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United States v. McPhaul

United States District Court, W.D. North Carolina, Charlotte Division

September 7, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
ELIZABETH ARNEZ MCPHAUL, Defendant, and HUDSON GASTONIA ACQUISITION, LLC, Garnishee.

          WRIT OF CONTINUING GARNISHMENT

          David S. Cayer, United States Magistrate Judge

         GREETINGS TO: Hudson Gastonia Acquisition, LLC Gastonia Nissan Attn: Payroll 225 Seven Farms Drive, Suite 200 Daniel Island, South Carolina 29492

         An Application for a Writ of Garnishment against property of Elizabeth Arnez McPhaul, Defendant, has been filed with this Court (Docket No. 24). A judgment has been entered against Defendant (Docket No. 17). The United States Clerk of Court current total is $166, 297.48, computed through September 6, 2017, and is due and owing.

         You, as Garnishee, are required by law to answer in writing, under oath, within ten (10) days of service of this Writ, whether or not you have in your custody, control or possession, any property, or funds owned by Defendant, including non-exempt, disposable earnings.

         You must withhold and retain any property in which Defendant has a substantial non-exempt interest and for which you are or may become indebted to Defendant pending further order of the Court. This means that you should withhold twenty-five percent of Defendant's earnings which remain after all deductions required by law have been withheld and one hundred percent of all 1099 payments. See 15 U.S.C. §1673(a).

         Please state whether or not you anticipate paying Defendant any future payments and whether such payments are weekly, bi-weekly, monthly, annually or bi-annually.

         You must file the original written Answer to this Writ within ten (10) days of your receipt of this Writ with the following office:

Clerk of the United States District Court 401 West Trade Street Charlotte, North Carolina 28202

         Additionally, you are required by law to serve a copy of the Answer upon Defendant at her last known address:

Elizabeth Arnez McPhaul 8309 Willow Branch Drive Waxhaw, North Carolina 28173

         You are also required to serve a copy of the Answer upon Plaintiff at the following address:

Financial Litigation Unit United States Attorney's Office 227 West Trade St., Suite 1650 Charlotte, North Carolina 28202

         Under the law, there is property which may be exempt from this Writ of Garnishment. Property which is exempt and which is not subject to this Order may be listed on the attached Claim for Exemption form.

         Pursuant to 15 U.S.C. §1674, you, Garnishee, are prohibited from discharging Defendant from employment by reason of the fact that his earnings have been ...


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