United States District Court, W.D. North Carolina, Charlotte Division
C. Keesler United States Magistrate Judge.
OF CONTINUING GARNISHMENT
TO: Elite Home Health Care, Inc. Attn: Payroll 1910 Abbott
Street, Suite 202 Charlotte, NC 28203
Application for a Writ of Garnishment against property of
Derek Kendall Battle, Defendant, has been filed with this
Court (Docket No. 24). A judgment has been entered against
Defendant (Docket No. 21). The U.S. Clerk of Court current
total is $120, 496.00, computed through January 23, 2019, 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
you are required by law to serve a copy of the
Answer upon Defendant at his/her last known
Derek Kendall Battle
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also required to serve a copy of the Answer