Free Writ of Garnishment - District Court of Arizona - Arizona

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7 IN THE UNITED STATES DISTRICT COURT
8 IN AND FOR THE STATE OF ARIZONA
9 Cathleen Channel, )
Theresa Wharry, )
10 Stacie Hanson, )
Monique Nichols, )
1 1 )
2 Plaintiffs, ) Case No. CIV 2003-0100 PHX ROS
1 )
vs. )
13 ) WRIT OF GARNISHMENT
Home Mortgage, Inc., an )
14 Arizona corporation conducting )
business in Arizona, )
15 Carl Brown; )
Molly Brown; )
16 Greg Brown; )
Jane Doe Brown; )
Defendants. )
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19 TO UBS Financial Services, Inc., Carl Brown and Molly Brown:
20 On February 5, 2008, Plaintiffs recovered judgment against the Defendants/Judgment
21 Debtors Carl Brown and Molly Brown. The outstanding balance on the Judgment, as of
22 May 7, 2008, is $340,404.33. Interest accrues on the amount of $236,632.16 (the initial
23 judgment and attorneys’ fee award) at the rate of .97% per annum from July 20, 2003, until
24 satisfaction. Interest accrues on the amount of $84,169 (the costs and attorneys’ fee award
25 in the February 5, 2008 Judgment) at the rate of .97% per annum from February 5, 2008,
26 until satisfaction. The Judgment is unsatisfied.
27 The above—na1ned Cathleen Channel, Theresa Wharry, Stacie Hanson and Monique
28 Nichols claim that the above-named Carl Brown and Molly Brown are indebted to Cathleen
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1 Channel, Theresa Wharry, Stacie Hanson and Monique Nichols and that the amount of
2 Three Hundred Forty Thousand Four Hundred Four Dollars and Thirty—Three Cents
3 ($340,404.33) should be held to satisfy that indebtedness and has applied for a writ of
4 garnishment against you.
5 The name and address of the Garnishee or his authorized agent is: UBS Financial
6 Services, Inc., 2555 Camelback Road, Suite 2600, Phoenix, Arizona 85016.
7 The name and address of Cathleen Channel, Theresa Wharry, Stacie Hanson and
8 Monique Nichols , the Judgment Creditors, and their attorney, James Burr Shields, are:
9 Cathleen Channel, Theresa Wharry, Stacie Hanson and Monique Nichols, c/o James
10 Burr Shields, Esq., 382 East Palm Lane, Phoenix, Arizona 85004-1531.
11 The last known mailing address of the Judgment Debtors are: Carl Brown and
12 Molly Brown, c/o George A. Tacker, Esq., 11435 W. Buckeye Road, Suite 104-412,
13 Avondale, Arizona $5323-0001.
14 You are hereby commanded to answer this writ by filling in the attached form
15 according to the instructions thereon, and to mail or deliver the original of such answer to
16 the Court, with one copy to the Plaintiffs’ attorney, and one copy to the Defendants, within
17 ten (10) days after the service of the writ upon you.
18 Unless directed by the Court, do not pay any debt owed the Plaintiffs when this writ
19 was served, or deliver, sell, or transfer, or recognize any sale or transfer of, any personal
20 property or effects of the Defendants in your possession or control when this writ was
21 served; any such payment, delivery, or transfer is void as to so much of the debt, property
22 or shares as are necessary to satisfy the claim of Plaintiffs and costs for this writ with
23 interest. {
24 In the event that you owe to Defendants a debt payable in money and subject to this
a 25 garnishment in excess of the amount set forth in the first paragraph of this garnishment, you
26 must hold only the amount set forth in said first paragraph of this garnishment and may
27 release all additional funds or property to Defendants.
28 WHETHER OR NOT YOU OWE ANYTHING TO THE DEFENDANTS,
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1 YOUR FAILURE TO ANSWER AS REQUIRED MAY MAKE YOU LIABLE FOR
2 THE CLAIIVIED DEBT TO PLAINTIFFS. A
3 NOTICE TO DEFENDAN TS: THE LAW MAY PROTECT CERTAIN TYPES
4 AND AMOUNTS OF YOUR INCOME AND PROPERTY FROM GARNISHMEN T.
5 TO CLAIM SUCH EXEM1>r1oNs, YOU MUST FILE A SWORN STATEMENT
6 _ WITH THE COURT WITI·HN TEN DAYS AFTER THE GARNISHEE ANSWERS
7 THIS WRIT.
8 SUMMON S
9 In obedience to the foregoing writ of garnishment, I DO HEREBY SUMMON AND
10 REQUIRE YOU TO APPEAR and answer the foregoing writ in the manner prescribed by
11 law within the time prescribed in said writ, and you are hereby notified that in case you fail
12 to so answer, the Court may issue an order requiring you to appear before the Court at a time
13 and place specified in order to answer the writ. In the event you fail to appear after service
14 of the order requiring you to appear, in person, judgment by default may be rendered against
15 you for the full amount of the judgment against the Judgment Debtors, plus an award of
16 attomeys’ fees incurred by Judgment Creditors. A.R.S. § 12-1583.
A 17 l SIGNED AND SEALED this day of May, 2008.
18 Clerk of the.U·.S.· District Court
_ District of Arizona ’ii` j p_tc
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