USA v. Collier

Filing 26

ORDER dismissing as moot 23 Request for hearing filed by Walter Collier and granting defendant's objection to writ of garnishment. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

UNITED STATES OF AMERICA,
Plaintiff,
CASE NO. 91-CV-75815
HONORABLE GEORGE CARAM STEEH

v.
WALTER COLLIER,
Defendant,
and
JP MORGAN CHASE BANK, N.A.,
Garnishee.
/

ORDER DISMISSING AS MOOT DEFENDANT’S REQUEST FOR HEARING
AND GRANTING DEFENDANT’S OBJECTION TO WRIT OF GARNISHMENT
Plaintiff sought and obtained a Writ of Continuing Garnishment against the property
of Defendant held in a JP Morgan Chase Bank, N.A. (“Chase” or the “Garnishee”) account,
to satisfy a debt owed by Defendant currently totaling $2,279.11. (Doc. #21). The
Garnishee responded to Plaintiff’s Writ of Continuing Garnishment by stating that
Defendant’s funds in the Chase account are protected Social Security funds. (Doc. #22).
Now before the court is Defendant’s Request For Hearing About The Answer Filed
By The Garnishee. (Doc. #23). Defendant’s request for hearing contends that the debt
was paid off in 1999, and that he is exempt from garnishment because his funds arise from
Social Security benefits.

Plaintiff responded to Defendant’s request for hearing

acknowledging that no funds are being held pursuant to the Writ of Continuing Garnishment
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because the only funds in Defendant’s Chase account are protected funds that are not
subject to garnishment. (Doc. #24). Given Plaintiff’s acknowledgment “that the funds in
the Chase account are exempt from garnishment, and therefore are not subject to seizure
to satisfy Plaintiff’s Judgment,” see Doc. #24 at 2 (emphasis in original), Defendant’s
request for a hearing is DISMISSED AS MOOT. Defendant’s objection to the Writ of
Continuing Garnishment on the grounds that the funds in his Chase account are protected
Social Security funds is GRANTED.
IT IS SO ORDERED.
Dated: June 30, 2015
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
June 30, 2015, by electronic and/or ordinary mail and also on
Walter Collier, 19360 Gilchrist, Detroit, MI 48235.
s/Barbara Radke
Deputy Clerk

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