IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 26, 2008
UNITED STATES OF AMERICA, PLAINTIFF,
ZARUHI OVSEPYAN, DEFENDANT AND
CALIFORNIA DEPARTMENT OF HEALTH SERVICES, GARNISHEE.
ORDER OF GARNISHMENT
Pursuant to this court's order filed August 11, 2008, plaintiff United States timely filed a "Supplement to Plaintiff's Application for Entry of Order of Garnishment," demonstrating that Defendant and Judgment Debtor Zaruhi Ovsepyan ("Judgment Debtor"), is the same as Z&A Medical Supply for these purposes.*fn1 Accordingly, for the following reasons, the court now issues this order of garnishment.
On April 25, 2008, a Writ of Garnishment (Interest in Withheld Money), directed to Garnishee California Department of Health Services ("Garnishee"), was duly issued and served upon the Garnishee in order to partially satisfy the outstanding debt owed by the Judgment Debtor. The balance the Judgment Debtor currently owes as of March 10, 2005, is $1,156,940.51. That amount consists of the principal of $984,150.00 and accrued interest of $172,790.51.
The Garnishee filed an Answer of Garnishee stating that at the time of service of the Writ, the Garnishee had custody or possession of properties (non-earnings), in which the Judgment Debtor maintains an interest in the amount of $35,290.66. The Judgment Debtor did business with the Garnishee under the fictitious business name Z&A Medical Supply.
The Garnishee served the Judgment Debtor with the Answer of Garnishee. The Judgment Debtor has not filed a written objection or requested a hearing within 20 days, as set forth in 28 U.S.C. § 3205(c)(5).
Pursuant to 28 U.S.C. § 3205(c)(7), after the Garnishee files an answer, and if no hearing is requested within the required time period, the Court shall promptly enter an order directing the Garnishee as to the disposition of the Judgment Debtor's property.
ACCORDINGLY, IT IS ORDERED that the Garnishee California Department of Health Services shall turn over the amount of $35,290.66, payable to the Clerk of the Court (reference Docket No. CR S 99-238-FCD on the face of the check), and forward it to:
U.S. Attorney's Office 501 I Street, Suite 10-100 Sacramento, California 95814
IT IS FURTHER ORDERED that upon receipt of payment, the Writ of Garnishment is hereby terminated.