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United States v. Kyle

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

December 3, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
SUSAN ELIZABETH KYLE, Defendant, CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (“CALPERS”), Garnishee.

          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 ...


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