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United States v. Long

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

March 27, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
JUDY L. LONG, Defendant, and OAKLAND UNIFIED SCHOOL DISTRICT, Garnishee.

          MICHAEL COSENTINO State Bar No. 83253 Counsel for the United States Attorney for Plaintiff United States of America

          WRIT OF CONTINUING GARNISHMENT

         TO: Payroll Department OAKLAND UNIFIED SCHOOL DISTRICT 1000 Broadway, Suite 295 Oakland, CA 94607

         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, SSN XXX-XX-2024, and last known address of the person who is the defendant-judgment debtor (hereinafter “debtor”) in this action and whose property is subject to this Writ are as follows:

JUDY L. LONG P.O. Box 31474 Oakland, CA 94604

         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 $5, 167.76. There is a balance of $13, 745.98 due on the judgment, which amount includes costs and interest computed through March 22, 2017.

         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 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 ...


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