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United States v. Earnest

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

June 21, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
STEVEN WILLIAM EARNEST, Defendant/Judgment Debtor, and SELLEN CONSTRUCTION, Garnishee.

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

         TO: STEVEN WILLIAM EARNEST:

         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. Steven William Earnest, No. 2:02-CR-0146-2 (September 6, 2002), in the amount of $60, 563.03, consisting of $60, 463.03 in Restitution, and $100.00 in a Special Assessment, A balance of $38, 031.70 remains outstanding as of June 7, 2018.

         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" also accompanies this Notice, You, Steven William Earnest, have a right to ask the Court to return your property to you if you believe the 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 Sellen Construction, Attn: HR, P.O. Box 9970, Seattle, WA 98109; 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 hearing, when appropriate, will take place within approximately five (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, 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 Sellen Construction, Attn: HR, P.O. Box 9970, Seattle, WA 98109; and

         (4) 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.

         It is recommended that you keep a copy of this Notice for your own records. If you have any questions about your rights or about this procedure, you should contact a lawyer, an office of public legal assistance, or the Clerk of the Court. The Clerk is not permitted to give legal advice, but may be able to refer you to other sources of information.

         NOTICE TO DEFENDANT/JUDGMENT DEBTOR ON HOW TO CLAIM EXEMPTIONS

         The attached post-judgment process has been issued on request of the United States of America.

         Federal law provides that certain property and wages cannot be taken, and these laws may be applicable. Such property is said to be exempted. The attached Claim for Exemption Form/Notice of Consumer Credit Protection Act Form lists the exemptions under federal law. There is no exemption solely because you are having difficulty paving your debts.

         If you claim any exemption(s), you must (1) fill out the attached Claim for Exemption Form/Notice of Consumer Credit Protection Act Form and (2) hand deliver, or mail via First Class Mail, the original form to (a) Clerk of Court, 700 Stewart Street, Lobby Level, Seattle, WA 98101 and a copy to (b) 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, with your Request for Hearing Form. This must be done withintwenty (20) days of receipt of the Notice to Defendant/Judgment Debtor from the Clerk, ...


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