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)

Download PDF
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 (313) 234-5522 S:\Cleland\JUDGE'S DESK\C2 ORDERS\07-13770.1550-60FAIRVIEW.Garnishment.ckb.wpd 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?