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United States v. Christian

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

June 26, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
ROY P. CHRISTIAN aka ROY PAUL CHRISTIAN, DDS., Defendant, and CIGNA HEALTH AND LIFE INSURANCE COMPANY, Garnishee.

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

          WRIT OF CONTINUING GARNISHMENT

         TO: CIGNA HEALTH AND LIFE INSURANCE COMPANY CT Corporation System 818 West Seventh Street, Suite 930 Los Angeles, CA 90017

         YOU ARE HEREBY COMMANDED TO GARNISH FOR THE BENEFIT OF THE UNITED STATES OF AMERICA ANY PROPERTY, INCLUDING DENTAL INSURANCE PAYMENTS, IN YOUR CUSTODY, CONTROL, OR POSSESSION IN WHICH THE DEFENDANT-JUDGMENT DEBTOR HAS AN OWNERSHIP INTEREST.

         The name, SSN XXX-XX-5491, 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:

ROY P. CHRISTIAN aka ROY PAUL CHRISTIAN, DDS. 112 Amber Oak Court Los Gatos, CA 95032
and
ROY P. CHRISTIAN aka ROY PAUL CHRISTIAN, DDS 20480 Blauer Drive, Suite B Saratoga, CA 95070

         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 $75, 588.41. There is a balance of $68, 367.88 due on the judgment, which amount includes costs and interest computed through June 10, 2019; interest continues to accrue until paid in full.

         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 dental insurance payments, 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 all dental insurance payments, be withheld from the defendant to be paid to the United States.

         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, including Dental Insurance Payments, 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 Dental Insurance Payments;
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 ...

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