Orso v. Helmuth

Filing 9

ORDER granting 8 Motion for Appointment of a Process Server. Signed by Magistrate Judge Anthony E. Porcelli on 11/18/2021. (JMF)

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Case 8:21-mc-00113-SDM-AEP Document 9 Filed 11/18/21 Page 1 of 2 PageID 48 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION MATTHEW ORSO IN HIS CAPACITY COURT-APPOINTED SUCCESSOR RECEIVER FOR REX VENTURE GROUP, LLC, d/b/a ZEEKREWARDS.COM Case No. 8:21-mc-113-SDM-AEP Plaintiff, v. STEVEN HELMUTH, Defendant. ORDER This matter comes before the Court on Plaintiff’s Motion for Writ of Garnishment (Doc. 3). A judgment in the amount of $2,973.24 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 September 17, 2021 (Doc. 1). See 28 U.S.C. § 1963. According to Plaintiff, the judgment, plus post-judgment interest, remains unsatisfied. Plaintiff believes that Defendant may have tangible assets in the possession or control of the Garnishee Sunrise Bank, and, by the instant motion, now requests that the Court issue a writ of garnishment directed to Garnishee Sunrise Bank 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 unless a federal statute governs. Fed. Case 8:21-mc-00113-SDM-AEP Document 9 Filed 11/18/21 Page 2 of 2 PageID 49 R. Civ. P. 69(a)(1). Florida Statutes § 77.01 allows recovery of a money judgment via a writ of garnishment. The Court therefore 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. Plaintiff’s Motion for Writ of Garnishment (Doc. 3) is GRANTED. 2. The Clerk is hereby directed to issue a Writ of Garnishment upon Garnishee Sunrise Bank. 3. As Defendant Steven Helmuth is an individual, the Clerk is hereby directed to attach the required notice to Defendant Steven Helmuth pursuant to Florida Statutes § 77.041(1) to the writ of garnishment. DONE AND ORDERED in Tampa, Florida, on this 17th day of November, 2021. cc: Counsel of Record 2

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