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,
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.
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.
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