United States of America v. Byers

Filing 19

ORDER regarding payment plan re 12 Request for Hearing on Garnishment filed by Ladonnis Byers. Conference should be held by the parties and report the results to this court by 4/2/12. 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. 09-CV-11027
v.
HON. GEORGE CARAM STEEH
LADONNIS BYERS,
Defendant,
and
DETROIT CENTRAL CITY COMMUNITY
MENTAL HEALTH, INCORPORATED,
Garnishee.
_____________________________________/

ORDER REGARDING PAYMENT PLAN
On March 19, 2009, plaintiff filed this action seeking to recover student loan debt
allegedly owed by defendant. On April 1, 2009, the court entered an order for entry of
consent judgment with partial payment provisions. The order enters judgment in favor
of plaintiff in the amount of $4,040.23 and provides defendant may satisfy the judgment
by making monthly payments of $65.00 starting April 16, 2009. On January 19, 2012,
plaintiff filed an application for writ of continuing garnishment as to garnishee Michigan
Department of Treasury. The same day, plaintiff filed an application for writ of
continuing garnishment as to garnishee Detroit Central City Community Mental Health,
Incorporated. On February 1, 2012, defendant filed a request for hearing. She states
she has been making payments and is willing to increase her payment amount. On

February 7, 2012, plaintiff filed a response to defendant’s request for hearing. In its
response, plaintiff “welcomes the opportunity to discuss the matter with Defendant, and
invites Defendant to contact its attorneys to discuss reinstituting a reasonable payment
arrangement on this debt.” Plaintiff also states a hearing on this matter would be a
waste of judicial time and resources since defendant has offered no valid exemption or
defense to the garnishment. The court orders the parties to discuss a payment plan
within 45 days of the date of this order and to report the results of that conference to this
court by April 2, 2012. At that time, the court will determine whether a hearing is
necessary on the garnishment issue.
IT IS SO ORDERED.
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
Dated: January 9, 2012
CERTIFICATE OF SERVICE
Copies of this Order were served on the attorneys/parties of record on January 9, 2012 by electronic
and/or ordinary mail, and upon Ladonnis Byers at 163 Manchester Parkway, Highland Park, MI 48203.
s/Marcia Beauchemin
Deputy Clerk

2