Brewer v. Dynamic Recovery Services Inc

Filing 72

ORDER granting 71 Motion to Bring Third Party Payment Companies before the Court to Identify Assets of Judgment Debtor and Apply the Assets to the Outstanding Judgment, notifying parties a hearing will be held 11/24/2014 fo r Western Union Financial and Money Gram Payment Systems, Inc. to testify as to the amount of money each has received and/or owes or is otherwise obligated to remit to the Defendant, Dynamic Recovery Services, Inc., up to the amount of the $30,000 judgment obtained by the Plaintiff. Signed by Honorable Joseph F. Anderson, Jr. on 09/25/2014.(bshr, )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION

John Brewer, on behalf of himself and
all others similarly situated,
Plaintiff,
vs.
Dynamic Recovery Services, Inc.,
Defendant.

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C/A No.: 3:13-286-JFA

ORDER

It appearing to this court that the Plaintiff in this action has obtained a final judgment
against the Defendant, Dynamic Recovery Services, Inc., in the amount of $30,000, which
at this time remains unsatisfied; and it appearing that Defendant is in the debt collection
business and, according to its website, Defendant “enables consumers to pay debts through
either of two-third party payment companies, WESTERN UNION FINANCIAL SERVICES,
INC. and MONEY GRAM PAYMENT SYSTEMS, INC.; and it thus appearing that
WESTERN UNION FINANCIAL SERVICES, INC. and MONEY GRAM PAYMENT
SYSTEMS, INC. receive and possess funds owed to the Defendant; and it further appearing
that South Carolina law empowers courts to order third parties who are potential debtors of
a judgment debtor to appear and be examined about assets they have that may be owed to the
judgment debtor (see S.C. Code § 15-39-350 and § 15-39-380), IT IS HEREBY ORDERED
that WESTERN UNION FINANCIAL SERVICES, INC. and MONEY GRAM PAYMENT
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SYSTEMS, INC. are hereby ordered and enjoined as follows: Neither WESTERN UNION
FINANCIAL SERVICES, INC. nor MONEY GRAM PAYMENT SYSTEMS, INC. may
transfer any assets belonging to the Defendant, Dynamic Recovery Services, Inc., until
further order of this court. It is further ordered that WESTERN UNION FINANCIAL
SERVICES, INC. and MONEY GRAM PAYMENT SYSTEMS, INC. send a corporate
representative to a hearing to be conducted in Courtroom No. 4, Matthew J. Perry, Jr. United
States Courthouse, 901 Richland Street, Columbia, South Carolina, at 10:00 a.m. on Monday,
November 24, 2014, to testify as to the amount of money each has received and/or owes or
is otherwise obligated to remit to the Defendant, Dynamic Recovery Services, Inc., up to the
amount of the $30,000 judgment obtained by the Plaintiff.
WESTERN UNION FINANCIAL SERVICES, INC. and MONEY GRAM
PAYMENT SYSTEMS, INC., are hereby advised that they may avoid sending an officer to
testify at the hearing by remitting to Plaintiff’s counsel any money received for and/or that
they owe or are otherwise obligated to remit to the Defendant, up to the amount of the
$30,000 judgment.
WESTERN UNION FINANCIAL SERVICES, INC. and MONEY GRAM
PAYMENT SYSTEMS, INC. are hereby advised that failure to comply with the terms of this
court order may subject the violator to contempt of court sanctions.
The Clerk of Court is directed to send a certified copy of this order by registered mail,
return receipt requested, to both of the non-parties, WESTERN UNION FINANCIAL

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SERVICES, INC. and MONEY GRAM PAYMENT SYSTEMS, INC., at the address of their
registered agents for service of process, which is as follows:
CT Corporation System
2 Office Park Court, Suite 103
Columbia, South Carolina 29223
IT IS SO ORDERED.

September 25, 2014
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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