United States of America v. Thornquist et al

Filing 9

ORDER CONTINUING GARNISHEE ORDER signed by Judge Robert S. Lasnik.(ST)

The Honorable Robert S. Lasnik

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

8
9
10
11

UNITED STATES OF AMERICA,
Plaintiff,

12
13
14
15

v.
COLLEEN M. THORNQUIST,

NO. 2:17-MC-00058-RSL
(2:04-CR-00440-RSM-1)
CONTINUING GARNISHEE
ORDER

Defendant/Judgment Debtor,

16

and

17

DITCO, INC.,

18

Garnishee.

19
20

A Writ of Continuing Garnishment, directed to Garnishee, Ditco, Inc.,

21

has been duly issued and served upon the Garnishee. Pursuant to the Writ,

22

Garnishee Ditco, Inc. filed an Answer on July 6, 2017, stating that at the time

23
24

of the service of the Writ, Defendant/Judgment Debtor Colleen M. Thornquist,

25

(Ms. Thornquist) was an active employee who was paid bi-weekly, and that

26

Garnishee had in its possession, custody, or control, a Simple 401(k) plan,

27

valued at $5,950.32, as of June 29, 2017, in which Defendant/Judgment

28

CONTINUING GARNISHEE ORDER (USA v. Colleen M. Thornquist and Ditco,
Inc., Nos. 2:04-CR-00440-RSM-1 / 2:17-MC-00058-RSL) - 1

UNITED STATES ATTORNEY’S OFFICE
700 STEWART STREET, SUITE 5220
SEATTLE, WA 98101
PHONE: [phone]

1

Debtor Thornquist is vested and eligible to receive upon attainment of age 59-

2

1/2.

3

After notification of the garnishment proceeding was mailed to the

4
5
6

parties on or about June 21, 2017, the Defendant/Judgment Debtor has not
requested a hearing to determine exempt property as of this date.

7

IT IS THEREFORE ORDERED as follows:

8

That the Garnishee, Ditco, Inc., shall pay to the United States District

9

Court for the Western District of Washington, the non-exempt earnings

10
11

payable to Defendant/Judgment Debtor Colleen Thornquist, upon each period

12

of time when Defendant/Judgment Debtor Thornquist is entitled to receive

13

such funds, and shall continue said payments, if any, until

14

Defendant/Judgment Debtor Thornquist’s debt is paid in full or until

15

Defendant/Judgment Debtor is no longer an active employee of Garnishee

16
17

and the Garnishee no longer has possession, custody or control of any funds

18

due and owing to the Defendant/Judgment Debtor or until further order of

19

this Court. This includes all monies required to be previously withheld by the

20

Garnishee, in accordance with the Writ of Continuing Garnishment;

21
22
23

That the Garnishee, Ditco, Inc., shall pay to the United States District
Court for the Western District of Washington, the entire amount (less federal

24

tax withholdings paid to the Internal Revenue Service) of Ms. Thornquist’s

25

non-exempt property from her Simple 401(k) account, as well as any and all

26

accounts in the Garnishee’s possession, custody, or control, in which the

27
28

Defendant maintains an interest and meets the requirements to withdraw,

CONTINUING GARNISHEE ORDER (USA v. Colleen M. Thornquist and Ditco,
Inc., Nos. 2:04-CR-00440-RSM-1 / 2:17-MC-00058-RSL) - 2

UNITED STATES ATTORNEY’S OFFICE
700 STEWART STREET, SUITE 5220
SEATTLE, WA 98101
PHONE: [phone]

1

but such amount shall not exceed the amount necessary to pay Ms.

2

Thornquist’s restitution balance in full;

3

That such payments shall be applied to Defendant/Judgment Debtor

4
5
6
7
8
9

Thornquist’s outstanding obligation, by the United States District Court for
the Western District of Washington; and
That the payment shall be made payable to the United States District
Court, Western District of Washington, referencing Case Nos. 2:04-CR-00440RSM-1 and 2:17-MC-00058-RSL, and delivered either personally or by First

10
11
12
13
14
15

Class Mail to:
United States District Court, Western District of Washington
Attn: Financial Clerk – Lobby Level
700 Stewart Street
Seattle, Washington 98101
DATED this 31st day of August, 2017.

16
17

AS. LASNIK
JUDGE ROBERT

18

United States District Court Judge

19
20
21
22
23

Presented by:
s/ Kyle A. Forsyth
KYLE A. FORSYTH, WSBA #34609
Assistant United States Attorney

24
25
26
27
28

CONTINUING GARNISHEE ORDER (USA v. Colleen M. Thornquist and Ditco,
Inc., Nos. 2:04-CR-00440-RSM-1 / 2:17-MC-00058-RSL) - 3

UNITED STATES ATTORNEY’S OFFICE
700 STEWART STREET, SUITE 5220
SEATTLE, WA 98101
PHONE: [phone]