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United States v. Padua

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

July 15, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
JESSE JAMES PADUA, Defendant, ASSOCIATED GLOBAL SYSTEMS, Garnishee.

          DAVID L. ANDERSON (CABN 149604) United States Attorney SARA WINSLOW (DCBN 457643) Chief, Civil Division JULIE C. REAGIN (CABN 167934) Assistant United States Attorney Attorneys for United States of America

          WRIT OF CONTINUING GARNISHMENT (WAGE GARNISHMENT)

         TO: Associated Global Systems Attn: Payroll 3333 New Hyde Park Road New Hyde Park, NY 11042

         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:

Jesse James Padua 1613 Via Lucas San Lorenzo, CA 94580 Social Security Number (last four digits): XXX-XX-2148

         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 $204, 554.00. There is a balance of approximately $319, 410.47.

         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 (including nonexempt disposable earnings from his wages, salary, commissions or bonuses) 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. With respect to the defendant's wages, salary, commissions or bonuses; you must withhold twenty-five percent (25%) of such amount(s) after all deductions required by law have been withheld. See 28 U.S.C. § § 3205(a) and 3002(9).

         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 ...


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