Writ of Garnishment — USA v. Gaines (Dkt. 21-1, N.D. Ga.)

Record facts

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

Full text

IN THE UNITED STATES DISTRICT COU T 
FILED !N CU:kfS OFFICE 
u.S.O.C. • Atlanta 
JUN 2 2 202J, 
FOR THE NORTHERN DISTRICT OF GEOR~i.-4--,-:.....,~ ~~-------' 
ATLANT A DIVISION 
UNITED STATES OF AMERICA, 
V. 
ANDRE LEE GAINES, 
Defendant, 
and 
MORGAN & MORGAN PLLC, 
Garnishee. 
CRIMINAL ACTION 
NO: 1:21-CR-206-01-JPB 
WRIT OF GARNISHMENT 
TO: 
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. 
408 12th St., Suite 200 
Columbus, GA 31901 
The United States has filed an Application for Writ of Garnishment against 
the property of Andre Lee Gaines, (hereafter referred to as "the judgment debtor" 
or the "Defendant") in accordance with 28 U.S.C. § 3205. 
1. 
A judgment has been entered against the judgment debtor in 
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the amount of $806,810.00 plus interest at the rate of 0.11 %, compounded annually 
with a balance of $762,691.33 as of June 20, 2023. 
2. 
You are required by law to answer in writing, under oath, within 
ten (10) days, whether or not you have in your custody, control or possession, any 
property owned by the Defendant, including any and all proceeds received from 
the personal injury case stemming from a motor vehicle accident. 
3. 
You are further required by law to answer in writing, under oath, 
within ten (10) days after receipt of the Writ, providing the following 
information: 
(1) Whether you have any property owned by or due to the 
judgment debtor, including funds, accounts, monies, or proceeds in your custody, 
control, or possession; (2) A description of the property and the value of the 
property; (3) A description of any previous garnishment to which such property 
is subject and the extent to which any remaining property is not exempt; (4) The 
amount you are holding, owe, or anticipate owing to the judgment debtor. 
4. 
You must, within ten (10) days of your receipt of this Writ, file the 
original written answer to this Writ with the Clerk of Court for the Northern 
District of Georgia at 2211 U.S. Courthouse, 75 Ted Turner Drive, Atlanta, 
Georgia 30303. Additionally, you are required by law to serve a copy of your 
answer upon the judgment debtor, Andre Lee Gaines and upon Vivieon K. Jones, 
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Assistant United States Attorney, , 600 U.S. Courthouse, 75 Ted Turner Drive, 
S.W., Atlanta, GA 30303. 
5. 
Under the law, there is property which may be exempt from 
garnishment. Property which the court may rule exempt, upon issuance of the 
Disposition Order or an Agreed Garnishment, is listed on the attached Exemption 
Claim Form directed to the judgment debtor. 
6. 
If you fail to answer this Writ or withhold property in accordance 
with this Writ, the United States may petition the Court for an order requiring you 
to appear before the Court. 
7. 
If you fail to appear or do appear and fail to show good cause why 
you failed to comply with this Writ, the Court may enter a judgment against you 
for the value of the judgment debtor's non-exempt property. It is unlawful to pay 
or deliver to the judgment debtor any item attached by this Writ. 
8. 
The Court may also award a reasonable attorney's fee to the United 
States of America and against you if the Writ is not answered within the time 
specified and if the United States files a petition requiring you to appear. 
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IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the 
seal of said Court at 2211 U.S. Courthouse, 75 Ted Turner Drive, Atlanta, Georgia 
30303 , this---~ ............... ~-- day O~\.L-"'---··Jl·:::: 
, 2023. 
KEVIN P. WEIMER 
CLERK, UNITED STATES DISTRICT COURT 
BY: 
~~ 
DeputyCer 
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