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United States v. Dean McCoy

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

April 30, 2018

UNITED STATES OF AMERICA
v.
STEPHEN RUSSELL DEAN MCCOY, and EASTERN BAND OF CHEROKEE INDIANS, Garnishee.

          WRIT OF CONTINUING GARNISHMENT

          Dennis L. Howell United States Magistrate Judge

GREETINGS TO:
Eastern Band of Cherokee Indians
P.O. Box 455
Cherokee, North Carolina, 28719
Attn: Danny Davis, Attorney General
(828) 359-7439; danndavi@nc-cherokee.com

         An Application for a Writ of Garnishment against the tribal gaming proceed funds of Stephen Russell Dean McCoy, Defendant has been filed with this Court. A judgment has been entered against Defendant, dated January 25, 2018 (Docket No. 58). The United States Clerk of Court balance of $4, 589.00, computed through April 27, 2018, 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 and tribal gaming proceed funds.

         You must withhold and retain any property in which Defendant has a substantial on-exempt interest and for which you are or may become indebted to Defendant pending further order of this Court. 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 ...

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