United States v. Diaz

          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 ...