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United States v. Edalati

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


March 11, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
BAHMAN T. EDALATI, DEFENDANT, AND VALLEJO DENTAL ASSOCIATES, GARNISHEE.

WRIT OF CONTINUING GARNISHMENT

TO: Payroll Department

VALLEJO DENTAL ASSOCIATES 475 REDWOOD STREET, SUITE # 30 VALLEJO, CA 94590

YOU ARE HEREBY COMMANDED TO GARNISH FOR THE BENEFIT OF THE UNITED STATES OF AMERICA THE WAGES, SALARY, OR COMMISSION IN YOUR CUSTODY, CONTROL, OR POSSESSION IN WHICH THE DEFENDANT-JUDGMENT DEBTOR HAS AN OWNERSHIP INTEREST.

The name and last known address of the person who is the defendant- judgment debtor (hereinafter "debtor") in this action and whose property is subject to 28 this Writ are as follows:

BAHMAN T. EDALATI 112 TRACY COURT ALAMO, CA 94507

This Writ has been issued at the request of the United States of America to enforce the collection of a civil judgment entered in favor of the United States against the debtor for a defaulted student loan in the amount of $49,184.58. There is a balance of $72,466.77 due on the judgment, which amount includes costs and interest computed through 02/06/09.

The following are the steps that you must take to comply with this Writ. If you have any questions, you should consult with your attorney.

1. Pursuant to 28 U.S.C. § 3205(c)(2)(F), if you have in your custody, control, or possession any property of the debtor, including wages, salary, or commissions, in which the debtor has a substantial nonexempt interest, or if you obtain custody, control, or possession of such property while this Writ is in effect, you must immediately withhold such property from the debtor and retain it in your possession until you receive instructions from the Court which will tell you what to do with the property. The United States has requested that the sum of 25% of the debtor's disposable earnings, which under California law represents the nonexempt portion of the debtor's earnings, be withheld from the defendant's earnings.

2. Pursuant to 28 U.S.C. § 3205(c)(2)(E), you are required to answer this Writ within 10 days after service of this Writ upon you. You must answer the Writ even if you do not have in your custody, control, or possession any property of the debtor.

Pursuant to 28 U.S.C. § 3205(c)(4), your answer must state, under oath, the following 23 information:

a. Whether or not you have in your custody, control, or possession, any property owned by the debtor in which the debtor has a substantial nonexempt interest, including nonexempt, disposable earnings;

b. a description of such property and the value of such property;

c. a description of any previous garnishments to which such property is subject and the extent to which any remaining property is not exempt; and

d. the amount of the funds you anticipate owing to the debtor in the future and whether the period for payment will be weekly or another specified period.

For your convenience, a form which addresses the above-requested information is attached and may be used to Answer the Writ.

3. After you complete the answer under oath, pursuant to 28 U.S.C. § 3205(c)(2)(E) & (c)(4), within ten (10) days after service of this Writ upon you, you must mail or deliver the original Answer bearing the original signature of the person preparing the answer to the Court at the following address:

Clerk, United States District Court 450 Golden Gate Avenue, 16th Floor P. O. Box 36060 San Francisco, CA 94102

At the same time that you mail or deliver the original answer to the Court, you must also mail or deliver a copy of the original Answer to both the debtor and attorney for the United States at the following respective addresses:

BAHMAN T. EDALATI 112 TRACY COURT ALAMO, CA 94507 Michael Cosentino, Attorney at Law P.O. Box 129 Alameda, CA 94501

Please note that the attached form Answer contains a certificate of service which needs to be completed by the person mailing the copies of the answer to the debtor and the attorney for the United States, and which needs to be filed along with the Answer.

DO NOT WITHHOLD THE EXEMPT PORTION OF THE EMPLOYEE'S EARNINGS

1. Earnings include any money (whether called wages, salary, commissions, bonuses, or anything else) paid for personal services, pension, or retirement. Vacation or sick pay is earnings subject to withholding as it is received by the employee.

2. Disposable earnings are different from gross pay or take-home pay. They are the earnings left after deducting the part which state or federal law requires an employer to withhold as mandatory deductions. Generally, these mandatory deductions are federal income tax, social security (FICA) tax, state income tax, state disability insurance, and payments to public employee retirement systems.

Disposable earnings can change from pay period to pay period, whenever gross pay or required deductions change.

To determine earnings that are eligible for withholding, and therefore must be withheld, see the chart below.

USE THE CHART BELOW TO DETERMINE NONEXEMPT DISPOSABLE EARNINGS AND THE APPLICABLE WITHHOLDING AMOUNT*fn1

Pay Period: Weekly or oftenerEvery 2 weeksTwice a monthOnce a month Disposable earnings: $0 to $199.50$0 to $399.00$0 to $432.25$0 to $864.50 Withhold: Nothing (entire earnings are exampt)    Disposable earnings: $199.51 to $266.00$399.01 to $532.00$432.26 to $576.33$864.51 to $1,152.67 Withhold: Amt. over $199.50Amt over $399.00Amt. over $432.25$864.50 Disposable earnings: $266.01 or more$532.01 or more$576.34 or more$1,152.68 or more Withhold: 25% of disposable earnings (balance is exempt)   

ANSWER OF GARNISHEE

I, _______________________, being first duly sworn, hereby state the following:

1. I am the ____________________________ (Official Title) of the Garnishee named in the above caption. I am authorized to prepare this Answer on behalf of the Garnishee.

2. The Garnishee was served with the Writ of Continuing Garnishment on ____________________ (date) in this action.

3. The Garnishee currently has custody, control, or possession of earnings of the Defendant. Yes____ No____

4. The Garnishee expects to obtain custody, control, or possession of earnings of the Defendant in the foreseeable future. Yes____ No____

5. For the pay period in effect on the date of service of this Writ of Continuing Garnishment, the Garnishee states as follows:

a. Defendant was in my/our employ. Yes____ No____

b. The Defendant's pay period is ____ weekly, ____ bi-weekly, ____ semi-monthly, ____ monthly.

c. The Defendant's present pay period began on _______________ (date). ("Present" means the pay period in which the Writ of Continuing Garnishment was served.)

d. The Defendant's present pay period ends on ________________ (date).

e. The Defendant's net wages are as calculated below:

(1) Gross Pay $______________

(2) Federal income tax $______________

(3) F.I.C.A. tax $______________

(4) State income tax $______________

(5) SDI $______________

Total tax withholdings $______________

Net Wages $______________

(gross pay minus above withheld taxes)

6. Are there any other garnishments currently in effect? Yes ____ No ____

If the answers is yes, describe below and attach to this Answer a copy of each garnishment:

7. Will the Garnishee owe the Defendant money in the foreseeable future?

Yes ____ No____ If the answer is yes, provide the reason why such money will be owed, the amount of money that will be owed, and the date or dates on which each payment will be due:

Type of Date Payment

Payment Amount Will be Due

1.________________________ _____________ _____________

2.________________________ _____________ _____________

3.________________________ _____________ _____________

8. Does the Garnishee currently have custody, control or possession of property (other than earnings) such as bank accounts, pensions, thrift plans, etc., in which the Defendant maintains an interest? Yes____ No____ If the answer is yes, then provide the following information for each item of such property:

Description of Approximate Description of Property Value Defendant's Interest

1.________________________ _____________ _____________

2.________________________ _____________ _____________

3.________________________ _____________ _____________

4.________________________ _____________ _____________

9. Does the Garnishee expect to obtain in the foreseeable future custody, control or possession of property (other than earnings) such as bank accounts, pensions, thrift plans, etc., in which the Defendant maintains an interest? Yes____

No____ If the answer is yes, then provide the following information for each item of such property:

Description of Approximate Description of Obtain Property Value Defendant's Interest Property

1.

2.

3.

4.

Date Will

10. Does the Garnishee have any objections or defenses to the Writ of Continuing Garnishment? Yes____ No____ If the answer is yes, list the nature and basis of each objection and/or defense:

On behalf of VALLEJO DENTAL ASSOCIATES, I hereby certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Dated: ______________ By: _____________________________

(Sign above and type or print name below)

CERTIFICATE OF SERVICE

I, ______________________________, declare:

That I am a citizen of the United States and employed in the County of __________________, California; that my business address is __________________________________________________________; that I am over the age of eighteen years; and that I am not a party to the above-entitled action; That on _________________ (date), I deposited in the United States mail, in envelopes bearing the requisite postage, a copy of:

ANSWER OF GARNISHEE

addressed to each of the following, at their last known addresses, at which place there is service by United States mail.

BAHMAN T. EDALATI 112 TRACY COURT ALAMO, CA 94507 Michael Cosentino Attorney at Law P.O. Box 129 Alameda, CA 94501

This Certificate was executed on _____________________ (date), at ________________________ (city), California.

I certify under penalty of perjury that the foregoing is true and correct.

(sign above and type or print name below)


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