Free Motion for Order - District Court of Colorado - Colorado

Case 1:00-cv-02360-MJW-OES

Document 106

Filed 04/20/2006

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Case No. 00-cv-02360-MJW-OES DAVID A. CLANCY, Plaintiff, v. CHARLES A. MILLER, et al., Defendants, and TIMROTH CONSTRUCTION INC., Garnishee.

MOTION FOR ENTRY OF GARNISHEE ORDER

Defendant, counterclaimant, and cross-claimant United States of America respectfully moves for entry of a Garnishee Order directed to TIMROTH CONSTRUCTION INC., 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 February 24, 2006. 2. As set forth in the attached Declaration of Carolyn Dean, the Writ of

Continuing Garnishment and the Clerk's Notice of Post-Judgment Garnishment were sent to the Garnishee by certified mail, and the Garnishee received the documents. Dean Declaration, Ex. 1, ¶ 2; Certified Mail Receipt, Ex. 2. 3. The Application for Writ of Garnishment, Writ of Garnishment, and Clerk's

Case 1:00-cv-02360-MJW-OES

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Notice of Post-Judgment Garnishment, were mailed to the judgment debtor's attorney by certified mail on March 7, 2006. These documents notified defendant of the right to request, within twenty days, a hearing to determine exempt property. Dean Decl., Ex. 1, ¶ 3. 4. The Garnishee filed an answer on March 15, 2006, 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 wages. 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 25% of Defendant's disposable wages to the United States each pay period, continuing until the judgment debt 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, WILLIAM J. LEONE United States Attorney

Dated: April 20, 2006

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 2

Case 1:00-cv-02360-MJW-OES

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CERTIFICATE OF SERVICE I hereby certify that on April 20, 2006 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: David H. Clancy c/o Gary A. W right, Esq. 715 W . Main Street, Suite 201 Aspen, CO 81611 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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