United State of America et al v. Rafter H Construction LLC et al
Filing
19
MEMORANDUM DECISION AND ORDER - NOW THEREFORE IT IS HEREBY ORDERED, that the motion for judgment debtor exam (docket no. 16 ) is GRANTED. IT IS FURTHER ORDERED, that the motion for service (docket no. 17 ) is GRANTED. IT IS FURTHER ORDERED, that th e Clerk shall send out a Notice of Hearing fora judgment debtor examination of Rafter H Construction LLC. IT IS FURTHER ORDERED, that at the judgment debtor examination, a representative of Rafter H Construction LLC, with authority to speak for the c ompany, shall answer questions concerning Rafters property and assets. IT IS FURTHER ORDERED, that Rafter H Construction LLC is restrained and enjoined from selling, loaning, giving away or otherwise disposing of its non-exempt assets and property pe nding this hearing. Failure to comply with this Order may result in contempt proceeding against Rafter H Construction LLC. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
THE UNITED STATES OF AMERICA, for
the use and benefit of BIG-D
CORPORATION, a Utah corporation, et al., Case No. 1:18-mc-10002-BLW
Plaintiffs,
MEMORANDUM DECISION
AND ORDER
v.
RAFTER H CONSTRUCTION, LLC, an
Idaho limited liability company, et al.,
Defendants.
MEMORANDUM DECISION
This is a collection action in which plaintiff Big-D is attempting to collect a
Judgment it obtained in Wyoming Federal District Court. Big-D received that Judgment
on January 24, 2018, following a jury trial, in the sum $962,349.36 against defendant
Rafter H Construction LLC. The amount currently due is $766,684.62.
Big-D registered the Judgment in Idaho, and on April 16, 2018, Judge Lodge
entered a Writ of Execution directing that any of Rafter’s non-exempt assets in Idaho be
seized to satisfy the Judgment. The Writ was served on Rafter’s attorney on April 30,
2018, but the process server was unable to serve anybody at Rafter despite several
attempts. See Process Return (Dkt. Nos. 12,13 & 14).
On May 25, 2018, Big-D filed a motion for a judgment-debtor examination,
asking the Court to (1) set a hearing for Rafter to appear and answer questions about its
Memorandum Decision & Order – page 1
property and income, and (2) restrain Rafter from disposing of any non-exempt assets
pending the hearing. Rafter has not filed any response to the motion and the deadline for
responding has passed. On June 19, 2018, this case was reassigned from Judge Lodge to
this Court.
Under 28 U.S.C. § 1963, a Judgment entered in Wyoming and registered in Idaho
has the “same effect as a judgment of the district court . . . [in Idaho] and may be
enforced in like manner.” Pursuant to the Writ of Execution entered by Judge Lodge, the
Judgment is a lien on Rafter’s non-exempt property and assets in Idaho, to the same
extent as under State law. See 28 U.S.C. § 1962. Idaho law states that whenever the
debt is not satisfied by the execution of the Writ, the judgment creditor is entitled to a
hearing where the judgment debtor must appear and answer questions about its property
and assets. See Idaho Code § 11-501. Idaho law also grants courts authority to restrain
the judgment debtor from disposing of any nonexempt assets pending the hearing. See
Idaho Code § 11-502.
Pursuant to this authority, the Court will grant Big-D’s motion, direct the Clerk to
set up a hearing, and restrain Rafter from disposing of any non-exempt assets pending the
hearing. The Court will also authorize that this decision may be served by an entity other
than the U.S. Marshal.
ORDER
In accordance with the Memorandum Decision set forth above,
NOW THEREFORE IT IS HEREBY ORDERED, that the motion for judgment
debtor exam (docket no. 16) is GRANTED.
Memorandum Decision & Order – page 2
IT IS FURTHER ORDERED, that the motion for service (docket no. 17) is
GRANTED.
IT IS FURTHER ORDERED, that the Clerk shall send out a Notice of Hearing for
a judgment debtor examination of Rafter H Construction LLC.
IT IS FURTHER ORDERED, that at the judgment debtor examination, a
representative of Rafter H Construction LLC, with authority to speak for the company,
shall answer questions concerning Rafter’s property and assets.
IT IS FURTHER ORDERED, that Rafter H Construction LLC is restrained and
enjoined from selling, loaning, giving away or otherwise disposing of its non-exempt
assets and property pending this hearing. Failure to comply with this Order may result in
contempt proceeding against Rafter H Construction LLC.
DATED: July 2, 2018
_________________________
B. Lynn Winmill
Chief U.S. District Court Judge
Memorandum Decision & Order – page 3
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