Free Application - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona ELIZABETH A. WILSON Assistant U.S. Attorney Arizona State Bar No. 017087 Financial Litigation Unit 405 W. Congress, #4900 Tucson, Arizona 85701-5041 Telephone: (520)620-7300 [email protected] Attorney for Plaintiff

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, MC-03-0022-PHX v. Carlos A. Moe, Defendant, and Advanced Urgent Care LLC, Garnishee. WRIT OF CONTINUING GARNISHMENT

GREETINGS TO: Advanced Urgent Care LLC An application for a Writ of Garnishment against the property Carlos A. Moe, defendant, has been filed with this Court. A judgment has been entered against the abovenamed defendant in the amount of $24,694.06 consisting of principal, costs and accruing interest. There is a balance due of $14,047.46 through December 28, 2005. You are required by law to answer in writing, under oath, within ten days, whether or not you have in your possession, any non-exempt property of the defendant. Pending further order of this court, you shall withhold and retain on a continuing basis 25% of the defendant judgment debtor's non-exempt earnings, if any, as you determine in accordance with the Non-Exempt Earnings Statement form attached to the Answer of Garnishee form provided you.

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Please state whether or not you anticipate paying the debtor any future payments and whether such payments are weekly, bi-weekly, monthly, or otherwise. You must file the original written answer to this writ within ten days of your receipt of this writ with the United States District Clerk at: 401 West Washington Street, SPC 1, Phoenix, Arizona 85003-2118. Additionally, you are required by law to serve a copy of your answer upon the debtor at: Mesa, AZ and upon the United States Attorney at Financial Litigation Unit, 405 West Congress, Suite 4900, Tucson, Arizona 85701-5041. Under the law, there are disposable earnings which are exempt from this writ of Garnishment. Pursuant to 15 U.S.C. §1674, Garnishee is prohibited from discharging the defendant from employment by reason of the fact that his earnings have been subject to garnishment for any one indebtedness. If you fail to answer this writ or withhold property in accordance with this writ, the United States of America may petition the Court for an order requiring you to appear before the Court. If you fail to appear or do appear and fail to show good cause why you failed to comply with this writ, the Court may enter a judgment against you for the value of the debtor's non-exempt property. It is unlawful to pay or deliver to the defendant any item attached by this writ. Date: RICHARD H. WEARE Clerk, U.S. District Court District of Arizona

By: __________________________ Deputy Clerk

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PAUL K. CHARLTON United States Attorney District of Arizona ELIZABETH A. WILSON Assistant U.S. Attorney Arizona State Bar No. 017087 Financial Litigation Unit 405 W. Congress, #4900 Tucson, Arizona 85701-5041 Telephone: (520)620-7300 [email protected] Attorney for Plaintiff

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, MC-03-0022-PHXv. Carlos A. Moe, Defendant, and Advanced Urgent Care LLC, Garnishee. CLERK'S NOTICE OF POST JUDGMENT GARNISHMENT

You are hereby notified that your earnings, up to 25% of your nonexempt earnings are being garnished in payment of your indebtedness to the United States, in MC-03-0022-PHX, District of Arizona, in the sum of $24,694.06. A balance of $14,047.46 remains outstanding on this judgment. You are also notified that there are exemptions under the law which protect approximately 75% of your earnings. Your earnings are exempt except for the lesser of 25% per week of your wages or the amount in excess of 30 times the minimum wage. If you have any orders of alimony or child support against you, or if you have other prior garnishments against you, they take priority over this garnishment. If you think you are not being given the benefit of the above exemption, or other court orders or garnishments are not being given proper priority, you may ask the court for a hearing. If you want a hearing, you must notify the court within 20 days after receipt of the notice. Your request must be in writing. You must either mail it or deliver it in person to the Clerk of the United States District Court at 401 West Washington Street, SPC 1, Phoenix, Arizona 85003-2118. You must also send a copy of your request to the United States Attorney, Financial Litigation Unit at 405 West Congress, Suite 4900, Tucson, Arizona 85701-5041, so the Government will know you want a hearing. The hearing will take place within 10 days after the Clerk receives your request, if you ask for it to take place that quickly, or as soon after that as possible.

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At the hearing you may explain to the judge why you think you do not owe the money to the Government. If you do not request a hearing within 20 days of receiving this notice, approximately 25% will be withheld from your earnings and paid to the Government to be applied to your debt. If you think you live outside the Federal judicial district in which the court is located, you may request, not later than 20 days after you receive this notice, that this proceeding to take your earnings be transferred by the court to the Federal judicial district in which you reside. You must make your request in writing, and either mail it or deliver it in person to the Clerk of the Court at 401 West Washington Street, SPC 1, Phoenix, Arizona 85003-2118. You must also send a copy of your request to the Government at U.S. Attorney's Office, Financial Litigation Unit, 405 West Congress, Suite 4900, Tucson, Arizona 85701-5041, so the Government will know you want the proceeding to be transferred. If you have any questions about your rights or about this procedure, you should contact a lawyer, an office of public legal assistance, or the clerk of the court. The clerk is not permitted to give legal advice, but can refer you to other sources of information. Date:

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Case 2:03-mc-00022-MHM

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