United States of America v. Surita et al

Filing 11

ORDER granting 9 Motion for Continuing Garnishee Order for Wages, signed by Judge Benjamin H. Settle.(CMG)

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The Honorable Benjamin H. Settle 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 8 9 10 UNITED STATES OF AMERICA, 11 Plaintiff, 12 13 14 v. GILBERT SURITA, 17 Continuing Garnishee Order for Wages and R.T. LONDON COMPANY, Garnishee. 18 19 20 (3:07-CR-5757-1) Defendant/Judgment Debtor, 15 16 NO. 3:15-MC-05007-BHS A Writ of Continuing Garnishment for Wages, directed to Garnishee, R.T. London Company, has been duly issued and served upon the Garnishee. 21 22 Pursuant to the Writ, Garnishee R.T. London Company filed an Answer on 23 February 23, 2015, stating that at the time of the service of the Writ, 24 Defendant/Judgment Debtor Gilbert Surita was an active employee who was 25 paid weekly. 26 // 27 28 // CONTINUING GARNISHEE ORDER FOR WAGES (USDC#: 3:15-MC-05007-BHS/3:07-CR-5757-1) - 1 UNITED STATES ATTORNEY’S OFFICE 700 STEWART STREET, SUITE 5220 SEATTLE, WA 98101 PHONE: 206-553-7970 After notification of the garnishment proceeding was mailed to the 1 2 3 parties on or about February 11, 2015, the Defendant/Judgment Debtor has not requested a hearing to determine exempt property as of this date. 4 IT IS THEREFORE ORDERED as follows: 5 That the Garnishee, R.T. London Company, shall pay to the United 6 7 States District Court for the Western District of Washington, the non-exempt 8 earnings payable to Defendant/Judgment Debtor Gilbert Surita, upon each 9 period of time when Defendant/Judgment Debtor Surita is entitled to receive 10 11 such funds, and shall continue said payments, if any, until 12 Defendant/Judgment Debtor Surita’s debt is paid in full or until 13 Defendant/Judgment Debtor is no longer an active employee of Garnishee 14 and the Garnishee no longer has possession, custody or control of any funds 15 due and owing to the Defendant/Judgment Debtor or until further order of 16 17 18 this Court. This includes all monies previously withheld by the Garnishee, in accordance with the Writ of Continuing Garnishment for Wages; That such payments shall be applied to Defendant/Judgment Debtor 19 20 21 22 Surita’s outstanding obligation, by the United States District Court for the Western District of Washington; and That the payments shall be made out to the United States District 23 24 Court, Western District of Washington, referencing Case Nos. 3:07-CR-5757-1 25 and 3:15-MC-05007-BHS, and delivered either personally or by First Class 26 Mail to: 27 28 // CONTINUING GARNISHEE ORDER FOR WAGES (USDC#: 3:15-MC-05007-BHS/3:07-CR-5757-1) - 2 UNITED STATES ATTORNEY’S OFFICE 700 STEWART STREET, SUITE 5220 SEATTLE, WA 98101 PHONE: 206-553-7970 3 United States District Court, Western District of Washington Attn: Financial Clerk – Lobby Level 700 Stewart Street Seattle, Washington 98101; and 4 That this Continuing Garnishee Order for Wages shall continue until 5 the Court orders otherwise or that one of the following conditions is met: (1) 1 2 6 the debt of the Defendant/Judgment Debtor is paid in full or (2) the 7 8 9 10 11 Defendant/Judgment Debtor is no longer an active employee of Garnishee and Garnishee no longer has possession, custody, or control of any further funds belonging to the Defendant/Judgment Debtor. DATED this 29th day of April, 2015. 12 A 13 14 BENJAMIN H. SETTLE United States District Judge 15 16 17 18 19 20 Presented by: s/ Kyle A. Forsyth KYLE A. FORSYTH, WSBA # 34609 Assistant United States Attorney 21 22 23 24 25 26 27 28 CONTINUING GARNISHEE ORDER FOR WAGES (USDC#: 3:15-MC-05007-BHS/3:07-CR-5757-1) - 3 UNITED STATES ATTORNEY’S OFFICE 700 STEWART STREET, SUITE 5220 SEATTLE, WA 98101 PHONE: 206-553-7970

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