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United States v. Lee

United States District Court, N.D. California, San Francisco Division

July 6, 2016

UNITED STATES, Plaintiff,
v.
FRANKLIN LEE, Defendant, VOYA LIFE INSURANCE AND ANNUITY COMPANY, Garnishee.

          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: VOYA Life Insurance and Annuity Company As custodian for the Franklin Lee IRA 909 Locust Street Des Moines, IA 50309

         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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