United States District Court, W.D. North Carolina, Charlotte Division
WRIT OF CONTINUING GARNISHMENT
S. Cayer, United States Magistrate Judge
TO: Hudson Gastonia Acquisition, LLC Gastonia Nissan Attn:
Payroll 225 Seven Farms Drive, Suite 200 Daniel Island, South
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.
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.
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).
state whether or not you anticipate paying Defendant any
future payments and whether such payments are weekly,
bi-weekly, monthly, annually or bi-annually.
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
you are required by law to serve a copy of the
Answer upon Defendant at her last known
Elizabeth Arnez McPhaul 8309 Willow Branch Drive Waxhaw,
North Carolina 28173
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
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
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 ...