Free Motion to Dismiss - District Court of Colorado - Colorado

Case 1:01-cv-01667-RPM-BNB

Document 90

Filed 09/22/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-CV-1667-RPM-BNB RICHARD LEE SCHNELLE, Plaintiff, v. ANN M. VENEMAN, Secretary, United States Department of Agriculture, Defendant, and THE RESORT COMPANY, Garnishee.

DEFENDANT'S ACCOUNTING AND MOTION TO DISMISS WRIT OF GARNISHMENT

Pursuant to 28 U.S.C. § 3205(c)(9)(B), Federal Debt Collection Procedures Act of 1990, defendant, United States of America, hereby (1) submits its cumulative accounting of all property (wages) received by defendant under the Writ of Continuing Garnishment filed June 15, 2005, and Order thereon entered August 5, 2005, and (2) moves to dismiss the Writ of Garnishment. 1. Judgment was entered herein on February 25, 2004, in the amount of $1,398.55. 2. Defendant filed a Writ of Garnishment on June 15, 2005, against the Plaintiff's place of employment, The Resort Company. The Court entered a Garnishment Order on August 5, 2005. 3. The total amount received pursuant to this garnishment was $1,298.55.

Case 1:01-cv-01667-RPM-BNB

Document 90

Filed 09/22/2005

Page 2 of 3

4. The garnishment should be dismissed because the debt has been paid in full. WHEREFORE, Plaintiff requests that the Court dismiss the Writ of Garnishment filed on June 15, 2005, in the above captioned case. Respectfully submitted, WILLIAM J. LEONE United States Attorney

Dated: September 22, 2005

s/ Lisa A. Christian LISA A. CHRISTIAN Assistant U. S. Attorney 1225 17th Street, Suite 700 Denver, CO 80202 303-454-0100 Fax: (303) 454-0404 [email protected] Attorneys for Plaintiff United States of America

Case 1:01-cv-01667-RPM-BNB

Document 90

Filed 09/22/2005

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on September 22, 2005, I electronically filed the foregoing with the Clerk of the Court using the ECF system which will send notification of such filing to the following email addresses: [email protected] In addition, I hereby certify that I have mailed the document to the following non CM/ECF participants: Richard Lee Schnelle P.O. Box 350 Avon, CO 81620 The Resort Company P.O. Box 772995 Attn: Maria Porter Steamboat Springs, CO 80477

s/ Kristi Cote Office of the U.S. Attorney 1225 17th Street, Suite 700 Denver, Colorado 80202 (303) 454-0100 Fax: (303) 454-0404