Bell v. Woods

Filing 79

ORDER granting 77 Motion for Writ of Garnishment; granting 78 Motion for Writ of Garnishment. Signed by Magistrate Judge Philip R. Lammens on 5/3/2024. (JWM)

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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. (“Plaintiff”) for issuance of writs of garnishment as to PNC Bank, N.A. and Truist Bank, N.A. (Docs. 77 & 78). 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 the Garnishees may have in their 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. Accordingly, upon due consideration, Plaintiff’s motions for issuance of writs of garnishment (Docs. 77 & 78) are GRANTED, and the Clerk is directed to issue the Writs of Garnishment (including the Notice and Claim of Exemption) attached to the motions. Plaintiff must fully comply with all notice requirements of §77.041, Florida Statutes. DONE and ORDERED in Ocala, Florida on May 3, 2024. Copies furnished to: Counsel of Record Unrepresented Parties -2-

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