United States of America v. Thomas

Filing 13

ORDER - WRIT of Garnishment re: 12 Motion. Signed by Magistrate Judge David Keesler on 7/16/2013. (Attachments: # 1 Clerk's Notice of Post-Judgment Garnishment) (cbb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
vs.

MARK S. THOMAS,
Defendant
and
CELLULAR SALES OF NORTH CAROLINA, LLC

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CASE NO. DNCW5:11CV181
(Financial Litigation Unit)

INSTRUCTIONS TO DEFENDANT
CLERK'S NOTICE OF POST-JUDGMENT GARNISHMENT,
EXECUTION, RECEIVERSHIP, GARNISHMENT, AND/OR SEQUESTRATION
AND RIGHT TO HAVE EXEMPTIONS DESIGNATED
(REQUEST FOR HEARING)
YOU ARE HEREBY NOTIFIED that based upon a Court judgment entered against you
on July 12, 2012 (Docket No. 9), in case number DNCW5:11CV181 in the United States District
Court of the Western District of North Carolina, $139,469.84 plus interest is being taken by the
United States of America. A balance of $140,100.72 remains outstanding as of July 12, 2013. It
is believed that Garnishee may have property, funds or wages of yours in their custody,
possession or control.
YOU ARE FURTHER NOTIFIED that there are exemptions under the law which may
protect some of the property from being taken by the United States Government if you can show
that the exemptions apply. Attached is a summary of the major exemptions which apply in most
situations in the State of North Carolina. If you wish to claim exempt property, you must choose
between the Federal and State exemptions, complete the form and return it.
You have a right to ask the Court to return your property to you if you think you do not
owe the money to the United States Government that it says you do, or if you think the property
the Government is taking qualifies under one of the exemptions mentioned above. If you want a
hearing, within twenty (20) days after receipt of the Answer of Garnishee, you may file a written
objection to the Answer and request a hearing. A copy of the objection and request for hearing
shall be served on Garnishee and the United States Government. Your request must be in
writing. The objection must state your reasons for believing that the funds or property is not
subject to attachment by the United States of America. Not all requests are granted.

If you wish, you may use this notice to request the hearing by checking the box below.
❒
You must either mail it or deliver it in person to the following address:
Clerk of the United States District Court
401 West Trade Street
Charlotte, NC 28202
So that the United States Government will know you want a hearing, you must also send
a copy of your request to the following address:
Gill P. Beck
Assistant United States Attorney
100 Otis Street, Room 233
Asheville, NC 28801
If you are entitled to a hearing, the Court shall hold a hearing within ten (10) days after
the date request is received by the Court, or as soon thereafter as is practicable, and give notice
of the hearing date to all the parties.
If you are granted a hearing, you may explain to the Judge why you think you do not owe
the money to the United States Government or why these funds are exempt from execution. If
you do not request a hearing within twenty (20) days of receiving the Answer of Garnishee, a
Court Order of Garnishment will be entered attaching the funds that will be applied against the
judgment owed to the United States of America.
If you think you live outside the Federal judicial district in which the Court is located,
you may request, not later than twenty (20) days after you receive this notice, that this
proceeding and that wages or funds be transferred by the Court to the Federal judicial district in
which you reside. You must make your request in writing, and either mail it or deliver it in
person to:
Clerk of United States District Court
401 West Trade Street
Charlotte, NC 28202
So the United States Government will know that you want the proceeding to be
transferred, you must also send a copy of your request to the following address:
Gill P. Beck
Assistant United States Attorney
100 Otis Street, Room 233
Asheville, NC 28801

Be sure to keep a copy of this notice for your own records. If you have any questions
about your rights or about this procedure, you should contact a lawyer, an office of public legal
assistance, or the Clerk of the Court. The Clerk is not permitted to give legal advice, but can
refer you to other sources of information.