United States v. Booher

          WRIT OF CONTINUING GARNISHMENT

          MICHAEL COSENTINO ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA

         TO: CONNECTICUT GENERAL 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 INSURANCE PAYMENTS, IN YOUR CUSTODY, CONTROL, OR POSSESSION IN WHICH THE DEFENDANT-JUDGMENT DEBTOR HAS AN OWNERSHIP INTEREST.

         The name, SSN XXX-XX-9076, 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:

JANETTE L. BOOHER aka JANETTE L. BOOHER FULTON 4966 Shadowfalls Drive Martinez, CA 94553

         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 $161, 032.79. There is a balance of $162, 206.99 due on the judgment, which amount includes costs and interest computed through October 21, 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 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 25% of the sum of all 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 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 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 property is not exempt; and

d. the amount of the funds you anticipate owing to the debtor 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 ...