Lanham Insulation, Inc. v. DS Stainless Process Piping, Inc.

Filing 4

ORDER granting 3 Motion for Writ of Garnishment by Plaintiff Lanham Insulation, Inc. Signed by Magistrate Judge Stephen L. Crocker on 11/20/2017. (Attachments: # 1 Garnishment Summons and Complaint) (arw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

LANHAM INSULATION, INC.
13127 Middletown Industrial Boulevard
Louisville, KY 40223,

Case No.
3:17-mc-00018-slc

Plaintiff-Creditor,
v.
DS STAINLESS PROCESS PIPING, INC.
300 South 11th Street
Abbotsford, WI 54405,
Defendant-Debtor,
and
NICOLET NATIONAL BANK
c/o its President or other individual authorized to accept service of process
101 South 1st Street
Colby, WI 54421,
and
COVANTAGE CREDIT UNION
c/o its President or other individual authorized to accept service of process
723 6th Avenue
Antigo, WI 54409,
Garnishees.
_________________________________________________________________________________
NON-EARNINGS GARNISHMENT SUMMONS AND COMPLAINT

TO THE DEBTOR:
If you have a defense to the claim of the creditor or you have an exemption that applies to the
amount that is subject to garnishment, you are required to answer as described under the Federal
Rules of Civil Procedure within 21 days after you have been served with this non-earnings
garnishment summons and complaint. An Answer form will be served on you with this document.
You must file the original of your answer with the Clerk and serve a copy on the creditor’s attorney
or creditor and on the garnishee.

-2TO THE ABOVE GARNISHEES:
You are summoned as garnishees of the debtors. Within 21 days after you have been served
with this non-earnings garnishment summons and complaint, you are required to answer as described
under the Federal Rules of Civil Procedure whether you are indebted to or have in your possession or
under your control any property of the debtors. An Answer form will be served on you with this
document. You must file the original of your answer with the Clerk and serve a copy on the
creditor's attorney or creditor and on the debtor.
If you fail to answer, judgment will be entered against you for the amount of the creditor’s
judgment against the debtor plus the costs of this action.
If you are indebted to the debtor for payment of the sale of agricultural products grown or
produced by a person or his or her minor children, you are ordered to pay to the debtor the prescribed
amount. You are ordered to retain from the balance the amount of the creditor’s claim and
disbursements, as stated in the annexed complaint pending the further order of the court.
Any excess indebtedness shall not be subject to the garnishment. If you have property
belonging to the debtor and the amount of indebtedness retained is less than the amount claimed and
disbursements, you are to retain the property pending the further order of the court. The amount
retained by you for the creditor’s disbursements may not exceed $40.
If you are notified by the debtor’s answer that an exemption applies, you are ordered to still
withhold the amount of the creditor’s claim and disbursements, pending the further order of the court.
Dated this 13th day of November, 2017.

MURPHY DESMOND S.C.
Attorneys for Plaintiff

By: /s/ Brian P. Thill
Brian P. Thill
Wisconsin State Bar Number: 1039088
[e-mail]
33 East Main Street, Suite 500
P.O. Box 2038
Madison, WI 53701
Phone: [phone]
Facsimile: [phone]
34952.171612
4827-5707-6820, v. 1

[The space below is reserved for the Court’s seal.]
______________________________________________________________________________
CLERK OF COURT
Date: _______________________
11/20/2017

__________________________
s/ A. Wiseman, Deputy Clerk
Signature of Clerk or Deputy Clerk