USA v. Eugene Chen, M.D., et al, No. 2:2004cv00859 - Document 244 (D. Nev. 2010)
Court Description: ORDER granting 241 Motion for Writ of Garnishment. Signed by Judge Philip M. Pro on 4/22/2010. (Copies have been distributed pursuant to the NEF - SD)
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USA v. Eugene Chen, M.D., et al 1 2 3 4 5 6 7 DANIEL G. BOGDEN United States Attorney District of Nevada ROGER W. WENTHE Assistant United States Attorney Nevada Bar No. 8920 333 Las Vegas Blvd. So., Suite 5000 Las Vegas, Nevada 89101 Tele: (702) 388-6336 Fax: (702) 388-6787 Email:roger.wenthe@usdoj.gov Attorneys for the United States. 8 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 10 11 12 13 14 15 16 17 18 Doc. 244 UNITED STATES OF AMERICA, ) ) Judgment Creditor, ) ) vs. ) ) EUGENE CHEN, M.D., ) ) Judgment Debtor, ) ) ) and ) ANTHEM BLUE CROSS BLUE SHIELD, ) ) ) Garnishee. Case No.: 2:04-cv-0859-PMP-PAL WRIT OF CONTINUING GARNISHMENT 19 To the Garnishee: 20 21 22 23 Anthem Blue Cross Blue Shield c/o Linda Anthone 700 Broadway CO 0105-0560 Denver, Colorado 80273 An Application For Writ of Continuing Garnishment against the following described 24 earnings, money or property of the above-named Judgment Debtor has been filed with the United 25 States District Court for the District of Nevada. 26 1 Dockets.Justia.com 1 2 3 4 Whereupon the Court, having considered the Application for Writ of Continuing Garnishment against the earnings of the Judgment Debtor, EUGENE CHEN M.D., now finds that the requirements of 28 U.S.C. § 3205 are satisfied and that an appropriate Writ of Garnishment shall, and hereby does, issue. 5 IT IS THEREFORE ORDERED THAT: 6 1. 7 8 9 A judgment has been entered against the above named Judgment Debtor in the amount of $1,267,586.60, plus interest at the rate of 0.49% from June 4, 2009, until paid in full. A credit of $212,476.43, as of April 14, 2010, leaves a balance due of $1,060,243.45. 2. 10 The Garnishee shall withhold and retain any earnings, money or property on 11 which the debtor has a substantial nonexempt interest and for which the Garnishee is or may 12 become indebted to the Judgment Debtor pending further order of this Court. 13 14 3. In regard to earnings, the Garnishee shall withhold and retain the lesser of: (a) twenty-five percent (25%) of Judgment Debtor's disposable earnings; or (b) all amounts of 15 Judgment Debtor's disposable earnings in excess of thirty times the federal minimum hourly 16 wage. See 15 U.S.C. § 1673(a). 17 4. 18 19 The Garnishee is required by law pursuant to 28 U.S.C. §3205(c)(2)(E) to complete under oath the accompanying Answer of Garnishee within ten (10) days of receipt of 20 this Writ of Continuing Garnishment, and to send the original to: Clerk of the Court, U.S. 21 District Court, 333 Las Vegas Bld. So., Room 1334, Las Vegas, Nevada 89101. 22 23 24 5. The Garnishee is also required to send a copy to the Judgment Debtor at: Law Office of Hutchison & Steffen, 10080 Alta Dr. #200, Las Vegas, Nevada 89145. . . . 25 26 2 1 2 3 6. The Garnishee is also required to send a copy to the United States Attorney at: Roger W. Wenthe AUSA, U.S. Attorney's Office, 333 Las Vegas Boulevard, South, Suite 5000, Las Vegas, Nevada 89101. 4 7. Pursuant to 15 U.S.C. § 1674, Garnishee is prohibited from discharging the 5 Judgment Debtor from employment by reason of the fact that his/her earnings have been subject to 6 7 garnishment for any one indebtedness. 8. 8 Pursuant to 28 U.S.C. § 3205(c)(3), the United States shall serve the Garnishee and the 9 Judgment Debtor with copies of this Writ of Continuing Garnishment and shall certify to the Court 10 that such service was made. The writ shall be accompanied by the instructions required by 28 U.S.C. 11 § 3205(c)(3)(A) & (B). 12 13 4/22/2010 LANCE S. WILSON Clerk, U.S. District Court Dated: 14 15 16 17 18 19 20 21 22 23 24 25 26 3 1 2 3 4 5 6 7 DANIEL G. BOGDEN United States Attorney District of Nevada ROGER W. WENTHE Assistant United States Attorney Nevada Bar No. 8920 333 Las Vegas Blvd. So., Suite 5000 Las Vegas, Nevada 89101 Tele: (702) 388-6336 Fax: (702) 388-6787 Email: roger.wenthe@usdoj.gov Attorneys for the United States 8 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 10 UNITED STATES OF AMERICA, Judgment Creditor, 11 12 13 vs. EUGENE CHEN M.D., Judgment Debtor, 14 15 16 17 and ANTHEM BLUE CROSS BLUE SHIELD, Garnishee. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:04-cr-0859-PMP-PAL ORDER GRANTING WRIT OF CONTINUING GARNISHMENT 18 19 IT IS SO ORDERED: The Court has determined that the requirements to a post-judgment garnishment writ 20 have been met. The Clerk is directed to issue the Writ of Continuing Garnishment. 21 22 April 22, 2010 DATED: _____________ 23 _______________________________________ UNITED STATES DISTRICT COURT JUDGE 24 25 26 1 1 2 3 4 5 6 7 DANIEL G. BOGDEN United States Attorney District of Nevada ROGER W. WENTHE Assistant United States Attorney Nevada Bar No. 8920 333 Las Vegas Blvd. So., Suite 5000 Las Vegas, Nevada 89101 Tele: (702) 388-6336 Fax: (702) 388-6787 Email: roger.wenthe@usdoj.gov Attorneys for the United States 8 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 10 UNITED STATES OF AMERICA, Judgment Creditor, 11 12 13 vs. EUGENE CHEN M.D., Judgment Debtor, 14 15 16 17 18 19 20 21 22 23 24 25 and ANTHEM BLUE CROSS BLUE SHIELD, Garnishee. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:04-cr-0859-PMP-PAL CLERK'S NOTICE OF POST-JUDGMENT GARNISHMENT AND INSTRUCTIONS TO JUDGMENT DEBTOR You are hereby notified that the Judgment Debtor's property (wages) is being taken by United States of America which has a court judgment in the above-referenced case in the sum of $1,267,586.60 for treble damages and a civil penalty. A balance of $1,060,243.45 remains outstanding as of April 15, 2010. In addition, you are hereby notified that there are exemptions under the law which may protect some of the property from being taken by the Government if the Judgment Debtor, EUGENE CHEN M.D., can show that the exemptions apply. Attached is a summary of the major exemptions which apply in most situations in the State of Nevada. 26 1 1 If the sole collection remedy requested by the United States is a garnishment against 2 your earnings, wages or income, it is not necessary to claim the full wage exemption 3 allowed by law in order to receive the wage deduction. That exemption will be 4 automatically applied. 5 If you are EUGENE CHEN M.D., you have a right to ask the court to return your 6 property to you if you believe you do not owe the money to the Government as it claims, or if 7 you believe the property the Government is taking qualifies under one of the exemptions on the 8 attached list. 9 If you want a hearing to quash the order granting the remedy requested by the United 10 States, you must notify the court within 20 days after receipt of the notice. Your request must be 11 in writing. The Court shall hold a hearing on your request as soon as practicable, or if requested 12 by you, within 5 days after receiving such request or as soon thereafter as possible pursuant to 28 13 U.S.C. §3202(d). 14 If you wish, you may use the attachment entitled Affidavit of Exemption and Request for 15 Hearing. To request the hearing, fill out the information and checking the appropriate box, if 16 applicable to you. You also need to indicate which exemption(s) from the attached list you are 17 claiming and have your oath and signature notarized. You must either mail or deliver in person 18 both forms (Request for Hearing and Notice to Defendant Debtor on How to Claim Exemptions) 19 to: 20 Clerk, United States District Court 333 Las Vegas Boulevard, South, Room 1334 Las Vegas, Nevada 89101. 21 22 So the Government will know you want a hearing, you must also send a full copy of your request 23 to the United States Attorney at: 24 25 26 Roger W. Wenthe, AUSA United States Attorney's Office 333 Las Vegas Boulevard South Suite 5000 Las Vegas, Nevada 89101 2 1 2 3 The hearing will take place within 5 days after the Clerk receives your request, if you ask for it to take place that quickly, or as soon after that as possible. At the hearing you may explain to the judge why you think you do not owe the money to 4 the Government. If you do not request a hearing within 20 days of receiving this notice, your 5 property may be delivered to the United States to be applied toward the debt you owe the 6 Government. 7 If you live outside the Federal judicial district in which the court is located, you may 8 request, not later than 20 days after you receive this notice, that this proceeding to take your 9 property be transferred by the court to the Federal judicial district in which you reside. You 10 must make your request in writing, and either mail it or deliver it in person to the clerk of the 11 court at: 12 13 Clerk, United States District Court 333 Las Vegas Boulevard South, Room 1334 Las Vegas, Nevada 89101 14 So the Government will know you want the proceeding to be transferred, you must also send a copy 15 of your request to the United States Attorney at: 16 17 18 Roger W. Wenthe, AUSA United States Attorney's Office 333 Las Vegas Boulevard South Suite 5000 Las Vegas, Nevada 89101 19 Be sure to keep a copy of this notice for your own records. If you have any questions 20 about your rights or about this procedure, you should contact a lawyer, an office of public legal 21 assistance, or the clerk of the court. The clerk is not permitted to give legal advice, but can refer you 22 to other sources of information. 23 24 25 4/22/2010 CLERK, UNITED STATES DISTRICT COURT 26 3 NOTICE TO JUDGMENT DEBTOR ON HOW TO CLAIM EXEMPTIONS This post-judgment enforcement has been issued on request of the United States of America. The law provides that certain property and wages cannot be taken. Such property is said to be exempted. This Notice lists the exemptions under federal law and your state law. There is no exemption solely because you are having difficulty paying your debts. If the United States of America as creditor is asking that your wages be withheld, seventy-five percent (75%) of your disposable earnings are automatically exempt. That is, only twenty-five percent (25%) of your disposable earnings may be taken, calculated by deducting the following deductions from your gross wages per pay period: Federal income taxes, Social Security (F.I.C.A.), state income taxes, state disability insurance, and payments to public employee retirement systems. The law limits garnishment to 25% of the debtor's disposable earnings or the amount by which disposable earnings for the week exceeds thirty times the federal minimum hourly wage, whichever is less. See 15 U.S.C. § 1673(A). You do not need to file a claim for exemptions to receive this exemption, but if you believe the wrong amount is being withheld, you may file a claim for exemption. If you believe that the money or property about to be taken from you is exempt, you should (I) select either the federal Bankruptcy Code exemptions or the Nevada state law exemptions, (ii) fill out the claim for exemption form, (iii) sign and notarize, and (iv) deliver or mail the form to the clerk's office of this court and send a copy to the counsel for the United States. This must be done within 20 days after this notice of execution was received. You have a right to a hearing within five business days, or as soon as practicable, from the date you file your claim with the court. If you request a hearing, you should come to court ready to explain why your property is exempted, and you should bring any documents which may help you prove your case. If you do not come to court at the designated time and prove that your property is exempt, you may lose some of your rights. It may be helpful to you to seek the advice of an attorney in this matter. MAJOR EXEMPTIONS UNDER FEDERAL LAW I claim that the exemption(s) from garnishment which are checked below apply in this case: 1. Social Security benefits and Supplemental Security income (42 U.S.C. § 407). 2. Veterans' benefits (38 U.S.C. § 3101). 3. Federal civil service retirement benefits (5 U.S.C. § 8346 and 22 U.S.C. § 4060(c)). 4. Annuities to survivors of federal judges (28 U.S.C. § 376(n)). 5. Longshoremen and Harborworkers Compensation Act (33 U.S.C. § 916). 6. Black lung benefits (30 U.S.C. §§ 931(b)(2)(F) and 932(a)). 6a. Seaman's, master's or fisherman's wages, except for child support or spousal support and maintenance (46 U.S.C.A. §§ 1108-1109(a-c)). 6b.Railroad retirement, pension, unemployment benefits (45 U.S.C. §§ 231(m), 352(e)). Exemptions listed under 1 through 6 above may not be applicable in child support and alimony cases (42 U.S.C. § 659). 7. Bankruptcy Code (Title 11, United States Code) which generally provides exemptions for: (a) $20,200 of equity in your residence. (b) $3,225 of equity in a motor vehicle. (c) Jewelry worth up to $1,350. (d) Personal property worth up to $10,775. (However, no single item worth more than $525 can be claimed as exempt.) (e) Property totaling up to $1,075 in value, plus up to $10,125 of any unused amount of the exemption provided in number 7(a) above. (f) $2,025 of equity in professional books, implements or tools, of your trade or your dependant's trade. (g) Any unmatured life insurance contract you own, other than credit life insurance. (h) The aggregate value, up to $10,775, of any accrued dividend or interest under, or loan value of, any unmatured life insurance contract you own, but only if you are the insured or you are a dependant of the insured. (i) Professionally prescribed health aids for you or your dependants. (j) Unemployment compensation benefits, local public assistance benefits, disability benefits, illness benefits; and alimony, support, and separate maintenance, to the extent these items are reasonably necessary for your support or the support of your dependants. (k) A payment under a stock bonus, pension, profit-sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for your support or the support of your dependants, subject to the limitations set forth at Title 11 United States Code Section 522(d)(10)(E)(i)-(iii). (l) Your right to receive, or property that is traceable to, an award under a crime victim's reparation law; a payment on account of the wrongful death of an individual of whom you were a dependant, but only to the extent reasonably necessary for your support or the support of your dependants; a payment under a life insurance contract that insured an individual of whom you were a dependant on the date of the insured's death, but only to the extent reasonably necessary for your support or the support of your dependants; 2 - - a payment, not to exceed $20,200, on account of personal bodily injury suffered by you or by an individual of whom you are a dependant; however, payment for pain and suffering or payment to compensate actual pecuniary loss are not exempt under this paragraph; a payment in compensation of loss of your future earnings or the future earnings of an individual of whom you are, or were, a dependant, but only to the extent reasonably necessary for your support or the support of your dependants. MAJOR EXEMPTIONS UNDER NEVADA STATE LAW NOTE: The law of the state where you have been domiciled for at least 180 days governs your rights. NOTE: If you have selected the Bankruptcy Code exemptions (line 7 above), you may not also claim the Nevada state law exemptions listed below. Value Claimed 8. Pensions and Retirement Benefits -- Benefits under the public employee retirement system. (Nev. Rev. Stat. §286.670). 9. Public Assistance -- All exempt. Payments for public assistance granted through the Division of Welfare and Supportive Services of the Department of Health and Human Services or a local government entity. (Nev. Rev. Stat. §§422.291 and 615.270). 10. Insurance Benefits -- Life insurance benefits, if the annual premium does not exceed $15,000; otherwise, a prorated portion of the benefits. Health insurance proceeds and disability benefits which are supplemental to life insurance or annuity contract, group health and group life; monthly payments of $350 or less from annuity contracts. (Nev. Rev. Stat. §§21.090(k), 687B.260, 270, 280 and 290). 11. Workers' Compensation -- All exempt. (Nev. Rev. Stat. §616.550). 12. Unemployment Compensation -- Exempt, as long as funds are not commingled, except for debts for necessaries furnished while the debtor was unemployed. (Nev. Rev. Stat. §612.710). 13. Homestead or Residential Property -- $550,000 in equity in either a dwelling or a mobile home subject to certain liens; land held in a spendthrift trust for the debtor. (Nev. Rev. Stat. §§21.909, 21.080, 115.010 and 115.040). 3 14. Rental/Lease Deposits – All money reasonably deposited with a landlord to secure an agreement to rent or lease a dwelling that is used by the judgment debtor as his/her primary residence. (Nev. Rev. Stat. §21.075(2)). 15. Motor Vehicles -- One motor vehicle, if the judgment debtor’s equity does not exceed $15,000. (Nev. Rev. Stat. §21.090(f)). 16. Wages -- For any work week, 75% of disposable earnings, or fifty times the Federal minimum hourly wage, whichever is greater. (Nev. Rev. Stat. §21.090(g)). 17. Retirement Plans--Money, not to exceed $500,000 in present value, held in: an individual retirement arrangement; a written simplified employee pension plan; a cash or deferred arrangement that is a qualified plan pursuant to the Internal Revenue Code; a trust forming part of a stock bonus, pension or profit-sharing plan that is a qualified plan pursuant to the Internal Revenue Code; and a trust forming part of a qualified tuition program, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university. (Nev. Rev. Stat. §§21.0090(1)(r)(1-5)). 18. Child Support–All money and other benefits paid pursuant to a court order for the support, education and maintenance of a child, whether collected by the judgment debtor or the State. (Nev. Rev. Stat. §21.075(2)). 19. Spousal Support–All money and other benefits paid pursuant to a court order for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled. (Nev. Rev. Stat. §21.075(2)). 20. Handicapped mobility – A vehicle used by the judgment debtor or his/her dependent which is specially equipped or modified to provide mobility for a person with a permanent disability. (Nev. Rev. Stat. §21.075(2)). 21. Prosthetics – A prosthesis or any equipment prescribed by a physician or dentist for the judgment debtor or his/her dependent. (Nev. Rev. Stat. §21.075(2)). 4 22. Compensation – Payment, not to exceed $16,150, received as compensation for personal bodily injury, not including compensation for pain and suffering or actual pecuniary loss, suffered by the judgment debtor or by an individual upon whom the judgment debtor is dependent; payment on account of the wrongful death of an individual upon whom the judgment debtor was a dependant, but only to the extent reasonably necessary for support of the judgment debtor and any dependent of the judgment debtor; payment in compensation of loss of the future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, but only to the extent reasonably necessary for the support of the judgment debtor and any dependant of the judgment debtor; payment received as restitution for a criminal act. (Nev. Rev. Stat. §21.075(2)). 23. Personal Property-- All family pictures and keepsakes; private libraries, works of art, musical instruments and jewelry, not to exceed $5,000; household goods, furnishings, electronics, wearing apparel, other personal effects and yard equipment, not to exceed $12,000. A collection or cabinet of metal-bearing ores, geological specimens, art curiosities or paleontological remains, if the debtor catalogues them and the catalog is kept near the collection for the free inspection of all visitors, shall be entitled to hold the same exemption from execution as above. Personal property not otherwise exempt from execution not to exceed $1,000 in value. Coin (or any numismatic) collections are not exempt. (Nev. Rev. Stat. §§21.075, 21.080, 21.090, and 21.100). 24. Trade Implements -- not to exceed $4,500 in farm equipment and farm stock, supplies, tools, and seed; the professional libraries, equipment, supplies, and the tools, inventory, instruments and materials used to carry on the judgment debtor’s trade or business not to exceed $10,000 in value; not to exceed $4,500 in mining equipment, including the cabin and the mining claim. (Nev. Rev. Stat. §§21.090(c),(d) and (e)). 25. Partnership Property -- A partner's interest in specific partnership property. (Nev. Rev. Stat. §87.250(2)(c)). 26. Cemeteries and Burial Funds -- A cemetery association's land, as long as the land is used as a cemetery; trust funds consisting of prepayments for cemetery and burial services. (Nev. Rev. Stat. §§83.110 and 689.700). 27. Fraternal Benefit Society Benefits -- Exempt. (Nev. Rev. Stat. §695A.220). 5 VERIFICATION AND REQUEST FOR HEARING The statements made in this claim of entitlement to exemptions and request for hearing as to exemption entitlement and fair market value of the property designated are made and declared under penalty of perjury that they are true and correct. I hereby request a court hearing to decide the validity of my claims. Notice of the hearing should be given to me by mail at: ( Address ) or telephonically at ( ) Phone no. Name Date State of Nevada County of Signed and sworn to before me on this day of , 20 . NOTARY PUBLIC Within 20 days after this notice was mailed, you must either mail or deliver this notarized form in person to: Clerk, United States District Court 333 Las Vegas Blvd. South, Room 1334 Las Vegas, Nevada 89101. You must also send a copy of your request to the United States Attorney at: Roger W. Wenthe, AUSA United States Attorney's Office 333 Las Vegas Blvd., South Suite 5000 Las Vegas, Nevada 89101 IF YOU DO NOT FILE THIS AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT. 6 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA UNITED STATES OF AMERICA, Judgment Creditor vs. Judgment Debtor ) ) ) Case No. _________________________ ) ) ) AFFIDAVIT OF EXEMPTIONS ) AND REQUEST FOR HEARING ) ) ) 1. Describe the property executed upon (include account numbers, location, etc.): 2. Complete this paragraph if you claim the property executed upon is exempt: ( ) (a) The property which has been executed upon is exempt from execution because it is: (Check the applicable box or boxes): G G G G G G G G G G G Wearing apparel and school books Fuel, provisions, furniture, and personal effects up to the amount allowed by law Books and tools of a trade, business or profession up to the amount allowed by law Unemployment benefits Undelivered mail Certain Pensions Workers' Compensation Judgments for support of minor children Certain service-connected disability payments Assistance under Job Training Partnership Act Other (describe) ( ) (b) I have attached copies of the documents that show my property is exempt. /// /// /// 3. Complete this paragraph if you believe the Writ of Continuing Garnishment was improperly issued: ( ) I believe that the Writ of Continuing Garnishment was issued improperly. (Explain) ( ) ( ) I claim ownership of all or part of the property taken and I am not one of the persons against whom a judgment has been entered. I do not own the property taken. The statements made in this claim of entitlement to exemptions and request for hearing as to exemption entitlement are made and declared under penalty of perjury that they are true and correct. I hereby request a court hearing to decide the validity of my claims. Notice of the hearing should be given to me by mail at the address listed below. Dated this ___ day of ______________, 20___. Signature of Debtor Printed Name Mailing Address Phone Number SUBSCRIBED and SWORN to before me this day of , . NOTARY PUBLIC in and for the , County of . State of 1 2 3 4 5 6 7 DANIEL G. BOGDEN United States Attorney District of Nevada ROGER W. WENTHE Assistant United States Attorney Nevada Bar No. 8920 333 Las Vegas Blvd. So., Suite 5000 Las Vegas, Nevada 89101 Tele: (702) 388-6336 Fax: (702) 388-6787 E-mail: roger.wenthe@usdoj.gov Attorneys for the United States 8 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 10 11 UNITED STATES OF AMERICA, Judgment Creditor, 12 vs. 13 14 EUGENE CHEN, M.D., Judgment Debtor, 15 and 16 17 ANTHEM BLUE CROSS BLUE SHIELD, 18 Garnishee. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:04-CV-0859-PMP-PAL INSTRUCTIONS TO THE GARNISHEE 19 20 TO: 21 22 23 Anthem Blue Cross Blue Shield c/o Linda Anthone 700 Broadway CO 0105-0560 Denver, Colorado 80273 Pursuant to the Federal Debt Collection Procedures Act of 1990, 28 U.S.C.§ 3205(c)(3), 24 the United States serves the following instructions upon the Garnishee with a copy of the Writ of 25 Continuing Garnishment. 26 . . . 1 1 2 3 1. Enclosed is a Writ of Continuing Garnishment requesting that you determine whether or not you have in your possession, custody or control any of the property of the Judgment Debtor listed therein, or any other property of the Judgment Debtor. 2. You are required by law to serve a written answer to this writ within 10 days of 4 5 6 7 8 9 10 11 service of this writ. You are further required to withhold and retain any property, including earnings, in which the Judgment Debtor has a substantial non-exempt interest. 3. disposable earnings or the amount by which disposable earnings for the week exceeds thirty times the federal minimum hourly wage, whichever is less. See 15 U.S.C. § 1673(A). To calculate disposable earnings, subtract the following from wages, commissions, and income: i. ii. iii. iv. v. 12 13 14 15 In regard to earnings, the law limits garnishment to 25% of the Judgment Debtor's 4. Federal Income Tax Federal Social Security Tax (F.I.C.A.) State income tax State disability insurance Public employee retirement withholding You are required by law to withhold and retain 25% of the Judgment Debtor's 16 disposable income pending the issuance of a final order in this matter. DO NOT SEND THIS 17 MONEY TO THE UNITED STATES ATTORNEY'S OFFICE AT THIS TIME; THE 18 FEDERAL DEBT COLLECTION PROCEDURES ACT REQUIRES THAT THE GARNISHEE 19 WITHHOLD SUCH MONEY PENDING THE ISSUANCE OF THE FINAL ORDER. WHEN 20 A FINAL ORDER IS ISSUED IN THIS MATTER, YOU WILL BE SENT A COPY OF 21 THAT ORDER WITH INSTRUCTIONS AS TO WHERE TO SEND THE 22 GARNISHMENT PAYMENTS. 23 5. IF YOU FAIL TO ANSWER THIS WRIT OR FAIL TO WITHHOLD 24 PROPERTY IN ACCORDANCE WITH THE WRIT, THE COURT MAY MAKE YOU 25 LIABLE FOR THAT AMOUNT OF THE JUDGMENT DEBTOR'S NONEXEMPT 26 2 1 PROPERTY WHICH YOU FAILED TO WITHHOLD. ADDITIONALLY, YOU MAY BE 2 HELD LIABLE FOR A REASONABLE ATTORNEY'S FEE TO THE UNITED STATES OF 3 AMERICA IF THE UNITED STATES FILES A PETITION TO THE COURT REQUESTING 4 AN EXPLANATION FOR YOUR FAILURE TO COMPLY WITH THIS WRIT. 5 6. A form answer has been included with these instructions for your use, should you 6 desire to use it. You are not required to use the form answer. If you use the form answer, please 7 fill out the information completely and send the original to the Clerk of the Court as directed in 8 the Writ of Continuing Garnishment. Copies of your answer must also be mailed to the United 9 States Attorney's Office and the Judgment Debtor. 10 7. If you have additional questions concerning this procedure, please contact 11 Assistant United States Attorney Roger W. Wenthe at (702)388-6336, or by mail at: United 12 States Attorney's Office, 333 Las Vegas Boulevard South, Suite 5000, Las Vegas, Nevada 13 89101. The United States Attorney's Office cannot provide you with legal advice on this matter; 14 15 16 for legal advice, you should contact an attorney. If you are unsure of how to proceed, you may want to consult an attorney. DATED this 15th day of April, 2010. 17 Respectfully submitted, 18 DANIEL G. BOGDEN United States Attorney 19 20 /s/ Roger W. Wenthe ROGER W. WENTHE Assistant United States Attorney 21 22 23 24 25 26 3
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