USA v. J.A. Greenwood Roofing

Filing 24

ORDER granting 23 Motion for Final Order of Continuing Garnishment. So Ordered by Magistrate Judge Daniel J. Lynch.(ko)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
United States of America,
Plaintiff,
v.

Civil No. 10-590-LM

J.A. Greenwood Roofing,
Defendant,
and
CK Landmark Construction, Corp.,
Garnishee.
FINAL ORDER OF CONTINUING GARNISHMENT
On May 29, 2012, a Writ of Continuing Garnishment and Clerk=s
Notice were issued in the above-captioned action by this Court.

The

Garnishee was served with copies of the Application, Clerk=s Notice
and Writ of Continuing Garnishment on June 13, 2012.

Copies of the

Application, Notice and Writ of Continuing Garnishment were sent to
the Defendant by Plaintiff, certified mail, on June 1, 2012.
Defendant failed to accept the documents.
Garnishee filed an Answer on June 13, 2012, stating that at the
time of service of the Writ, it had in its possession, custody or
control, personal property, in the form funds in the amount of
$2,500.00 subject to litigation in small claims court, belonging to
and due defendant, J.A. Greenwood Roofing.

Pursuant to 28 U.S.C.

' 3202(d), the Defendant failed to request a hearing within the time
allowed.

Therefore, it is

ORDERED that Garnishee pay to the United States any funds it
is ordered to pay to J.A. Greenwood Roofing or John Greenwood, on
behalf of work performed by J.A. Greenwood Roofing which are subject

to litigation in Case No. 457-2011-SC-00588, State of New Hampshire,
NH Circuit Court, 9th Circuit, District Division, Merrimack, NH, up
to $25,465.63, which are in their possession, custody or control,
and until Garnishee no longer has property of the defendant in its
possession, custody or control; this debt is paid in full; or until
further order of this Court.

Said payment shall be made payable to

U.S. Department of Justice and mailed to U.S. Attorney=s Office, 53
Pleasant Street, 4th Floor, Concord, NH 03301.
SO ORDERED THIS

1st

DAY OF

August

, 2012.

____________________________
/s/ Daniel J. Lynch
Daniel J. Lynch
U.S. Magistrate Judge

cc: U.S. Attorney=s Office
J.A. Greenwood Roofing
CK Landmark Construction Corp.