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United States v. Miguel
United States District Court, E.D. California
April 26, 2017
UNITED STATES OF AMERICA, Plaintiff,
IRMA MIGUEL, Defendant and Judgment Debtor. STANISLAUS COUNTY, and its Successors and Assignees Garnishee. Criminal No. 1:96-CR-05110-REC
FINDINGS AND RECOMMENDATIONS FOR FINAL ORDER OF
pending before the Court is the United States' request
for findings and recommendations for a final order of
continuing garnishment against the property and account(s) of
the Defendant and Judgment Debtor, Irma Miguel (“the
request”), which was referred to the undersigned
pursuant to Local Rule 302(c)(7). The Court, having reviewed
its files and the request, and good cause appearing
therefrom, issues the following findings and recommendations.
Court finds as follows:
1. On August 26, 1996, the Court convicted and sentenced
Defendant Irma Miguel in criminal case number
1:96-cr-5110-REC. The Judgement ordered that Defendant pay a
$50.00 special assessment and $224, 655.62 in restitution.
See U.S.A. v. Miguel, 1:96-cr-5110-REC, ECF Nos. 5
2. To collect the restitution order, the United States filed
an application for writ of garnishment on February 16, 2017,
in the instant case. (ECF No. 3.)
3. As of February 15, 2017, Irma Miguel owed $224, 307.42 in
restitution and surcharge. (ECF No. 3 at 2.)
4. The Clerk issued a writ of garnishment, as well as the
Clerk's notice and instructions to judgment debtor on
February 17, 2017. (ECF Nos. 4, 5.)
5. On February 17, 2017, the United States served the
Garnishee and Judgment Debtor with a copy of the Writ of
Garnishment and its attachments. The Judgment Debtor was
notified of her right to a hearing and object to the answer
and/or to claim exemptions. (ECF No. 6). Specifically, the
notice advised the Judgement Debtor that she had twenty days
(20) days from the date the garnishee served its answer to
file a request for hearing pursuant to 28 U.S.C. §
3205(c)(5), and/or to assert a claim of exemption.
6. Garnishee, Stanislaus County, served its acknowledgment of
service and answer of garnishee (the “answer”) to
the writ on March 2, 2017. In its answer, the Garnishee
identifies the Judgment Debtor as a wage-earning employee and
states it served the Judgment Debtor on March 2, 2017, with a
copy of the answer. (ECF No. 8).
7. No request for hearing was filed, and no claims of
exemptions were raised by the Judgment Debtor, as set forth
in 28 U.S.C. § 3014(b)(2).
on the foregoing, IT IS HEREBY RECOMMENDED that:
1. The United States' Request for a final order of
continuing garnishment be GRANTED;
2. GARNISHEE be ORDERED to pay at least monthly to the Clerk
of the United States District Court, twenty-five (25) percent
of the Defendant and Judgment Debtor Irma Miguel's
disposable wages, earnings, commissions, bonuses, and
compensation until: the judgment including interest and
surcharge amount of $223, 631.25 is paid in full; further
order of this Court; or Stanislaus County no longer has
custody, possession or control of any property belonging to
Defendant and Judgment Debtor.
3. Stanislaus County be further ORDERED to provide the United
States with written notice if the amount or form of
compensation to Defendant and Judgment Debtor changes while
this order is in effect or if Stanislaus County no longer has
custody, possession, or control of Defendant and Judgment
4. GARNISHEE be further ORDERED to DELIVER to the Clerk of
the United States District Court, within fifteen (15) days of
the filing of the Order, all amounts previously withheld by
Stanislaus County pursuant to the writ of garnishment.
Stanislaus County shall also provide the United States with a
written accounting, by pay period, of the amounts withheld
from the Defendant and ...
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