Application for Writ of Garnishment with Clerk's Notice — USA v. Gaines (Dkt. 21, N.D. Ga.)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:21-cr-00206-JPB · Doc. 21 · 2023-06-22 · Docket on CourtListener

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FILED IN CLERK'S OFFICE 
U.S.O.C .. Atlanta 
IN THE UNITED ST ATES DISTRICT COU T 
. JUN 2 2 2023 
FOR THE NORTHERN DISTRICT OF GEO 
IA 
ATLANTA DIVISION 
L-,~~~r.-.-' 
UNITED ST ATES OF AMERICA, 
V. 
ANDRE LEE GAINES, 
Defendant, 
and 
MORGAN & MORGAN PLLC, 
Garnishee. 
CRIMINAL ACTION 
NO: 1:21-CR-206-01-JPB 
APPLICATION FOR WRIT OF GARNISHMENT 
The United States of America, by and through the United States Attorney 
for the Northern District of Georgia and the undersigned Assistant United States 
Attorney, respectfully applies to the Clerk of Court for the Northern District of 
Georgia for issuance of a Writ of Garnishment pursuant to 28 U.S.C. § 3205(b)(1) 
upon the judgment entered against Defendant, Andre Lee Gaines, whose social 
security number is xxx-xx-2232 (hereinafter referred to as "judgment debtor" or 
the "Defendant") and whose last known address1 is in Dallas, GA. 
1 Pursuant to Fed. R. Crim. P. 49.1, Defendant's social security number has been redacted to the last four digits and Defendant's home 
address has been redacted to the city and state to prevent public disclosure. Upon request of the Court, the full social security number 
and address will be provided in camera. 
1 
Case 1:21-cr-00206-JPB     Document 21     Filed 06/22/23     Page 1 of 4

1. 
A judgment in the amount of $806,810.00, plus costs and post-
judgment interest at the rate of 0.11 % compounded annually, was entered against 
the Defendant on October 5, 2021. As of June 20, 2023, the judgment balance is 
$762,691.33. 
2. 
Demand for payment of the above-stated debt was made upon the 
Defendant not less than 30 days from the date of this application and Defendant 
has failed to satisfy the debt. 
3. 
Upon information and belief, the below listed garnishee (the 
"Garnishee") is believed to owe or will owe, or is in possession of, money, property 
to the Defendant, or is in possession of property of the Defendant. Said property 
is a nonexempt interest of the Defendant. 
The name and address of the Garnishee is: 
Morgan & Morgan PLLC 
c/ o Registered Agent Solutions, Inc. 
900 Old Roswell Lakes Pkwy, Ste 310 
Roswell, GA 30076 
Morgan & Morgan PLLC 
Attn: Gregory Johnson, Esq. 
40812th St., Suite 200 
Columbus, GA 31901 
2 
Case 1:21-cr-00206-JPB     Document 21     Filed 06/22/23     Page 2 of 4

4. 
The United States will serve the Garnishee and Defendant with a copy 
of the Writ of Garnishment and shall certify effectuation of service of process to 
the Court. The Writ of Garnishment will be accompanied by (a) instruction to the 
Garnishee of the requirements to submit a written Answer; and (b) instructions to 
the Defendant for objecting to the Garnishee's Answer and obtaining a hearing on 
the objections (attached hereto). 
WHEREFORE, the United States requests that the clerk issue a Writ of 
Garnishment to Garnishee. 
Dated this 9.\Sr day of :SuAe 
I 2023. 
RYAN K. BUCHANAN 
UNITED STATES ATTORNEY 
tl&\) i 
VIVIEON K. JO 
Assistant Unite 
tates Attorney 
Georgia Bar No. 143033 
600 U.S. Courthouse 
75 Ted Turner Drive, S.W. 
Atlanta, Georgia 30303 
404-581-6350 
404-581-6167 Fax 
vivieon.jones@usdoj.gov 
3 
Case 1:21-cr-00206-JPB     Document 21     Filed 06/22/23     Page 3 of 4

CERTIFICATE OF COMPLIANCE 
I hereby certify, pursuant to Local Rules 5.1B and 7.1D, that the foregoing was 
typed using 13-point Book Antiqua font. 
Assistant U ted States Attorney 
4 
Case 1:21-cr-00206-JPB     Document 21     Filed 06/22/23     Page 4 of 4

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