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United States v. Garcia

United States District Court, N.D. California, Oakland Division

November 15, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
LATASHA RENEE GARCIA, Defendant, MASS MUTUAL, Garnishee.

          DAVID L. ANDERSON United States Attorney, SARA WINSLOW Chief, Civil Division JULIE C. REAGIN, Assistant United States Attorney, Attorneys for Plaintiff.

          WRIT OF CONTINUING GARNISHMENT

         TO: Mass. Mutual Attn: David Bennett 4695 MacArthur Ct, Ste. 1000 Newport Beach, CA 92660

         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:

Latasha Renee Garcia 1230 Golden Springs Lane Concord, CA 94521 Social Security Number (last four digits): XXX-XX-3715

         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 $487, 049.94. As of November 12, 2019, the total balance due on the judgment debt, including accrued interest, was $478, 690.89. 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 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. Such property would include, but not be limited to, the 40 IK account in the name of Latasha Garcia, 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 and may be used to answer the Writ.

         3. After you complete the answer under oath, pursuant to 28 U.S.C. § 3205(c)(2)(E) and (c)(4), within ten (10) days after service of this Writ upon you, you must mail or deliver the original answer bearing the original signature of the ...


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