United States District Court, N.D. California, San Francisco Division
BRIAN
J. STRETCH (CABN 163973) United States Attorney SARA WINSLOW
(DCBN 457643) Chief, Civil Division JULIE C. REAGIN (CABN
167934) Assistant United States Attorney Attorneys for
Plaintiff
WRIT OF CONTINUING GARNISHMENT
TO:
Oppenheimer Funds Services As custodian for the Franklin Lee
IRA 12100 East ILIFF Avenue, Suite 300 Aurora, CO 80014
YOU ARE
HEREBY COMMANDED TO GARNISH FOR THE BENEFIT OF THE UNITED
STATES OF AMERICA PROPERTY IN YOUR POSSESSION IN WHICH THE
DEFENDANT-JUDGMENT DEBTOR HAS A SUBSTANTIAL NONEXEMPT
INTEREST.
The
name, last known address, and last four digits of the social
security number of the person who is the defendant-judgment
debtor ("defendant") in this action and whose
property is subject to this Writ are as follows:
Franklin Lee CDCR# AV1672 San Quentin State Prison San
Quentin, CA 94964 Social Security Number (last four digits):
XXX-XX-4485
This
Writ has been issued at the request of the United States of
America to enforce the collection of a criminal judgment
entered in favor of the United States against the defendant
for a debt in the original amount of $36, 200.00. As of May
20, 2016, the total balance due on the judgment debt,
including accrued interest, was $36, 289.59. 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
defendant in which the defendant 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 defendant and
retain it in your possession until you receive instructions
from the Court which will tell you what to do with the
property. Such property would include, but not be limited to,
the Individual Retirement Account in the name of Franklin
Lee.
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
defendant. Pursuant to 28 U.S.C. § 3205(c)(4), your
answer must state, under oath, the following information:
a. Whether or not you have in your custody, control, or
possession, any property owned by the defendant in which the
defendant 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 debt you anticipate owing to the
defendant 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) and (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
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