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U.S. v. HAYNES

United States District Court, N.D. Illinois


February 4, 2004.

UNITED STATES OF AMERICA, Plaintiff
v.
DONNA M. HAYNES, Defendant, and GEORGE COMFORT & SONS, INC., Garnishee

The opinion of the court was delivered by: JAMES MORAN, Senior District Judge MARTIN ASHMAN, Magistrate Judge

REPORT AND RECOMMENDATION

This matter is before the Court on the motion of the United States for entry of an order of garnishment. The Court has reviewed the motion and the United States' representations therein, and finds as follows:

  1. Judgment in the captioned matter was entered in favor of the United States and against defendant on October 10, 1995. As of January 20, 2004, defendant Donna M. Haynes has an outstanding balance of $152,528.94.

  2. A writ of continuing garnishment directed to garnishee George Comfort & Sons, Inc., was issued on the judgment on December 4, 2003, and was served on garnishee on December 16, 2003.

  3. Pursuant to the writ of continuing garnishment, garnishee filed an answer on or about December 16, 2003. In its answer, garnishee stated that, at the time the writ was served, Page 2 garnishee had in its possession or under its control, wages belonging to and due defendant, Donna M. Haynes n/k/a Donna Taylor. Based upon garnishee's answer, the United States is entitled to a sum equal to 25% of the defendant's disposable earnings since the date the writ was served. Further, the United States is entitled to continued payments equal to 25% of the defendant's disposable earnings for each of the defendant's pay periods until the debt is paid in full.

  4. On December 10, 2003, the defendant was notified of the right to a hearing and right to object to the answer of garnishee. More than twenty days have elapsed since the defendant was notified and, if an answer was filed, more than twenty days have elapsed since the answer was filed. The defendant has not requested a hearing nor objected to the answer of garnishee within the time provided by law.

  Therefore, the Court recommends that the motion of the United States for entry of an order of garnishment be granted. The garnishee George Comfort & Sons, Inc., should be ordered to pay to the United States Department of Justice, a sum equal to 25% of the defendant's disposable earnings since the date the writ was served, and further that garnishee continue payments of 25% of the defendant's disposable earnings each pay period until the debt is paid in full, or until garnishee no longer has custody, possession or control of any wages or income belonging to defendant, or until further order of this Court. Page 3 Written objections to any finding of fact, conclusion of law, or the recommendation for disposition of this matter must be filed with the Honorable James B. Moran within ten (10) days after service of this Report and Recommendation. See Fed.R.Civ.P. 72(b). Failure to object will constitute a waiver of objections on appeal. Page 1

20040204

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