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United States v. Martin

United States District Court, W.D. Washington, Seattle

August 8, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
MICHAEL T. MARTIN, a/k/a Thomas Martin, Defendant/Judgment Debtor, and AMEGY BANK, Garnishee.

          NOTICE TO DEFENDANT/ JUDGMENT DEBTOR FROM CLERK, UNITED STATES DISTRICT COURT

         TO: MICHAEL T. MARTIN:

         You are hereby notified that a garnishment action is being taken by the United States of America, which has a Judgment from the U.S. District Court for the Western District of Washington, in United States of America v. Michael T. Martin, No. 2:98-CR-0190-l (August 21, 1998), in the amount of $1, 689, 076.45, consisting of $1, 688, 876, 45 in Restitution, and $200.00 in a Special Assessment. A balance of $1.554.006.76 remains outstanding as of August 2, 2017.

         In addition, you are hereby notified that there are exemptions under federal law that may protect some of your property from being taken by the Government, if you can show that the exemptions apply. Attached is a summary of the major exemptions, entitled "Claim for Exemption Form/Notice of Consumer Credit Protection Act Form, " which may apply to this action. A "Notice to Judgment Debtor on How to Claim Exemptions" accompanies this Notice.

         You, Michael T. Martin, have a right to ask the Court to return your property to you if you believe ihe property the government is taking qualifies under one of the exemptions listed in the attached exhibit. You also have the right to explain to the Court that the United States is not in compliance with any statutory requirement for the issuance of this garnishment, if that is your position.

         If you want a hearing, you must notify the Court within twenty (20) days after receipt of this Notice. Your request must be in writing. If you wish, you may use the attached "Request for Hearing Form" to request the hearing. To request a hearing, you must do all of the following:

(1) Either mail your original request for hearing via First Class Mail, or deliver it in person to the Clerk of the United States District Court for the Western District of Washington, 700 Stewart Street, Lobby Level, Seattle, WA 98101; and
(2) Either mail a copy of your request via First Class Mail, or deliver it in person to Amegy Bank, Attn: Legal Support Division, 1875 South Redwood Road, Salt Lake City, UT 84104; and
(3) Either mail a copy of your request via First Class Mail, or deliver it in person to the United States Attorney's Office for the Western District of Washington, Assistant United States Attorney, Kyle Forsyth, Attn: Financial Litigation Unit, 700 Stewart Street, Suite 5220, Seattle, WA 98101.

         The healing, when appropriate, will take place within approximately five (5) days after i the Clerk receives your request, if you ask for it to take place that quickly, or as soon after that as possible, pursuant to 28 U.S.C. § 3202(b).

         At the hearing, you may explain to the Court why you believe the property the Government has or is taking is exempt. If you do not request a hearing within twenty (20) days of the receipt of this Notice, your property may be seized and payment used toward the money you owe the Government.

         If you think you live outside the Federal Judicial District in which this Court is located, you may request, not later than twenty (20) days after you receive this Notice, that this proceeding to take your property be transferred by the Court to the Federal Judicial District in which you reside. To make such a request, do all of the following:

(1) Make your request for a transfer in writing; and
(2) Either mail a copy of your request via First Class Mail, or deliver it in person to the Clerk of the Court, 700 Stewart Street, Lobby Level, Seattle WA 98101; and
(3) Either mail a copy of your request via First Class Mail, or deliver it in person to Amegy Bank, Attn: Legal Support Division, 1875 South Redwood ...

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