Federal Trade Commission v. Inc21.com Corporation et al

Filing 234

WRIT OF Continuing GARNISHMENT issued against Kerry Krisher (dtm, COURT STAFF) (Filed on 9/5/2012)

Case3:10-cv-00022-WHA Document231-3 Filed0?/27/12 Pagel of 9

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Douglas V. Wolfe
Sandhya P. Brown
600 Pennsylvania A venue, NW
Mailstop M -81 02 B
Washington, DC 20580
Telephone: [phone], -2040
Fax: [phone]
Email: [e-mail], [e-mail]

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Local Counsel
Kerry O'Brien (CSBN 149264)
901 Market Street, Suite 570
San Francisco, CA 94103
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Plaintiff
Federal Trade Commission
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
San Francisco Division

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FEDERAL TRADE COMMISSION,

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Plaintiff,

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v.

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INC2l.com CORPORATION, et al.,

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Defendants.

Case No. CV I 0-00022
WRIT OF CONTINUING
GARNISHMENT

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KERRY KRISHER, LIQUIDATING
TRUSTEE, IN RE: OLD T.B.R.,
IN CORPORA TED,

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Garnishee.

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TO:

Kerry Krisher
Liquidating Trustee of
Old T.B.R., Incorporated,ftk/a The Billing Resource, dba Integretel
GlassRatner Advisory & Capital Group LLC
19800 MacArthur Blvd
Suite 820
Irvine, CA 92612

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YOU ARE HEREBY COMMANDED TO GARNISH FOR THE BENEFIT OF THE

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UNITED STATES OF AMERICA PROPERTY IN YOUR CUSTODY, CONTROL, OR
WRIT OF CONTINUING GARNISHMENT
CV I 0-00022 W HA

Case3:10-cv-00022-WHA Document231-3 Filed0?/27/12 Page2 of 9

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POSSESSION IN WHICH THE DEFENDANT-JUDGMENT DEBTOR HAS A

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SUBSTANTIAL NONEXEMPT INTEREST.

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The name, last known address of the person who is the defendant-judgment debtor
("defendant") in this action and whose property is subject to this Writ are as follows:

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Inc21.com Corporation
785 Market Street
Suite 900
San Francisco, California 94103

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This Writ has been issued at the request of the Federal Trade Commission to enforce the

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collection of a judgment entered in its favor against the defendant for a debt in the original

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amount of$37,970,929.57. There is a balance due of approximately $33,097,999.18, through

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July 27, 2012.

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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.

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I. Pursuant to 28 U.S.C. § 3205(c)(2)(F), if you have in your custody, control, or

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possession any property of the debtor, including any banking accounts, in which the debtor has a

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substantial nonexempt interest, or if you obtain custody, control, or possession of such property

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while this Writ is in effect, you must immediately withhold such property from the debtor and

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retain it in your possession until you receive instructions from the Court which will tell you what

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to do with the property.

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2. Pursuant to 28 U.S.C. § 3205(c)(2)(E), you are required to answer this Writ within 10

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days after service of this Writ upon you. You must answer the Writ even if you do not have in

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your custody, control, or possession any property of the debtor. Pursuant to 28 U.S.C. §

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3205(c)(4), your answer must state, under oath, the following information:

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a.

whether or not you have in your custody, control, or possession, any property

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owned by the debtor in which the debtor has a substantial nonexempt interest,

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including nonexempt disposable earnings;

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b.

a description of such property and the value of such property;

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c.

a description of any previous garnishments to which such property is subject

WRIT OF CONTINUING GARNISHMENT
CV I 0-00022 W HA

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Case3:10-cv-00022-WHA Document231-3 Filed0?/27/12 Page3 of 9

and the extent to which any remaining property is not exempt; and

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d.

the amount of the debt you anticipate owing to the debtor in the future and

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whether the period for payment will be weekly or another specified period.

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For your convenience, a form which addresses the above-requested information is attached and

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may be used to answer the Writ.

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3. After you complete the answer under oath, pursuant to 28 U.S.C. § 3205(c)(2)(E) and

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(c)(4 ), within ten (1 0) days after service of this Writ upon you, you must mail or deliver the

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original answer bearing the original signature of the person preparing the answer to the Court at

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the following address:

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Clerk, United States District Court
450 Golden Gate A venue, 16th Floor
P.O. Box 36060
San Francisco, CA 94102

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At the same time you mail or deliver the original answer to the Court, you must also mail or

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deliver a copy of the original answer to both the debtor and attorney for the Federal Trade

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Commission at the following respective addresses:

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Douglas V. Wolfe
Attorney, Federal Trade Commission
600 Pennsylvania Ave., N.W.
Suite M-8102 B
Washington, DC 20580

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Wayne R. Gross
Attorney for Inc2l.com Corporation
Greenberg Traurig, LLP
3161 Michelson Drive
Suite 1000
Irvine, CA 92612
Joel R. Dichter
Attorney for Inc2l.com Corporation
Dichter Law, LLC
488 Madison Avenue
1O'h Floor
New York, NY 10022.

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Please note that the attached form answer contains a certificate of service which needs to be

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completed by the person mailing the copies of the answer to the debtor and the attorney for the

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United States, and which needs to be filed with the Court along with the answer.
WRIT OF CONTINUING GARNISHMENT
CV 10-00022 WHA

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Case3:10-cv-00022-WHA Document231-3 Filed07/27/12 Page4 of 9

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IF YOU FAIL TO ANSWER THIS WRIT OR FAIL TO WITHHOLD PROPERTY

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IN ACCORDANCE WITH THIS WRIT, THE FEDERAL TRADE COMMISSION MAY

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PETITION THE COURT FOR AN ORDER REQUIRING YOU TO APPEAR BEFORE

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THE COURT TO ANSWER THE WRIT AND TO WITHHOLD PROPERTY IN

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ACCORDANCE WITH THE WRIT BEFORE THE APPEARANCE DATE. IF YOU

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FAIL TO APPEAR OR DO APPEAR AND FAIL TO SHOW GOOD CAUSE WHY YOU

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FAILED TO COMPLY WITH THIS WRIT, THE COURT WILL ENTER A JUDGMENT

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AGAINST YOU FOR THE VALUE OF THE DEBTOR'S NONEXEMPT INTEREST IN

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SUCH PROPERTY (INCLUDING NONEXEMPT DISPOSABLE EARNINGS). THE

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COURT MAY ALSO AWARD A REASONABLE ATTORNEY'S FEE TO THE

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FEDERAL TRADE COMMISSION AND AGAINST YOU IF THE WRIT IS NOT

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ANSWERED WITHIN THE TIME SPECIFIED HEREIN AND IF THE FEDERAL

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TRADE COMMISSION FILES A PETITION REQUIRING YOU TO APPEAR.

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RICHARD W. WIEKING,
Clerk of the United States
District Court for the N orthem
Dist~/-4' California

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Dated:

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By:

M~

Deputy Clerk

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WRIT OF CONTINUING GARNISHMENT
CV 10-00022 WHA

DOUG MERR

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