Crop Production Services Inc. v. Hampton d/b/a Allen Hampton Farms

Filing 26

MEMORANDUM AND ORDER re: 25 MOTION filed by Plaintiff Crop Production Services Inc. IT IS HEREBY ORDERED that the relief requested in plaintiffs Exceptions to Interrogatory Answers filed by Garnishee Focus Bank (#25) is GRANTED. IT IS FURTHER OR DERED that Focus Bank shall fully answer the Garnishment Interrogatories, provide plaintiff with account statements or other documentation supporting its Answers, and deliver any property not previously delivered to the Court to be so delivered to the Court no later than December 12, 2016. ( Response to Court due by 12/12/2016.). Signed by District Judge Stephen N. Limbaugh, Jr on 12/2/16. (CC: Focus Bank)(MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION

CROP PRODUCTION SERVICES, INC. )
)
Plaintiffs,
)
)
vs.
)
)
)
ALLEN HAMPTON, d/b/a,
)
ALLEN HAMPTON FARMS,
)
)
Defendants.
)

Case No. 1:15cv103 SNLJ

MEMORANDUM and ORDER
On September 1, 2015, this Court entered a default judgment against defendant
Allen Hampton, d/b/a Allen Hampton Farms in the amount of $134,739.78, interest,
reasonable attorney’s fees of $1,360.00, and all court costs. At the time of execution of
the Garnishment of record, $63,289.24 remains unsatisfied on that Judgment. Plaintiff
seeks to garnish the remaining judgment from garnishee Focus Bank, and, on September
13, 2016, the Court issued a Writ of Execution and Summons directed to garnishee Focus
Bank directed to any and all property belonging to and assets of defendants/judgment
debtors. The Writ of Execution and Interrogatories to Garnishee were served on Focus
Bank on September 20, 2016 with a return date of October 17, 2016. Garnishee filed
answers on November 7, 2016.
Plaintiff filed “Exceptions to Interrogatory Answers filed by Garnishee Focus
Bank” on November 15, 2016 (#25) and seeks an order directing Focus Bank to fully
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answer the Garnishment Interrogatories, to provide plaintiff with account statements or
other documentation supporting its Answers, to deliver any property not previously
delivered to the Court to be so delivered to the Court. Although the document has not
been styled as a motion, the Court will treat it as such.
Plaintiff’s motion states that “Garnishee claims that no accounts existed, but that it
loaned Defendants money, but then claimed to enclose a check payable to the Court.” The
Court agrees that garnishee’s response is puzzling. Furthermore, the Clerk returned the
check sent to the Court by garnishee because it was not made payable to the U.S. District
Court. (#24.) No response to plaintiff’s motion has been filed.
The Court will grant the relief requested by plaintiff.
Accordingly,
IT IS HEREBY ORDERED that the relief requested in plaintiff’s “Exceptions to
Interrogatory Answers filed by Garnishee Focus Bank” (#25) is GRANTED.
IT IS FURTHER ORDERED that Focus Bank shall fully answer the Garnishment
Interrogatories, provide plaintiff with account statements or other documentation
supporting its Answers, and deliver any property not previously delivered to the Court to
be so delivered to the Court no later than December 12, 2016.
Dated this

2nd

day of December, 2016.

____________________________________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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