Kemper Mortgage, Inc. v. Russell

Filing 110

DECISION AND ORDER DENYING WITHOUT PREJUDICE PLAINTIFF'S MOTION FOR WRIT OF GARNISHMENT - Plaintiff's Motion for Garnishment of Wages (Doc. No. 109) is DENIED without prejudice to its renewal upon correction of deficiencies. Signed by Magistrate Judge Michael R Merz on 7/10/2010. (kpf1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON KEMPER MORTGAGE, INC., Plaintiff, -vs: JEFFREY RUSSELL, Defendant. : Case No. 3:06-cv-0042 Magistrate Judge Michael R. Merz DECISION AND ORDER DENYING WITHOUT PREJUDICE PLAINTIFF'S MOTION FOR WRIT OF GARNISHMENT This case is before the Court on Plaintiff's Motion for Garnishment of Wages (Doc. No. 109). The Court notes the following formal deficiencies with the Plaintiff's filing: 1. Rather than preparing the Court Order and Notice of Garnishment in the form required for orders of this Court (See S. D. Ohio Civ. R. 5.11), the document appears to have been copied from a form book. The same is true to a lesser extent of the attached Notice of Court Proceeding to Collect Debt, Payment to Avoid Garnishment, and Reports of the Garnishee. 2. Counsel submitting orders for court signature are required to provide the Court the document in WordPerfect or Word format so that the Court does not have to re-type a document before signing it if the Court decides to make changes. See Electronic Filing Policies and Procedures Manual E(2)(d). 3. Fed. R. Civ. P. 64 specifically provides that parties to federal litigation have available to them the same remedies for seizure of property as are available under the law of the forum State. While the Court has not yet adopted a rule specifying a minimum size for typeface, the size used in several of these documents argues that the day for such a rule may have arrived. 1 1 This does not mean, however, that the remedies will be implemented in the same way as in the state courts. Plaintiff's papers appear to contemplate service of the Court Order and Notice of Garnishment by "the bailiff or sheriff." This Court has no bailiff and the Sheriff of Montgomery County does not serve process issuing from this Court. Service of civil process by the United States Marshal is limited to process from the federal government and that issued on behalf of indigent litigants. See 28 U.S.C. 1915. Consequently, some other method of service must be provided for by Plaintiff. 4. Finally, Plaintiff has not tendered the fee of one dollar as the garnishee's fee required by Ohio Rev. Code 2716.12. The Motion is DENIED without prejudice to its renewal upon correction of these deficiencies. July 10, 2010. s/ Michael R. Merz United States Magistrate Judge 2

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