Orso v. Harding

Filing 24

ORDER granting 23 Motion for Writ of Garnishment. The Clerk is hereby directed to issue a Writ of Garnishment upon Garnishee E*Trade Financial. See Order for further details. Signed by Magistrate Judge Anthony E. Porcelli on 5/10/2022. (JMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MATTHEW ORSO AS SUCCESSOR
TRUSTEE TO KENNETH D. BELL
IN HIS CAPACITY AS COURTAPPOINTED RECEIVER FOR REX
VENTURE GROUP, LLC,
Case No. 8:21-mc-41-WFJ-AEP
Plaintiff,
v.
JULES HARDING,
Defendant.
ORDER
This matter comes before the Court on Nationwide Judgment Recovery
Inc.’s (“Nationwide”) Motion for Writ of Garnishment (Doc. 23). 1 A judgment in
the amount of $18,461.40 was entered in the action between the parties on August
14, 2017 in the District Court for the Western District of North Carolina, Charlotte
Division, which was subsequently registered in the District Court for the Middle
District of Florida on April 19, 2021 (Doc. 1). See 28 U.S.C. § 1963. According to
Nationwide, the judgment, plus post-judgment interest, remains unsatisfied.
Nationwide believes that Defendant may have monies or property in the possession
or control of the Garnishee E*Trade Financial and, by the instant motion, now

Plaintiff Matthew E. Orso, in his capacity as court-appointed successor receiver for Rex
Venture Group, LLC d/b/a ZEEKREWARDS.COM assigned to Nationwide the
judgment entered against Defendant (Doc. 22).

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requests that the Court issue a writ of garnishment directed to Garnishee E*Trade
Financial to recover on the outstanding judgment.
Pursuant to Rule 69, Federal Rules of Civil Procedure, the Court must follow
state law regarding execution of a judgment. Florida Statutes § 77.01 allows
recovery of a money judgment via a writ of garnishment. Thus, the Court may
enforce the judgment through a writ of garnishment pursuant to Florida law. Upon
consideration, the Court finds good cause to grant the motion. Accordingly, it is
hereby
ORDERED:
1.

Nationwide’s Motion for Writ of Garnishment after Judgment (Doc.

23) is GRANTED.
2.

The Clerk is hereby directed to issue a Writ of Garnishment upon

Garnishee E*Trade Financial.
3.

As Defendant Jules Harding is an individual, the Clerk is hereby

directed to attach the required notice to Defendant Jules Harding pursuant to
Florida Statutes § 77.041(1) to the writ of garnishment.
DONE AND ORDERED in Tampa, Florida, on this 10th day of May, 2022.

cc:

Counsel of Record
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