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United States v. Messiah

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

October 30, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
JOSHUA ELIJAH MESSIAH, Defendant, and BOJANGLES' RESTAURANTS, INC., Garnishee.

          WRIT OF CONTINUING GARNISHMENT

          DAVID C. KEESLER UNITED STATES MAGISTRATE JUDGE.

         GREETINGS TO: Bojangles' Restaurants, Inc. Attention: Payroll Department 9432 Southern Pine Boulevard Charlotte, NC 28273

         An Application for a Writ of Garnishment against property of Joshua Elijah Messiah, Defendant, has been filed with this Court (Docket No. 376). A judgment has been entered against Defendant (Docket No. 153). The U.S. Clerk of Court current total is $264, 248.42, computed through October 27, 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 his/her last known address:

Joshua Elijah Messiah 7804 Holliswood Court Apartment 801 Charlotte, North Carolina 28217

         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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