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United States v. Bates

November 27, 2006

UNITED STATES OF AMERICA PLAINTIFF
v.
LEO C. BATES, DEFENDANT, AND OHIO DEPARTMENT OF HEALTH, GARNISHEE.



The opinion of the court was delivered by: Magistrate Judge Merz

SSN: XXX-XX-5010

GARNISHEE ORDER

On October 6, 2006 a Writ of Continuing Garnishment ("Writ") was duly issued to the Garnishee, OHIO DEPARTMENT OF HEALTH ("Garnishee"). (Doc. #18) The Writ was served upon the Garnishee on October 10, 2006.(Doc. #21, Exhibit A). Pursuant to the Writ, the Garnishee filed an Answer on October 20, 2006 stating that Garnishee is in possession, custody or has in its control, personal property belonging to and due the Defendant; that Defendant is employed by OHIO DEPARTMENT OF HEALTH; and that the Defendant receives wages from the Garnishee. (Doc #20)

The Defendant was notified of his right to a hearing and on November 7, 2006 requested a hearing to determine exempt property. On November 15, 2006, Defendant appeared for his hearing but did not present documentation that his earnings were exempt from garnishment.

IT IS ORDERED that Garnishee pay twenty-five percent (25%) of the Defendant's disposable earnings (less any court ordered child support) to Plaintiff on a bi-weekly pay period and continue said payments until the debt to the Plaintiff is paid in full or until the Garnishee no longer has custody, possession or control of any property belonging to the debtor or until further Order of this Court.

IT IS FURTHER ORDERED that the Garnishee pay to the Plaintiff the total amount of disposable earnings withheld by the Garnishee from the date of the issuance of the Writ of Continuing Garnishment until the date of this Order.

Michael R. Merz Chief United States Magistrate Judge

20061127

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