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United States v. Brady

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

May 24, 2019

UNITED STATES OF AMERICA
v.
JAMES RALPH BRADY, and EASTERN BAND OF CHEROKEE INDIANS, Garnishee.

          WRIT OF CONTINUING GARNISHMENT

         GREETINGS TO:

Eastern Band of Cherokee Indians P.O. Box 455 Cherokee, North Carolina, 28719 Attn: Attorney General

         An Application for a Writ of Garnishment against the tribal gaming proceed funds of the defendant, James Ralph Brady, has been filed with this Court. A judgment has been entered against the defendant, dated August 30, 2018 (Doc. No. 59). A balance of $1, 317.50, as computed through May 2, 2019, 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 the defendant, including non-exempt, disposable earnings and tribal gaming proceed funds.

         You must withhold and retain any property in which the defendant has a substantial non-exempt interest and for which you are or may become indebted to the defendant pending further order of this Court. See 15 U.S.C. §1673(a).

         Please state whether or not you anticipate paying the 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 Room 309, 100 Otis Street Asheville, NC 28801

         Additionally, you are required by law to serve a copy of the Answer upon the defendant at his or her last known address:

James Ralph Brady XXXXXXXXXXX XXXXXXXXXXX

         You are also required to serve a copy of the Answer upon the plaintiff at the following address:

United States Attorney's Office Financial Litigation Unit 227 West Trade Street, Suite 1650 Charlotte, NC 28202

         Under the law, there is property which is 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, the garnishee is prohibited from discharging the defendant from employment by reason of the fact that his earnings have been ...


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