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United States v. Thomas

December 6, 2006

UNITED STATES OF AMERICA PLAINTIFF
v.
EUGENE THOMAS, SSN: XXX-XX-4207 DEFENDANT, AND PCCA SP (SUN PARK) GARNISHEE.



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

GARNISHEE ORDER

On September 22, 2006 a Writ of Continuing Garnishment ("Writ") was duly issued to the Garnishee, Parking Company of America (Sun Park) ("Garnishee"). (Doc. #44) The Writ was served upon the Garnishee on September 29, 2006.(Doc. #49, Exhibit A) Pursuant to the Writ, the Garnishee filed an Answer on October 16, 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 PCCA SP (Sun Park); and that the Defendant receives wages from the Garnishee. (Doc #48)

The Defendant was notified of his/her right to a hearing and has not requested a hearing to determine exempt property.

IT IS ORDERED that Garnishee pay twenty-five percent (25%) of the Defendant's disposable earning (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 earning withheld by the Garnishee from the date of the issuance of the Writ of Continuing Garnishment until the date of this Order.

Terence P. Kemp United States Magistrate Judge

20061206

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