United States Of America v. Asare et al

Filing 271

WRIT OF GARNISHMENT granting 270 MOTION for Writ of Garnishment as to Garnishee TD Bank, NA. If you fail to answer this Writ or withhold property in accordance with this Writ, the United States may petition this Court for an order requiring you to appear before this Court to answer this Writ and withhold property before the appearance date. See 28 U.S.C. § 3205(c)(6). If you fail to answer, or appear and fail to show good cause why you failed to comply with this Writ, the Court shal l enter a judgment against you for the value of the substantial nonexempt property that should have been withheld and/or award a reasonable attorney's fee to the United States. Id. (And as further set forth herein.) SO ORDERED.. (Signed by Judge Analisa Torres on 6/1/2022) (jca)

Case 1:15-cv-03556-AT-OTW Document 271 Filed 06/01/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
6/1/2022

UNITED STATES OF AMERICA,
Judgment Creditor,
v.

15 CV 3556 (AT)

EMMANUEL O. ASARE and SPRINGFIELD
MEDICAL AESTHETIC PC,

WRIT OF GARNISHMENT

Judgment Debtors,
and
TD BANK, N.A.,
Garnishee.

TO:

TD Bank, N.A.
1701 Route 70 East, 1st Floor
Cherry Hill, New Jersey 08003

An Application for Writ of Garnishment seeking property belonging to or due DefendantsJudgment Debtors, EMMANUEL O. ASARE and SPRINGFIELD MEDICAL AESTHETHIC,
PC, was filed with this Court to enforce a judgment for the United States in this matter. As of May
24, 2022, the outstanding principal debt balance is $386,418.80, excluding accrued interest.
Pending further order of this Court, you shall withhold and retain all property in which
EMMANUEL O. ASARE and SPRINGFIELD MEDICAL AESTHETHIC, PC has a substantial
nonexempt interest and for which you are or may become indebted to EMMANUEL O. ASARE
and SPRINGFIELD MEDICAL AESTHETHIC, PC. See 28 U.S.C. § 3205(c)(2)(F). Property
that is exempt and that is not subject to this Writ is listed in the enclosed Clerk’s Notice. Do not
deliver the property to the Clerk of Court at this time. Instead, withhold and retain the property
until the Court orders its distribution. Id.
Writ of Garnishment – Page 1

Case 1:15-cv-03556-AT-OTW Document 271 Filed 06/01/22 Page 2 of 2

You are required by law to file an Answer within 10 days of your receipt of this Writ
advising the Court whether you hold or will hold substantial nonexempt property for
EMMANUEL O. ASARE and SPRINGFIELD MEDICAL AESTHETHIC, PC. If you are
represented by counsel who is a registered Electronic Case Files (ECF) system filer in this district,
you may file your Answer electronically in ECF. Otherwise, mail or deliver the original answer
to the Clerk of Court, United States District Court for the Southern District of New York, 500 Pearl
Street, New York, New York 10007, Attn: Arraignment Unit Room 520, and send a copy of your
Answer to EMMANUEL O. ASARE, 23 Elderberry Road, Dix Hills, New York 11746 and
SPRINGFIELD MEDICAL AESTHETHIC, PC, 118 Glen Cove Road in Roslyn Heights, New
York 11577, and Assistant United States Attorney Melissa A. Childs, United States Attorney’s
Office, 86 Chambers Street, New York, New York 10007. See 28 U.S.C. § 3205(c). A sample
Answer Form is enclosed for your convenience; your Answer will be publicly filed, so please
redact account numbers to the last four digits.
If you fail to answer this Writ or withhold property in accordance with this Writ, the United
States may petition this Court for an order requiring you to appear before this Court to answer this
Writ and withhold property before the appearance date. See 28 U.S.C. § 3205(c)(6). If you fail to
answer, or appear and fail to show good cause why you failed to comply with this Writ, the Court
shall enter a judgment against you for the value of the substantial nonexempt property that should
have been withheld and/or award a reasonable attorney’s fee to the United States. Id.
SO ORDERED.
Dated: June 1, 2022
New York, New York

Writ of Garnishment – Page 2