United States District Court, E.D. California
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND FINAL
ORDER OF GARNISHMENT (DOC. NO. 8)
September 27, 2019, the United States filed an Application
for Writ of Garnishment (Retirement Accounts) against
defendant and judgment debtor John Carl Ojala's
retirement accounts. (Doc. No. 1.) On October 1, 2019, the
Clerk issued the Writ of Garnishment (Retirement Accounts).
(Doc. No. 3.) On October 7, 2019, the Clerk issued the
Clerk's Notice of Instructions to Judgment Debtor. (Doc.
No. 5.) The United States served the Writ and related
documents on Delaware Charter Guarantee & Trust Company
(the "Garnishee") and the judgment debtor. (Doc.
Nos. 2, 4.)
October 16, 2019, the Garnishee filed its Acknowledgment of
Service and Answer of Garnishee stating that the Garnishee
has in its custody, control or possession the following
property in which the judgment debtor maintains an interest:
Qualified Retirement Account -401(k) Plan with an approximate
value of $14, 152.53. (Doc. No. 6.) The United States filed a
request for findings and recommendations and final order of
garnishment on October 30, 2019. (Doc. No. 7.) The United
States represented that the judgment debtor still owed a
judgment balance of $6, 450.00. (Id. at ¶ 10.)
The judgment debtor did not file a claim of exemption to the
proposed garnishment, did not object to the Garnishee's
answer, did not request a hearing, and did not otherwise
object to the United States' garnishment action.
November 6, 2019, the assigned magistrate judge issued
findings and recommendations, recommending that the United
States' request for final order of garnishment be
granted. (Doc. No. 8.) Those findings and recommendations
were served on the parties and contained notice that any
objections thereto were to be filed within fourteen (14) days
after service. (Id. at 2; Doc. No. 9.) To date, no
objections to the findings and recommendations have been
filed, and the deadline to do so has now passed.
accordance with 28 U.S.C. § 636(b)(1)(C), the court has
conducted a de novo review of the case. Having
carefully reviewed the entire file, the court concludes that
the findings and recommendations are supported by the record
and by proper analysis.
findings and recommendations issued on November 6, 2019 (Doc.
No. 8) are adopted in full;
United States' request for a final order of garnishment
(Doc. No. 7) is granted;
Within fifteen (15) days from the date of this order,
Garnishee Delaware Charter Guarantee & Trust Company is
directed to pay $8, 031.25 of the funds in the accounts held
by the Garnishee in which judgment debtor John Carl Ojala has
an interest as follows: $6, 425.00 shall be paid to the Clerk
of Court to satisfy the judgment in full and $1, 606.25 shall
be withheld for mandatory tax withholdings;
Garnishee shall make the payment in the form of a
cashier's check, money order or company draft, made
payable to the Clerk of the Court and delivered to the United
States District Court, Eastern District of California, 501 I
Street, Room 4-200, Sacramento, California 95814. The
criminal docket number (1:16-cr-00197-LJO) shall be stated on
the payment instrument;
Court shall retain jurisdiction to resolve matters through
ancillary proceedings in the case, if necessary; and
is a final order of garnishment. Upon payment and processing
of the garnished amount, this writ shall be terminated and
the Clerk of the Court shall close the case.