Free Application for Writ - District Court of Arizona - Arizona

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FENNEMORE CRAIG , P.C.
P HOENIX

FENNEMORE CRAIG, P.C. Janet Weinstein (No. 011910) Kevin J. Bonner (No. 017944) Nicolas B. Hoskins (No. 023277) 3003 North Central Avenue Suite 2600 Phoenix, Arizona 85012-2913 Telephone: (602) 916-5000 Email: [email protected] Attorneys for Plaintiff

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Century 21 Real Estate Corporation, Plaintiff, v. Daryush B. Motlagh and Jane Doe Motlagh, husband and wife; Integrity Assurance, Inc. an Arizona corporation, Defendants. Daryush B. Motlagh and Jennifer Motlagh, husband and wife; Integrity Assurance, Inc., an Arizona corporation, Counterclaimants, v. Century 21 Real Estate Corporation, a Delaware corporation doing business in the State of Arizona, Does(s) 1 through 100, Counterdefendants. Bank of America, N.A., Garnishee. WRIT OF Earnings) GARNISHMENT (NonNo. CIV 03 2353-PHX-DGC

(Assigned to the Hon. David G. Campbell)

Case 2:03-cv-02353-DGC

Document 103-2

Filed 06/22/2007

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FENNEMORE CRAIG , P.C.
P HOENIX

THE UNITED STATES DISTRICT COURT, DISTRICT OF ARIZONA, TO: THE UNITED STATES MARSHAL, AND ANY OTHER OFFICER OR INDIVIDUAL WHO IS AUTHORIZED BY LAW TO SERVE PROCESS: THE JUDGMENT CREDITOR (as defined below) HAS A CLAIM OF $53,390.28, as of June 22, 2007, together with accruing post-judgment interest, costs and other relief awarded in this action against the following Judgment Debtor: DARYUSH B. MOTLAGH and JENNIFER MOTLAGH, husband and wife THEREFORE, PURSUANT TO A.R.S. § 12-1574, YOU ARE COMMANDED to summon to appear before this Court the Garnishees whose names and addresses appear below and who are believed to be within your county: Bank of America, N.A. 3030 N. Central Ave. Phoenix, Arizona 85012 The Judgment Creditor states as follows: 1. 2. The Judgment Creditor has a Judgment against the Judgment Debtor. As of June 22, 2007, the outstanding balance due on the Judgment, including post-judgment interest, is $53,390.28, plus accruing interest. Interest continues to accrue on the principal amount at the rate of 4.93% per annum or $7.12 per day, based upon the current principal amount. The name and address of the Garnishee is: Bank of America, N.A. 3030 N. Central Ave. Phoenix, Arizona 85012
4.

3.

The name and last known mailing address of the Judgment Debtor is: DARYUSH B. MOTLAGH and JENNIFER MOTLAGH c/o Donald P Williams, Esq. Law Office of Don P Williams PO Box 5308 Goodyear, AZ 85338-0605 623-297-4211 Fax: 623-321-8026

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FENNEMORE CRAIG , P.C.
P HOENIX

5.

The Judgment Creditor's name and address is: Century 21 Real Estate Corporation c/o Kevin J. Bonner Fennemore Craig, P.C. 3003 N. Central Avenue, Ste. 2600 Phoenix, AZ 85012-2913 and its attorney's name and address is: Kevin J. Bonner Fennemore Craig, P.C. 3003 N. Central Avenue, Ste. 2600 Phoenix, AZ 85012-2913

TO THE ABOVE-NAMED GARNISHEE: GARNISHEE SHALL answer in writing, under oath, within ten (10) days after the service of the Writ of Garnishment upon you, all of the following questions: 1. Whether the Garnishee was indebted to or otherwise in possession of monies of the Judgment Debtors at the time the Writ was served. 2. The total amount of indebtedness or monies in possession of the Garnishee at the time the Writ was served. 3. The amount of indebtedness or monies withheld by the Garnishee pursuant to the Writ. 4. The amount of indebtedness or monies not withheld by the Garnishee, and the reason for not withholding. 5. Whether the Garnishee was in possession of personal property of the Judgment Debtors at the time the Writ was served. 6. A description of each item, or group of items, of personal property of the Judgment Debtors in the Garnishee's possession at the time the Writ was served. 7. A list of the personal property withheld by the Garnishee pursuant to the Writ. 8. What other person or entity, within Garnishee's knowledge, is indebted to the Judgment Debtors or in possession of personal property of the Judgment Debtors. 9. Whether the Garnishee is a corporation in which the Judgment Debtors owns shares of stock or some other interest. 10. A statement of the number and types of shares owned by the Judgment Debtors and a description of any other interests the Judgment Debtors own in the Garnishee's Corporation as of the date the Writ was served, as shown on the Corporation's records.
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FENNEMORE CRAIG , P.C.
P HOENIX

11. The name, address and telephone number of the Garnishee. 12. The date and manner of delivery of a copy of the Writ and the Notice to the Judgment Debtors. 13. The date and manner of delivery of a copy of the Answer to the Judgment Creditor and Judgment Debtors. FROM AND AFTER SERVICE OF THE WRIT OF GARNISHMENT, the Garnishee shall not pay to the Judgment Debtors any debt that is not exempt, nor turn over any non-exempt personal property, stock or any other interest the Judgment Debtors own in the Garnishee corporation to the Judgment Debtors. SUMMONS In obedience to the attached and foregoing Writ of Garnishment, I DO HEREBY SUMMON AND REQUIRE YOU TO APPEAR and answer the foregoing writ and in the manner prescribed by law within the times prescribed in said writ. You are hereby notified that in case you fail to so answer, the Court may issue an order requiring you to appear in person before it to answer the writ or to file and serve, at least five (5) days before the appearance date, a copy of the answer on the party for which the writ has been issued, or on his attorney if the party is represented by counsel. If you fail to appear or to file and serve the answer as specified in the order, judgment by default may be rendered against you for the full amount awarded in the Judgment and not merely for the amount you may owe to the Judgment Debtors, and that such judgment may be so rendered in addition to any other matters which may be adjudged against you as prescribed by law. SIGNED AND SEALED this date:________________ _________________________________ Clerk By __________________________________ Deputy Clerk

1928992

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