Free Other Notice - District Court of Arizona - Arizona


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Date: June 19, 2007
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State: Arizona
Category: District Court of Arizona
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l DANIEL G. KNAUSS
United States Attorney
2 District of Arizona
ELIZABETH A. WILSON
3 Assistant U.S. Attomey
Arizona State Bar No. 017087 _
4 Financial Litigation Unit
405 W. Congress, #4900
5 Tucson, Arizona 85701-5041
Telephone; (520)620—7300
6 [email protected] A
7 Attomey for Plaintiff
8 .
UNITED STATES DISTRICT COURT
9
DISTRICT OF ARIZONA
10
. 11 United States of America,
12
CR-03-1205-PHX-PGR ·
13 V-
14 Kirk Patrick St John, WRIT OF CONTINUING
GARNISHMEN T
1 5 Defendant,
and
° 16 Power Ski International Corporation,
17 ‘ Garnishee.
l 8 ·
19 . . .
20 GREETINGS TO: Power Ski International Corporation .
21 An application for a Writ of Gamishment against the property of Kirk Patrick St
22 John, defendant, has been filed with this Court. A judgment has been entered against the
2 above—named defendant in the amount of $15,750.00 consisting of principal, costs and
- 3
24 accruing interest. There is a balance due of $13,850.00 through June 12, 2007.
25 You are required by law to answer in writing, under oath, within @ days, whether
26 or not you have in your possession, any non-exempt property of the defendant.
27 Pending further order of this court, you shall andretain on a continuing
basis 25% of the defendant judgment debt0r's non—exempt earnings, if any, as you
1 ase 2:03-cr-01205-PGR Document 51 Filed 06/18/2007 Page 1 of 4

H 1 determine in accordance with the Non-Exempt Eanrings Statement fonn attached to the
2 Answer of Garnishee form provided you. h
3 Please state whether or not you anticipate paying the debtor any future payments
V 4 and whether such payments are weekly, bi—weekly, monthly, or otherwise.
. 5 You must file the original written g1_1 to this writ y_v_ithjp_ @ @35 of your receipt
6 of this writ with the United States District Clerk at: 401 West Washington Street, SPC 1,
7 Phoenix, Arizona 85003-2118. Additionally, you are required by law to serve a copy of
8 your answer upon the QQ at: Oceanside, California, and upon the United States
9 Attorney at Financial Litigation Unit, 405 West Congress, Suite 4900, Tucson, Arizona
, 10 85701-5041.
11 Under the law, there are disposable eamings which are exempt from this writ of
12 Garnishment. Pursuant to 15 U.S.C. § 1674, Gamishee is prohibited from discharging the
13 defendant from employment by reason of the fact that his earnings have been subject to
14 garnishment for any one indebtedness. n
15 lf you fail to answer this writ or withhold property in accordance with this writ, the
16 United States of America may petition the Court for an order requiring you to appear
. 17 before the Court. If you fail to appear or do appear and fail to show good cause why you
18 failed to comply with this writ, the Court may enter a judgment against you for the value
19 of the debtor's non—exempt property. It is unlawful to pay or deliver to the defendant any
20 item attached by this writ.
21 Date: x {gl gl' 5; , 02/%
22 RICHARD H, WEARE
23 Sl2{}·itl’};?x%§§%3tC°““
25 By: < ” .
26 eputy _ er
27
K
ase 2:03-cr-01205-PGR Document 51 Filed 06/18/2007 Page 2 of 4

1 DANIEL G. KNAUSS
United States Attorney
2 District of Arizona
ELIZABETH A. WILSON
3 Assistant U.S. Attorney
Arizona State Bar No. 017087
. 4 Financial Litigation Unit
405 W. Congress, #4900 .
5 Tucson, Arizona 85701-5041
Telephone: (520)620-7300
6 [email protected] ·
7 Attomey for Plaintiff
I
9 UNITED STATES DISTRICT COURT
10 DISTRICT OF ARIZONA
11 United States of America,
12
CR-03-1205-PHX-PGR .
v.
*3 _ _ CLERK'S Norton or Posr
14 Kirk Patrick St John, JUDGMENT GARNISHMENT
1 5 and Defendant,
16 Power Ski Intemational Corporation,
17 · Gamishee.
1 8 .
19 . . .
_You are hereby notified that your earmngs, up to 25% of your nonexempt earnings
20 are beingpgiarmshed in payment of your in ebtedness to the United States, in C -
03-1205- X—PGR, District of Arizona, in the sum of $15,750.00. A balance of
21 $13,850.00 remains outstanding on this Judgment.
22 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
23 2 Ai per wee of your wages or the amount 1n 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
24 garnishments against you, they take priority overt 1S gamishment. If you think yp: are
not being given the benefit ofthe above exemption, or other couit orders or garnis . ents
25 are not being given proper priority, you may ask the court for a hearing.
26 _ _ IfYyou want a hearing; you must notgfy-the court within 20_days after receipt of the .
notice. our reaxuest must e in writing. ou must either mail it or deliver It in erson
27 to the Clerk _of t e United States District Court at 401 West Washington Street, SPC 1
Phoenix, Arizona 85003-21 18. You must also send a copy of your request to the United
ase 2:03-cr-01205-PGR Document 51 Filed 06/18/2007 Page 3 of 4

1 States Attorney, Financial Litigation Unit at 405 West Congress, Suite 4900, Tucson,
j; Arizona 85701-5041 , so the Government w1ll know you want a hearing.
2 . . . . .
;,_ The hearing will take place within 10 days after the Clerk receives your request,
3 if you ask for it to take place that quickly, or as soon after that as possrble.
4 At the hearing you may explain to the judge why you _think you do not owe the
money to the Government. If you o not re%est a hearing within 20 days of receiving thrs
5 notice, approximately 25% will be wrt eld from your earnings and pard to the
6 Government to be applied to your debt.
lf you think you live outside the Federal judicial district in which the court is
7 located _you maly request, not later than 20 days after you receive this n_ot1oe, that this
proceeding to ta _e your earnings be transferred y the court to the Federal judicial district
8 in _whrch you reside. You must make your reqiiost rn writing, and either mail rt or deliver
rt rn person to the Clerk of the Court at 401 est Washrngton Street SPC 1, Phoenix,
9 Arizona 85003-2118. Y_ou must also send a cop! ofxour request to the Government at
U.S. Attomcys Office, FrnancralL1t1gat1on Unit 05 est Congress, Suite 4900, Tucson,
10 Arizona 85 01-5041, so the Government will know you want the proceeding to be
` 1 I transferred.
lfyou have any questions about your _rights or about this procedure, you should
12 oontact a awyer, an office of pub_l1c legal assistance, or the clerk of the court. The olerk
13 rs not permitted to grve legal advice, but can refer you to other sources of rnforrnatron.
14 Date: xlbl//LL IX, 20111 n A
1 5
RICHARD H, WEARE
16 Clerk, U.S. Drstrrct Court
17 Drstrrct of Arizona
18 Q;
Y! ` 1 ‘ ·
19 Deputy Cler
20
2 1
22 ‘
23
24 i
25
26 e. . r 4 ~ -—
27
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