United States District Court, N.D. California, San Francisco Division
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 ALBERTSONS COMPANIES, INC. 250 East
Parkcenter Boulevard Boise, ID 83706
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-4101, 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:
RODOLFO DIAZ aka RODOLFO DIAZ, JR.
535 3rd Street
Paso Robles, CA 93446
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 $4, 616.39. There is
a balance of $11, 359.46 due on the judgment, which amount
includes costs and interest computed through October 15,
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 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
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