United States of America v. Kays

Filing 31

FINAL GARNISHMENT ORDER AND JUDGMENT AGAINST ADVANCED CHIROPRACTIC AND REHABILITATION CENTER, LLC (granting doc. 30 ). Signed by Magistrate Judge Karen L. Litkovitz on 6/3/2024. (eh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
UNITED STATES OF AMERICA
Plaintiff,
vs.
MATTHEW KAYS
SSN: ***-**-8969
Defendant,
and
ADVANCED CHIROPRACTIC &
REHABILITATION
Garnishee.

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CASE NO: 1:11-CV-663
MAGISTRATE LITKOVITZ

FINAL GARNISHMENT ORDER AND JUDGMENT AGAINST ADVANCED
CHIROPRACTIC AND REHABILITATION CENTER, LLC
On December 12, 2018 a Writ of Continuing Garnishment (“Writ”) was duly issued to the
Garnishee, Advanced Chiropractic & Rehabilitation (“Garnishee”) (Doc 20). The Writ was served upon
the Garnishee on December 20, 2018 (Doc 22).
Pursuant to the Writ, the Garnishee failed to file an Answer. On May 4, 2021 Plaintiff filed a Motion
Requiring Garnishee to Appear and Answer (Doc 26). On June 1, 2021 this Court entered an Order setting a
hearing date on Garnishee’s failure to answer (Doc 27).
On July 8, 2021 a hearing was held. Plaintiff appeared through Counsel. Garnishee’s statutory
agent, who is also the defendant, appeared. Matters were discussed on the record. A payment of $400 was
received in October, 2021, followed by $1200 received on December 29, 2021. No further payments
have been received.

To date, Garnishee has not filed a proper Answer to the Writ (Doc. 20).
11 U.S.C. 3205(c)(6) provides “[i]f the garnishee fails to appear, or appears and fails to show good
cause why the garnishee failed to comply with the writ, the court shall enter judgment against the garnishee
for the value of the judgment debtor’s nonexempt interest in [property subject to the writ] (including
nonexempt disposable earnings).”
IT IS ORDERED that Garnishee pay twenty-five percent (25%) of the Defendant's disposable
earnings (less any court-ordered child support) to Plaintiff and continue said payments until the debt to
the Plaintiff is paid in full or until the Garnishee no longer has custody, possession or control of any
property belonging to the debtor or until further Order of this Court.
IT IS FURTHER ORDERED that the Garnishee pay to the Plaintiff the total amount of
disposable earning withheld by the Garnishee or that should have been so withheld from the date of the
issuance of the Writ of Continuing Garnishment until the date of this Order.
IT IS FURTHER ORDERED that judgment is entered in favor of the United States of America
and against Advanced Chiropractic and Rehabilitation Center, LLC in the principal amount of
$127,932.40 together with interest from the date of the entry of this order at the rate of 4.25 percent per
annum and costs.

6/3/2024
Dated___________________

___________________________
UNITED STATES MAGISTRATE JUDGE