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United States v. Bird

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

May 29, 2019

UNITED STATES OF AMERICA
v.
JAMES AARON BIRD, and EASTERN BAND OF CHEROKEE INDIANS, Garnishee.

         (Financial Litigation Unit)

          WRIT OF CONTINUING GARNISHMENT

          W. CARLETON METCALF, UNITED STATES MAGISTRATE JUDGE

         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 Aaron Bird, has been filed with this Court. A judgment has been entered against the defendant, dated February 25, 2019 (Doc. No. 25). The United States Clerk of Court's balance of $3, 793.41, as computed through May 28, 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 ...

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