C. Keesler United States Magistrate Judge.
Application for a Writ of Garnishment against property of
Mildred DePena, Defendant, has been filed with this Court
(Docket No. 220). A judgment has been entered against
Defendant (Docket No. 161). The U.S. Clerk of Court current
total is $867, 497.69, computed through November 13, 2017,
and is due and owing.
state whether or not you anticipate paying Defendant any
future payments and whether such payments are weekly,
bi-weekly, monthly, annually or bi-annually.
Clerk of the United States District Court
401 West Trade Street
North Carolina 28202
you are required by law to serve a copy of the
Answer upon Defendant at his/her last known
Mildred DePena 13 Chapman Street Lincolnton, North Carolina
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
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.
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 subject to garnishment for
any one indebtedness.
to 28 U.S.C. §3205(c)(6), if you fail to
answer this Writ or withhold property or
funds in accordance with this Writ, the
United States of America may petition the Court for an
order requiring you to appear before the Court to answer
the Writ and to withhold property before the appearance
date. If you fail to appear, or do appear and fail to show
good cause why you failed to comply with this Writ, the
Court shall enter a judgment against you for the value of
Defendant's non-exempt interest in such property. The
Court may award a reasonable attorney's fee to the
United States and against you if the Writ is not answered
within the time specified. It is unlawful to pay or deliver
to Defendant any item attached by this Writ.
FOR EXEMPTION FORM MAJOR EXEMPTIONS UNDER FEDERAL LAW
(18 U.S.C. § 3613)
1. Wearing apparel and school books.--Such items of wearing
apparel and such school books as are necessary for the
debtor or for members of his family.
2. Fuel, provisions, furniture, and personal effects.--So
much of the fuel, provisions, furniture, and personal
effects in the Debtor's household, and of the arms for
personal use, livestock, and poultry of the debtor, as does
not exceed $9, 200 in value.
3. Books and tools of a trade, business, or profession.--So
many of the books, and tools necessary for the trade,
business, or profession of the debtor as do not exceed in
the aggregate $4, 600 in value.
4. Unemployment benefits.--Any amount payable to an
individual with respect to his unemployment (including any
portion thereof payable with respect to dependents) under
an unemployment compensation law of the United States, of
any State, or of the District of Columbia or of the
Commonwealth of Puerto Rico.
5. Undelivered mail.--Mail, addressed to any person, which
has not been delivered to the addressee.
6. Certain annuity and pension payments.--Annuity or
pension payments under the Railroad Retirement Act,
benefits under the Railroad Unemployment Insurance Act,
special pension payments received by a person whose name
has been entered on the Army, Navy, Air Force, and Coast
Guard Medal of Honor roll (38 U.S.C. 1562), and annuities
based on retired or retainer pay under Chapter 73 of Title
10 of United States Code.
7. Workmen's Compensation.--Any amount payable with
respect to compensation (including any portion thereof
payable with respect to dependents) under a workmen's
compensation law of the United States, any State, the
District of Columbia, or the Commonwealth of Puerto Rico.
8. Judgments for support of minor ...