Free Motion for Order - District Court of Colorado - Colorado

Case 1:01-cr-00076-WDM

Document 60

Filed 03/22/2008

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 01-cr-00076-WDM UNITED STATES OF AMERICA, Plaintiff, v. STANLEY H. HERTING, III, Defendant, and WASHINGTON MUTUAL, Garnishee.

MOTION FOR ENTRY OF GARNISHEE ORDER

Plaintiff United States of America respectfully moves for entry of a Garnishee Order directed to WASHINGTON MUTUAL, Garnishee. As grounds therefore, the United States advises as follows: 1. Upon application of the United States, the Clerk of the Court issued a Writ

of Garnishment, directed to Garnishee, on January 22, 2008. 2. As set forth in the attached Declaration of Carolyn Dean, the Writ of

Continuing Garnishment and the Application for Writ of Garnishment were sent to the Garnishee by certified mail. The documents were received by the Garnishee on January 28, 2008. Dean Declaration, Ex. 1, ¶ 2; 3. The Application for Writ of Garnishment, Writ of Garnishment, and Clerk's

Notice of Post-Judgment Garnishment, were mailed to the judgment debtor by first

Case 1:01-cr-00076-WDM

Document 60

Filed 03/22/2008

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class mail on January 29, 2008, at his last known address. Dean Declaration Ex. 1, ¶ 3. These documents notified defendant of the right to request, within twenty days, a hearing to determine exempt property. 4. Dean Decl., Ex. 1, ¶ 3.

The Garnishee filed an answer on February 25, 2008, stating that it had in

its possession or under its control personal property belonging to and due Defendant, and that it was indebted to Defendant in the form of money in bank accounts. 5. Defendant has not filed a request for a hearing.

WHEREFORE, pursuant to 28 U.S.C. § 3205(c)(7), the United States respectfully requests that the Court enter a Garnishee Order directing the Garnishee to pay over to the United States all funds in its possession as may be available to apply to the satisfaction of the judgment debt until it is paid in full or until the Garnishee no longer has custody, possession or control of any property belonging to the Defendant, or until further order of this Court. Respectfully submitted, TROY A. EID United States Attorney

Dated: March 21, 2008

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

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Case 1:01-cr-00076-WDM

Document 60

Filed 03/22/2008

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CERTIFICATE OF SERVICE I hereby certify that on March 22, 2008 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 or faxed the document to the following non CM/ECF participants: Washington Mutual Levy Department PO Box 659635 San Antonio, TX 78265 Stanley H. Herting 3600 Data Drive, # 146 Rancho Cordova, CA 95670

s/ Lisa A. Christian LISA A.CHRISTIAN Office of the United States Attorney 1225 17th Street, Suite 700 Denver, Colorado 80202 (303) 454-0100

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