action and whose property 1 is subject to this Writ are as follows: 2 3 KEYVAN HASHEMI 2735 Buena View Court San Jose, CA 95121 4 This Writ has been issued by stipulation between Keyvan Hashemi and the 5 United States of America to enforce the collection of a civil judgment entered in favor 6 of the United States against the debtor for a defaulted student loan in the amount of 7 $67,536.07. There is a balance of $61,889.10 due on the judgment, which amount 8 includes costs and interest computed through May 26, 2017. 9 The following are the steps that you, garnishee, AZ DENTAL CORPORATION, 10 must take to comply with this Writ. If you have any questions, you should consult with 11 your attorney. 12 Pursuant to the Stipulated Order Granting Issuance of Writ of Continuing 13 Garnishment, and Stipulated Order of Continuing Garnishment, 14 1) 15 16 garnishee, AZ DENTAL CORPORATION, is not required to serve or file an ANSWER to this Writ; 2) garnishee, AZ DENTAL CORPORATION, shall withhold $500.00 each semi- 17 monthly pay period from Judgment Debtor’s non-exempt disposable income, 18 commencing immediately upon service by facsimile transmission of this Writ of 19 Continuing Garnishment and of the Order of Continuing Garnishment upon the 20 garnishee until the entire current judgment balance in the amount of 21 $61,889.10 as of May 26, 2017, plus interest compounded annually pursuant to 22 11 USC §1961(b) at the rate of 2.070 % per annum, has been paid in full or 23 until the garnishee no longer has custody, possession or control of any property 24 belonging to the debtor or until further Order of this court; 25 3) garnishee, AZ DENTAL CORPORATION, shall immediately remit to the United 26 States Department of Justice the above mentioned payments, and as and for 27 each semi-monthly pay period to: 28 US Department of Justice-NCIF Writ of Continuing Garnishment, by stipulation of the parties cand CV05-80273 M MAG 2 1 PO Box 790363 St. Louis, MO 631179-0363; 2 Judgment debtor’s name and CDCS # 2006A71999 shall be placed on 3 4 5 4) each check submitted; /// /// commencing June 21, 2018, garnishee, AZ DENTAL CORPORATION, shall 6 withhold 25% of each semi-monthly pay period from Judgment Debtor’s non- 7 exempt disposable income, until the entire current judgment balance in the 8 amount of $61,889.10 as of May 26, 2017, plus interest compounded annually 9 pursuant to 11 USC §1961(b) at the rate of 2.070% per annum, has been paid 10 in full or until the garnishee no longer has custody, possession or control of any 11 property belonging to the debtor or until further Order of this court, unless the 12 parties stipulate otherwise. 13 IF YOU FAIL TO WITHHOLD PROPERTY IN ACCORDANCE WITH THIS 14 WRIT, THE UNITED STATES MAY PETITION THE COURT FOR AN ORDER 15 REQUIRING YOU TO APPEAR BEFORE THE COURT TO ANSWER THE WRIT 16 AND TO WITHHOLD PROPERTY IN ACCORDANCE WITH THE WRIT BEFORE 17 THE APPEARANCE DATE. IF YOU FAIL TO APPEAR OR DO APPEAR AND FAIL 18 TO SHOW GOOD CAUSE WHY YOU FAILED TO COMPLY WITH THIS WRIT, THE 19 COURT WILL ENTER A JUDGMENT AGAINST YOU FOR THE VALUE OF THE 20 DEBTOR’S NONEXEMPT INTEREST IN SUCH PROPERTY (INCLUDING 21 NONEXEMPT DISPOSABLE EARNINGS). THE COURT MAY ALSO AWARD A 22 REASONABLE ATTORNEY’S FEE TO THE UNITED STATES AND AGAINST YOU 23 IF THE WRIT IS NOT ANSWERED WITHIN THE TIME SPECIFIED HEREIN AND IF 24 THE UNITED STATES FILES A PETITION REQUIRING YOU TO APPEAR. 25 SUSAN Y. SOONG, Clerk United States District Court for the Northern District of California 26 27 6/6/2017 Dated: _____________ 28 By: Deputy Clerk Writ of Continuing Garnishment, by stipulation of the parties cand CV05-80273 M MAG Mark Romyn 3

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