United States Of America v. Loya

Filing 22

STIPULATION AND ORDER CONTINUING GARNISHMENT. Signed by Judge Elizabeth D. Laporte on 1/6/14. (lrc, COURT STAFF) (Filed on 1/8/2014)

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Case3:11-cv-01123-EDL Document20 Filed12/27/13 Page1 of 3 MICHAEL COSENTINO, State Bar No. 83253 Attorney at Law P.O. Box 129 Alameda, CA 94501 Telephone: (510) 523-4702 Facsimile: (510) 747-1640 Attorney for Plaintiff United States of America IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA, NO. CV11-01123 SLM Plaintiff, v. STIPULATED ORDER OF CON'rINUING GARNISHMENT NORBERTO J. LOYA aka NORBERTO LOYA, Defendant, and BANNER HEALTH SYSTEMS, Garnishee. I 1 IT IS HEREBY STIPULATED by and between Judgment Creditor, United States of (America, and Judgment Debtor, NORBERTO J. LOYA aka NORBERTO LOYA, that 1 garnishee, BANNER HEALTH SYSTEMS, withhold $388.00 monthly from Judgment Debtor's non-exempt disposable income, commencing with the immediate pay period, until the entire I current judgment balance in theamount of $13,845.61 as of December 11,2013, plus interest, has been paid in full or until the garnishee no longer has custody, possession or control of any property belonging to the debtor or until further Order of this court. IT IS HEREBY FURTHER STIPULATED that BANNER HEALTH SYSTEMS, I Garnishee, immediately remittothe United States Department of Justicetheabove mentioned . STIPULATED GARNISHMENT ORDER, US v. LOYA CAND # CV 11-01123 SLM 1 Case3:11-cv-01123-EDL Document20 Filed12/27/13 Page2 of 3 payment, and as and for each month thereafter. IT IS HEREBY FURTHER STIPULATED that said payments be made payable to the U.S. Department of Justice, and be mailed to the Department of Justice-NCIF, P.O. Bo) 790363, St. Louis, MO 63179-0363, referencing the judgment debtor's name and CDCS Clairr number 2010A87732 on each check for posting purposes. IT IS HEREBY FURTHER STIPULATED that judgment debtor, upon request by mai from judgment creditor to judgment debtor, shall submit a financial statement to judgmeni creditor annually, the form of which shall be mailed to judgment debtor by judgment creditor IT IS HEREBY FURTHER STIPULATED that in accordance with the provisions of Title 28 U.S.C. Section 636(c) the parties hereby voluntarily waive their rights to proceed before a judge of the United States District Court and consent to have a United States magistratejudge conduct any and all further proceedings in the case. It is understood that any appeal from an order entered by a magistrate judge will be taken directly to the Ninth Circuit of the United States Court of Appeals in the same manner as an appeal from any other judgment of a District Court. By hislher signature hereafter, NORBERTO J. LOYA aka NORBERTO LOYA acknowledges that helshe has read, understands and waives all of hislher rights under the CLERK'S NOTICE OF POST-JUDGMENT GARNISHMENT AND INSTRUCTIONS TO DEFENDANT; REQUEST FORHEARING FORM; OBJECTIONTO GARNISHEE'SANSWER AND REQUEST FOR HEARING FORM; NOTICE ON HOW TO CLAIM EXEMPTION; CLAIM FOR EXEMPTION FORM and the WRlT OF CONTINUING GARNISHMENT and the 4PPLICATION FOR WRlT OF CONTINUING GARNISHMENT and the GARNISHEE'S ANSWER and GARNISHEE'S ANSWER in exchange for the herein VI VI VI VI YI jTlPULATED GARNISHMENT ORDER, US v. LOYA , CAND # CV 11-01123 SLM 2 27 2013 1:28PM THE UPS STORE 8 5 4 4 0 62393 5582 Case3:11-cv-01123-EDL Document20 Filed12/27/13 0 Page3 of 3 P-4 j ! j j Dated: December 12,2013 I ; I I 1/6/14 1 ! ! ! i I ! STIPULATED GARNISHMENT ORDER, US v.

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