Orso v. Solano

Filing 5

ORDER granting 2 Motion for Writ of Garnishment; granting 3 Motion for Writ of Garnishment; granting 4 Motion for Writ of Garnishment. Signed by Magistrate Judge Amanda Arnold Sansone on 9/15/2022. (BEE)

Case 8:21-mc-00125-VMC-AAS Document 5 Filed 09/15/22 Page 1 of 2 PageID 39

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MATTHEW E. ORSO IN HIS CAPACITY AS
COURT-APPOINTED SUCCESSOR RECEIVER
FOR REX VENTURE GROUP, LLC,
Plaintiff,
v.

Case No.: 8:21-mc-125-VMC-AAS

BRIAN SOLANO,
Defendant.
________________________________________/
ORDER
Matthew Orso moves the court, under Rule 69 of the Federal Rules of
Civil Procedure and Florida Statutes § 77.01 et seq., to issue writs of
garnishment against Wells Fargo Bank, Citibank, N.A., and Bank of America
for a judgment owed by Brian Solano. (Docs. 2, 3, 4).
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
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Case 8:21-mc-00125-VMC-AAS Document 5 Filed 09/15/22 Page 2 of 2 PageID 40

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.
On August 14, 2017, the United States District Court for the Western
District of North Carolina, entered judgment against the defendant class,
including Mr. Solano, in the amount of $102,699.12, plus accruing postjudgment interest. (Doc. 1-1). On September 17, 2021, Mr. Orso registered the
judgment in this court. (Doc. 1). According to Mr. Orso’s motion, this amount
remains unpaid.
Mr. Orso’s Motions for Writs of Garnishment (Docs. 2, 3, 4) are
GRANTED. The Clerk of Court shall issue the writs of garnishment to the
named garnishees using the forms attached to Mr. Orso’s motions. (Doc. 2-1,
3-1, 4-1). Mr. Orso must include with the writ copies of:
a.
b.
c.

Mr. Orso’s Motions for Writ of Garnishment (Docs. 2, 3, 4),
this Order, and
Mr. Orso’s Registration of Foreign Judgment (Doc. 1).

ORDERED in Tampa, Florida on September 15, 2022.

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