Amedisys Holding, LLC v. Siebu

Filing 15

ORDER granting 14 Motion for Writ of Garnishment. Signed by Magistrate Judge Amanda Arnold Sansone on 11/17/2020. (BEE)

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Case 8:20-cv-01031-JSM-AAS Document 15 Filed 11/17/20 Page 1 of 2 PageID 68 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION AMEDISYS HOLDING, LLC, Plaintiff, v. Case No.: 8:20-cv-1031-T-30AAS SAM SIEBU, Defendant. ______________________________________/ ORDER Amedisys Holdings, LLC (Amedisys) moves the court, under Rule 69 of the Federal Rules of Civil Procedure and Florida Statutes § 77.01 et seq., to issue a writ of garnishment against Bank of America, N.A. for a judgment owed by Sam Sebiu. (Doc. 14). Rule 69 provides that a money judgment is enforced by a writ of garnishment. Fed. R. Civ. P. 69(a)(1). “The procedure on execution . . . must accord with the procedure of the state where the court is located, but a federal statute governs to the extent it applies.” Id. Florida law provides a right to a writ of garnishment to judgment creditors to help satisfy a money judgment. Fla. Stat. § 77.01. To obtain a writ of garnishment, the judgment creditor must file a motion stating the amount of the judgment. Fla. Stat. § 77.03. The writ must direct the garnishee to answer the writ within twenty days and state the amount named in the judgment creditor’s motion. Fla. Stat. § 77.04. Judgment was entered against Mr. Siebu and in favor of Amedisys in the Case 8:20-cv-01031-JSM-AAS Document 15 Filed 11/17/20 Page 2 of 2 PageID 69 amount of $100,000. (Doc. 12). According to the motion, this amount remains unpaid. (Doc. 14, p. 1). Accordingly, Amedisys’ Motion for Writ of Garnishment (Doc. 14) is GRANTED. The Clerk of Court shall issue the writ of garnishment using the form attached to the motion. (Docs. 14-1). The writ shall include copies of the following: (1) the motion, (2) this order, and (3) the judgment (Doc. 46). ORDERED in Tampa, Florida on November 17, 2020. cc: Sam Siebu 4009 Harbor Lake Drive, Lutz, Florida, 33558 2

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