50-00060 Fairview Corporation v. Cohen et al

Filing 17

ORDER Rejecting Request for Writs of Garnishments. Signed by District Judge Robert H. Cleland. (Attachments: # 1 Exhibit GP Collecttions Letter, # 2 Exhibit Request for Garnishment George Cacoulidis, # 3 Exhibit Request for Garnishment Woodl ands Intl, # 4 Exhibit Request for Garnishment Chase Bank, # 5 Exhibit Request for Garnishment Wells Fargo Bank, # 6 Exhibit Request for Garnishment Capital One Bank, # 7 Exhibit Request for Garnishment Woori Amer Bank on Broadway, # 8 Exhibit Request for Garnishment Woori Amer Bank on 5th Ave, # 9 Exhibit Request for Garnishment Wilshire State Bank) (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

1550-60 FAIRVIEW CORPORATION,
Plaintiff,
Case No. 07-13770

v.
ADAM COHEN, et al.,
Defendants.
/

ORDER REJECTING REQUESTS FOR A WRIT OF GARNISHMENT
GP Collections, which is not a party to this action, submits eight requests for a
writ of garnishment against a Defendant’s bank accounts.
Under Federal Rule of Civil Procedure 69, state law, in this case, Michigan Court
Rule 3.101(D), governs a request for a writ of garnishment. See Uhl v. Komatsu Forklift
Co., Ltd., 466 F.Supp.2d 899, 911-12 (E.D. Mich. 2006); Schram v. Carlucci, 41 F.Supp.
36 (E.D. Mich. 1941). MCR 3.101(D) requires a plaintiff or her agent to submit with a
request for a writ of garnishment a verified statement confirming a judgment against the
defendant, an exact amount unpaid, and a reason to expect that the proposed
garnishee is subject to garnishment.
At least three defects in GP Collections’s requests preclude the issuance of writs
of garnishment. First, the requests include no verified statement. Second, nothing in
the requests establishes that GP Collections proceeds as Plaintiff’s agent. Third, in the
requests, GP Collections improperly lists itself as Plaintiff’s attorney. Accordingly,

IT IS ORDERED that the requests for a writ of garnishment, attached to this
order but not otherwise docketed, are REJECTED WITHOUT PREJUDICE.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: March 20, 2013

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, March 20, 2013, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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