United States Of America v. Christian

Filing 99

WRIT OF GARNISHMENT issued to First Dental Health. (Attachments: # 1 Supplement Separate Instructions)(msrS, COURT STAFF) (Filed on 4/18/2019)

1
2

MICHAEL COSENTINO State Bar No. 83253
Counsel for the United States
P.O. Box 129
Alameda, CA 94501

3
4
5

Telephone: [phone]
Facsimile: [phone]
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. C11-04167 DMR

12

Plaintiff,

13
14

v.
ROY P. CHRISTIAN
aka ROY PAUL CHRISTIAN, DDS.,

15
Defendant,

WRIT OF CONTINUING
GARNISHMENT

16
and
17
FIRST DENTAL HEALTH,
18
19

Garnishee.
_______________________________/

20

TO:

21

FIRST DENTAL HEALTH
C/O CSC-Lawyers Incorporating Service
711 High Street
Des Moines, IA 50392

22
23

YOU ARE HEREBY COMMANDED TO GARNISH FOR THE BENEFIT OF

24

THE UNITED STATES OF AMERICA ANY PROPERTY, INCLUDING DENTAL

25

INSURANCE PAYMENTS, IN YOUR CUSTODY, CONTROL, OR POSSESSION IN

26

WHICH THE DEFENDANT-JUDGMENT DEBTOR HAS AN OWNERSHIP

27

INTEREST.

28

The name, SSN XXX-XX-5491, 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

ROY P. CHRISTIAN aka ROY PAUL CHRISTIAN, DDS.
112 Amber Oak Court
Los Gatos, CA 95032

5

and

6
7

ROY P. CHRISTIAN aka ROY PAUL CHRISTIAN, DDS
20480 Blauer Drive, Suite B
Saratoga, CA 95070

8

This Writ has been issued at the request of the United States of America to

9

enforce the collection of a civil judgment entered in favor of the United States against

10

the debtor for a defaulted student loan in the amount of $75,588.41. There is a

11

balance of $68,346.63 due on the judgment, which amount includes costs and interest

12

computed through April 11, 2019; interest continues to accrue until paid in full.

13
14
15

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

16

or possession any property of the debtor, including dental insurance payments, in

17

which the debtor has a substantial nonexempt interest, or if you obtain custody,

18

control, or possession of such property while this Writ is in effect, you must

19

immediately withhold such property from the debtor and retain it in your possession

20

until you receive instructions from the Court which will tell you what to do with the

21

property. The United States has requested that the sum of all dental insurance

22

payments, be withheld from the defendant to be paid to the United States.

23

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

24

within 10 days after service of this Writ upon you. You must answer the Writ even if

25

you do not have in your custody, control, or possession any property, including Dental

26

Insurance Payments, of the debtor. Pursuant to 28 U.S.C. § 3205(c)(4), your answer

27

must state, under oath, the following information:

28
Writ of Continuing Garnishment cand C11-04167 DMR

2

1

a.

Whether or not you have in your custody, control, or possession, any

2

property owned by the debtor in which the debtor has a substantial

3

nonexempt interest, including nonexempt Dental Insurance Payments;

4

b.

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

5

c.

a description of any previous garnishments to which such property is

6

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

7

and

8
9
10

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.

11

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

12

attached and may be used to Answer the Writ.

13

3. After you complete the answer under oath, pursuant to 28 U.S.C. §

14

3205(c)(2)(E) & (c)(4), within ten (10) days after service of this Writ upon you, you

15

must mail or deliver the original Answer bearing the original signature of the person

16

preparing the answer to the Court at the following address:

17
18

Civil Clerk, United States District Court
450 Golden Gate Avenue, 16th Floor
San Francisco, CA 94102

19

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

20

also mail or deliver a copy of the original Answer to both the debtor and attorney for

21

the United States at the following respective addresses:

22

ROY P. CHRISTIAN aka ROY PAUL CHRISTIAN, DDS.
112 Amber Oak Court
Los Gatos, CA 95032

23
24
25
26

ROY P. CHRISTIAN aka ROY PAUL CHRISTIAN, DDS
20480 Blauer Drive, Suite B
Saratoga, CA 95070

27

Michael Cosentino, Counsel for the United States
P.O. Box 129
Alameda, CA 94501

28

Please note that the attached form Answer contains a certificate of service which
Writ of Continuing Garnishment cand C11-04167 DMR

3

1

needs to be completed by the person mailing the copies of the answer to the debtor

2

and the attorney for the United States, and which needs to be filed along with the

3

Answer.

4

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

5

IN ACCORDANCE WITH THIS WRIT, THE UNITED STATES MAY PETITION THE

6

COURT FOR AN ORDER REQUIRING YOU TO APPEAR BEFORE THE COURT TO

7

ANSWER THE WRIT AND TO WITHHOLD PROPERTY IN ACCORDANCE WITH

8

THE WRIT BEFORE THE APPEARANCE DATE. IF YOU FAIL TO APPEAR OR DO

9

APPEAR AND FAIL TO SHOW GOOD CAUSE WHY YOU FAILED TO COMPLY

10

WITH THIS WRIT, THE COURT WILL ENTER A JUDGMENT AGAINST YOU FOR

11

THE VALUE OF THE DEBTOR’S NONEXEMPT INTEREST IN SUCH PROPERTY

12

(INCLUDING NONEXEMPT DISPOSABLE EARNINGS). THE COURT MAY ALSO

13

AWARD A REASONABLE ATTORNEY’S FEE TO THE UNITED STATES AND

14

AGAINST YOU IF THE WRIT IS NOT ANSWERED WITHIN THE TIME SPECIFIED

15

HEREIN AND IF THE UNITED STATES FILES A PETITION REQUIRING YOU TO

16

APPEAR.

17
18

SUSAN Y. SOONG, Clerk
United States District Court
for the Northern District of California

19
20

4/18/2019
Dated: _____________

By:
Deputy Clerk Mark Romyn

21
22
23
24
25
26
27
28
Writ of Continuing Garnishment cand C11-04167 DMR

4

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. C11-04167 DMR
Plaintiff,
)
)
v.
)
)
ROY P. CHRISTIAN
)
aka ROY PAUL CHRISTIAN, DDS.,
)
)
Defendant, )
)
and
)
)
FIRST DENTAL HEALTH,
)
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 Dental
Insurance Payments payable to the Defendant. Yes____ No____
4. The Garnishee expects to obtain custody, control, or possession of Dental
Writ of Continuing Garnishment cand C11-04167 DMR

5

1

Insurance Payments payable to the Defendant in the foreseeable future. Yes____

2

No____

3

5. N/A

4

6. Are there any other garnishments currently in effect? Yes ____ No ____

5

If the answers is yes, describe below and attach to this Answer a copy of each

6

garnishment:

7

____________________________________________________________________

8

____________________________________________________________________

9

____________________________________________________________________

10

7. Will the Garnishee owe the Defendant Dental Insurance Payments in the

11

foreseeable future?

12

Yes ____ No____

13

owed, the amount of money that will be owed, and the date or dates on which each

14

payment will be due:

If the answer is yes, provide the reason why such money will be

15
16

Type of
Payment

Amount

Date Payment
Will be Due

17

1.________________________

_____________

_____________

18

2.________________________

_____________

_____________

19

3.________________________

_____________

_____________

20

8. N/A

21

9. N/A

22

10. Does the Garnishee have any objections or defenses to the Writ of

23

Continuing Garnishment? Yes____ No____ If the answer is yes, list the nature

24

and basis of each objection and/or defense:

25

____________________________________________________________________

26

____________________________________________________________________

27

____________________________________________________________________

28

____________________________________________________________________
Writ of Continuing Garnishment cand C11-04167 DMR

6

1

On behalf of FIRST DENTAL HEALTH, I hereby certify under penalty of perjury

2

under the laws of the United States of America that the foregoing is true and correct.

3

Dated: ______________

By: _____________________________

4
5

(Sign above the line and type or print name below)

6
7

Telephone #______________________Fax # ______________________

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Writ of Continuing Garnishment cand C11-04167 DMR

7

1

CERTIFICATE OF SERVICE

2

I, ______________________________, declare:

3

That I am a citizen of the United States and employed in the County of

4

__________________, Iowa; that my business address is

5

__________________________________________________________; that I am

6

over the age of eighteen years; and that I am not a party to the above-entitled action;

7
8

That on _________________ (date), I deposited in the United States m ail, in
envelopes bearing the requisite postage, a copy of the attached

9

ANSWER OF GARNISHEE

10

addressed to each of the following, at their last known addresses, at which place there

11

is service by United States mail.

12

ROY P. CHRISTIAN aka ROY PAUL CHRISTIAN, DDS.
112 Amber Oak Court
Los Gatos, CA 95032

13
14
15
16
17

ROY P. CHRISTIAN aka ROY PAUL CHRISTIAN, DDS
20480 Blauer Drive, Suite B
Saratoga, CA 95070
Michael Cosentino
Counsel for the United States
P.O. Box 129
Alameda, CA 94501

18
19

I have caused, or will cause, the original of the ANSWER OF GARNISHEE to be

20

filed in the United States District Court pursuant to the instruction f or same in

21

paragraph # 3 of the Writ.

22

This Certificate was executed on _____________________ (date),

23

at ________________________ (city), ______________________(state).

24

I certify under penalty of perjury that the foregoing is true and correct.

25
26

________________________________

27
(sign above the line and type or print name below)
28
Writ of Continuing Garnishment cand C11-04167 DMR