United States District Court, N.D. California, Oakland Division
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
TO:
California Public Employees' Retirement System Attn:
Legal Department 400 P Street, Room 3340 Sacramento, Ca 95811
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:
Susan Elizabeth Kyle - Reg No: 25265-111 FCI Dublin 5701 8th
Street - Camp Parks Dublin, CA 94568 Social Security Number
(last four digits): XXX-XX-9961
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 $490, 438.00 (consisting
of $490, 338.00 in restitution and a $100.00 special
assessment). Interest continues to accrue at a daily rate of
$34.26. There is a balance of approximately $499, 696.51.
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 retirement allowance payments made to defendant by the
California Public Employees' Retirement System
“CalPERS”. With respect to such payments, 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 ...