Bell v. Woods

Filing 60

ORDER granting 58 Motion for Writ of Garnishment; granting 59 Motion for Writ of Garnishment. Signed by Magistrate Judge Philip R. Lammens on 1/19/2023. (JWM)

Download PDF
Case 5:20-mc-00010-JSM-PRL Document 60 Filed 01/19/23 Page 1 of 2 PageID 563 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION NATIONWIDE JUDGMENT RECOVERY, INC., Plaintiff, v. Case No: 5:20-mc-10-JSM-PRL NATHANIEL WOODS, Defendant. ORDER This matter is before the Court on the motions of Nationwide Judgment Recovery, Inc. as assignee of Plaintiff Matthew E. Orso, in his capacity as court-appointed successor receiver for Rex Venture Group, LLC (“Plaintiff”) for issuance of writs of garnishment as to Bank of America, N.A. (Doc. 58) and Truist Bank (Doc. 59). On August 14, 2017, Plaintiff obtained a judgment in the United States District Court for the Western District of North Carolina against each member of a Defendant class, including Defendant Nathaniel Woods in the amount of $ $642,844.62. Plaintiff registered the judgment with this Court. (Doc. 1). The judgment remains unsatisfied. Now, Plaintiff moves for the writs of garnishment and suggests that each Garnishee may have in its possession and control certain monies or property belonging to Defendant sufficient to satisfy the judgment in whole or in part. Pursuant to Fed. R. Civ. P. 69, the Court must follow state law regarding garnishment procedures. See Fed. R. Civ. P. 69. Chapter 77 of the Florida Statutes prescribes the procedure for issuance and enforcement of writs of garnishment. Case 5:20-mc-00010-JSM-PRL Document 60 Filed 01/19/23 Page 2 of 2 PageID 564 Accordingly, upon due consideration, Plaintiff’s motions for issuance of writ of garnishment (Docs. 58 & 59) are GRANTED, and the Clerk is directed to issue the Writs of Garnishment (including the Notice and Claim of Exemption) attached to each motion. Plaintiff must fully comply with all notice requirements of §77.041, Florida Statutes. DONE and ORDERED in Ocala, Florida on January 19, 2023. Copies furnished to: Counsel of Record Unrepresented Parties -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?