United States of America v. Edalati

Filing 11

WRIT OF GARNISHMENT issued against Payroll Department of Vallejo Dental Associates (fj, COURT STAFF) (Filed on 3/11/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MICHAEL COSENTINO SBN 83253 ATTORNEY AT LAW PO BOX 129 ALAMEDA, CA 94501 Telephone: (510) 523-4702 COUNSEL FOR THE UNITED STATES OF AMERICA, PLAINTIFF IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) BAHMAN T. EDALATI, ) ) Defendant, ) ) and ) ) VALLEJO DENTAL ASSOCIATES, ) ) Garnishee. ) _______________________________ ) TO: Payroll Department VALLEJO DENTAL ASSOCIATES 475 REDWOOD STREET, SUITE # 30 VALLEJO, CA 94590 YOU ARE HEREBY COMMANDED TO GARNISH FOR THE BENEFIT OF THE UNITED STATES OF AMERICA THE WAGES, SALARY, OR COMMISSION IN YOUR CUSTODY, CONTROL, OR POSSESSION IN WHICH THE DEFENDANTJUDGMENT DEBTOR HAS AN OWNERSHIP INTEREST. The name and last known address of the person who is the defendantjudgment debtor (hereinafter "debtor") in this action and whose property is subject to this Writ are as follows: Case No. C06-80206 MISC WRIT OF CONTINUING GARNISHMENT 1 2 3 BAHMAN T. EDALATI 112 TRACY COURT ALAMO, CA 94507 This Writ has been issued at the request of the United States of America to 4 enforce the collection of a civil judgment entered in favor of the United States against 5 the debtor for a defaulted student loan in the amount of $49,184.58. There is a 6 balance of $72,466.77 due on the judgment, which amount includes costs and interest 7 computed through 02/06/09. 8 The following are the steps that you must take to comply with this Writ. If you 9 have any questions, you should consult with your attorney. 10 1. Pursuant to 28 U.S.C. 3205(c)(2)(F), if you have in your custody, control, 11 or possession any property of the debtor, including wages, salary, or commissions, in 12 which the debtor has a substantial nonexempt interest, or if you obtain custody, 13 control, or possession of such property while this Writ is in effect, you must 14 immediately withhold such property from the debtor and retain it in your possession 15 until you receive instructions from the Court which will tell you what to do with the 16 property. The United States has requested that the sum of 25% of the debtor's 17 disposable earnings, which under California law represents the nonexempt portion of 18 the debtor's earnings, be withheld from the defendant's earnings. 19 2. Pursuant to 28 U.S.C. 3205(c)(2)(E), you are required to answer this Writ 20 within 10 days after service of this Writ upon you. You must answer the Writ even if 21 you do not have in your custody, control, or possession any property of the debtor. 22 Pursuant to 28 U.S.C. 3205(c)(4), your answer must state, under oath, the following 23 information: 24 a. 25 property owned by the debtor in which the debtor has a substantial 26 nonexempt interest, including nonexempt, disposable earnings; 27 28 W rit of Continuing Garnishment cand C06-80206 MISC W hether or not you have in your custody, control, or possession, any 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. c. a description of such property and the value of such property; a description of any previous garnishments to which such property is subject and the extent to which any remaining property is not exempt; and d. the amount of the funds you anticipate owing to the debtor in the future and whether the period for payment will be weekly or another specified period. 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. 3205(c)(2)(E) & (c)(4), within ten (10) days after service of this Writ upon you, you must mail or deliver the original Answer bearing the original signature of the person preparing the answer to the Court at the following address: Clerk, United States District Court 450 Golden Gate Avenue, 16th Floor P. O. Box 36060 San Francisco, CA 94102 At the same time that you mail or deliver the original answer to the Court, you must also mail or deliver a copy of the original Answer to both the debtor and attorney for the United States at the following respective addresses: BAHMAN T. EDALATI 112 TRACY COURT ALAMO, CA 94507 Michael Cosentino, Attorney at Law P.O. Box 129 Alameda, CA 94501 Please note that the attached form Answer contains a certificate of service which needs to be completed by the person mailing the copies of the answer to the debtor and the attorney for the United States, and which needs to be filed along with the Answer. W rit of Continuing Garnishment cand C06-80206 MISC 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 DO NOT WITHHOLD THE EXEMPT PORTION OF THE EMPLOYEE'S EARNINGS 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. USE THE CHART BELOW TO DETERMINE NONEXEMPT DISPOSABLE EARNINGS AND THE APPLICABLE WITHHOLDING AMOUNT1 : Pay Period: Weekly or oftener Disposable $ 0 to earnings: $199.50 Withhold: Every 2 weeks $ 0 to $399.00 Tw ice a month $ 0 to $432.25 Once a month $ 0 to $864.50 Nothing (entire earnings are exempt) Disposable $199.51 to earnings: $266.00 Withhold: Amt. over $199.50 $399.01 to $532.00 Amt. over $399.00 $432.26 to $576.33 Amt. over $432.25 $864.51 to $1,152.67 Amt. over $864.50 19 20 21 22 Withhold: 23 24 25 26 27 28 1 Disposable $266.01 earnings: or more $532.01 or more $576.34 or more $1,152.68 or more 25% of disposable earnings (balance is exempt) Based on the Federal Minimum Wage Earnings of $6.55 an hour, effective 07/24/2008 W rit of Continuing Garnishment cand C06-80206 MISC 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, _______________________, being first duly sworn, hereby state the following: 1. I am the ____________________________ (Official Title) of the Garnishee named in the above caption. I am authorized to prepare this Answer on behalf of the Garnishee. 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 UNITED STATES OF AMERICA, ) ) Case No. C06-80206 MISC Plaintiff, ) ) v. ) ) BAHMAN T. EDALATI, ) ) Defendant, ) ) and ) ) VALLEJO DENTAL ASSOCIATES, ) ANSWER OF GARNISHEE ) Garnishee. ) ________________________________) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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: a. b. Defendant was in my/our employ. Yes____ No____ The Defendant's pay period is ____ weekly, ____ bi-weekly, ____ 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.) The Defendant's present pay period ends on ________________ (date). The Defendant's net wages are as calculated below: (1) Gross Pay (2) Federal income tax (3) F.I.C.A. tax (4) State income tax (5) SDI $______________ $______________ $______________ $______________ $______________ Total tax withholdings Net Wages (gross pay minus above withheld taxes) $______________ $______________ d. e. 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. W ill the Garnishee owe the Defendant money in the foreseeable future? 26 Yes ____ No____ 27 owed, the amount of money that will be owed, and the date or dates on which each 28 2 If the answer is yes, provide the reason why such money will be 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 payment will be due: Type of Payment 1.________________________ 2.________________________ 3.________________________ Date Payment W ill be Due _____________ _____________ _____________ Amount _____________ _____________ _____________ 8. Does the Garnishee currently have custody, control or possession of property (other than earnings) such as bank accounts, pensions, thrift plans, etc., in which the Defendant maintains an interest? Yes____ No____ If the answer is yes, then provide the following information for each item of such property: Description of Property 1.________________________ 2.________________________ 3.________________________ 4.________________________ Approximate Value _____________ _____________ _____________ _____________ Description of Defendant's Interest _____________ _____________ _____________ _____________ 9. Does the Garnishee expect to obtain in the foreseeable future custody, control or possession of property (other than earnings) such as bank accounts, pensions, thrift plans, etc., in which the Defendant maintains an interest? Yes____ No____ If the answer is yes, then provide the following information for each item of such property: Description of Property 1. 2. 3. 4. Approximate Value Description of Defendant's Interest Date Will Obta in Property 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. Does the Garnishee have any objections or defenses to the Writ of Continuing Garnishment? Yes____ No____ If the answer is yes, list the nature and basis of each objection and/or defense: ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ On behalf of VALLEJO DENTAL ASSOCIATES, I hereby certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Dated: ______________ By: _____________________________ (Sign above and type or print name below) 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE I, ______________________________, declare: That I am a citizen of the United States and employed in the County of __________________, California; that my business address is __________________________________________________________; that I am over the age of eighteen years; and that I am not a party to the above-entitled action; That on _________________ (date), I deposited in the United States mail, in envelopes bearing the requisite postage, a copy of: ANSWER OF GARNISHEE addressed to each of the following, at their last known addresses, at which place there is service by United States mail. BAHMAN T. EDALATI 112 TRACY COURT ALAMO, CA 94507 Michael Cosentino Attorney at Law P.O. Box 129 Alameda, CA 94501 This Certificate was executed on _____________________ (date), at ________________________ (city), California. I certify under penalty of perjury that the foregoing is true and correct. ________________________________ (sign above and type or print name below)

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