Orso v. Souffrant

Filing 35

ORDER granting 34 Motion for Writ of Garnishment. Signed by Magistrate Judge Amanda Arnold Sansone on 3/26/2024. (BEE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
NATIONAL JUDGMENT RECOVERY,
INC.,
Plaintiff,
v.

Case No.: 8:21-mc-99-JSM-AAS

FRANTZNEY SALOMON SOUFFRANT,
Defendant.
_________________________________________/
ORDER
Nationwide Judgment Recovery, Inc. (NJR) 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 Fantzney Salomon Souffrant. (Doc. 34).
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

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amount named in the judgment creditor’s motion. Fla. Stat. § 77.04.
On August 14, 2017, the United States District Court for the Western
District of North Carolina entered judgment against the defendant class,
including Mr. Souffrant, in the amount of $ 10,289.73, plus accruing postjudgment interest. (Doc. 34, p. 2). According to NJR’s motion, this amount
remains unpaid. (Id.).
NJR’s Motion for Writ of Garnishment (Doc. 34) is GRANTED. The
Clerk of Court is DIRECTED to issue the writ of garnishment to the named
garnishee using the forms attached to NJR’s motion. (Doc. 34-1). NJR must
include with the writ copies of:
a.
b.
c.

NJR’s Motion for Writ of Garnishment (Doc. 34),
this Order, and
The Registration of Foreign Judgment (Doc. 1).

ORDERED in Tampa, Florida on March 26, 2024.

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