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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

CASE NO. 3:20-mc-00045-MCR-HTC

NATIONWIDE JUDGMENT RECOVERY, INC.,

Plaintiff, 

v.

RICHARD TENER,

Defendant,

v.

JPMORGAN CHASE BANK, N.A.,

Garnishee.

______________________________________________/

MOTION FOR WRIT OF GARNISHMENT, AFTER JUDGMENT, AND 

MEMORANDUM OF LAW

Comes now movant NATIONWIDE JUDGMENT RECOVERY, INC., as assignee of

PLAINTIFF MATTHEW E. ORSO, IN HIS CAPACITY AS COURT-APPOINTED 

SUCCESSOR RECEIVER FOR REX VENTURE GROUP, LLC, d/b/a ZEEKREWARDS.COM 

(“Plaintiff”), by and through its undersigned attorney, pursuant to § 77.03, Fla. Stat. and Rule 

69(a), Fed. R. Civ. P., and files this Motion for the issuance of a Writ of Garnishment after 

Judgment directed to JPMORGAN CHASE BANK, N.A. (“the Garnishee”), who is believed 

by Plaintiff to have possession or control of tangible assets of Defendant, RICHARD TENER

(“Defendant”, or “Defendant Tener”), located within the Northern District of Florida, Pensacola

Division.

1. Plaintiff registered a judgment (“the judgment”) against Defendant with this Court 

on August 26, 2020 [Docket No. 1].

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2. The judgment was originally entered on August 14, 2017 by the United States 

District Court for the Western District of North Carolina, Charlotte Division, in favor of Plaintiff 

and against each individual member of a Defendant Class, including Defendant Tener.

3. The judgment was in the amount of $360,388.94 with post-judgment interest 

accruing since entry.

4. To date, Defendant has not satisfied any portion of the judgment.

5. Plaintiff believes that Garnishee is or may be indebted to Defendant or has tangible 

or intangible personal property of the Defendant in its hands, possession or control within the 

Northern District of Florida, Pensacola Division, sufficient to satisfy the judgment in whole or in 

part and requests that the Clerk of this Court issue a Writ of Garnishment demanding the Garnishee 

to answer according to the applicable law.

6. Plaintiff has met the statutory requirements for issuance of a Writ of Garnishment 

against JPMORGAN CHASE BANK, N.A.

MEMORANDUM OF LAW

The Federal Rules of Civil Procedure set out a clear process for proceedings in aid of 

judgment. Fed. R. Civ. P. 69 (a)(1) provides that a money judgment is enforced by a writ of 

garnishment. “The procedure on execution...must accord with the procedure of the state where the 

court is located, but a federal statute governs to the extent it applies”. Id. Florida law also provides 

for judgment enforcement through writ of garnishment. “Every person or entity who has sued to 

recover a debt or has recovered judgment in any court against any person or entity has a right to a 

writ of garnishment.” Fla. Stat. § 77.01. The rules further provide that a judgment entered in one 

United States District Court may be registered in other district courts, and “a judgment so 

registered shall have the same effect as a judgment of the district court of the district where 

registered and may be enforced in like manner,” § 28 U.S.C. 1963. District Courts in Florida have 

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affirmed that a judgment entered in one United States District Court and registered in another is to 

be enforced in the new district with the law of the state in which the new district is located as 

though the judgment in question was originally rendered in the new district. See Orix Financial 

Services, Inc. v. Sims, No. 3:06-MC-16-J-32MCR, 2008 WL 681037 (M.D. Fla. Mar. 7, 2008) 

(applying Florida law to objections to Florida execution proceeding on judgment entered in 

Southern District of New York).

As for enforcement of a judgment once entered or registered, Rule 69 is also clear that a 

writ of execution is the means for enforcement, and that “the procedure on execution...must accord 

with the procedure of the state where the court is located...” Fed R. Civ. P. 69(a)(1). Turning then 

to Florida law, the Florida Statutes state that a judgment creditor is entitled to enforce a money 

judgment through a writ or writs of garnishment: 

Every person or entity who has sued to recover a debt or has recovered judgment in any 

court against any person or entity has a right to a writ of garnishment, in the manner 

hereinafter provided, to subject any debt due to defendant by a third person...and any 

tangible or intangible personal property of defendant in the possession or control of a 

third person. § 77.01, Fla. Stat. (2002).

Florida Statute § 77.03 governs the issuance of writs after judgment:

After judgment has been obtained against defendant but before the writ of garnishment is 

issued, the plaintiff, the plaintiff’s agent or attorney, shall file a motion...stating the 

amount of the judgment. 

As to the required elements of a writ, Florida Statute § 77.04 states that the writ shall:

require the garnishee to serve an answer on the plaintiff within 20 days after service of 

the writ stating whether the garnishee is indebted to the defendant at the time of the 

answer, or was indebted at the time of service of the writ, plus up to 1 business day for 

the garnishee to act expeditiously on the writ, or at any time between such times; in what 

sum and what tangible or intangible personal property of defendant the garnishee has in 

his or her possession or control at the time of his or her answer, or had at the time of the 

service of the writ, or at any time between such times; and whether the garnishee knows 

of any other person indebted to defendant, or who may have any of the property of 

defendant in his or her possession or control. The writ shall state the amount named in 

the plaintiff’s motion. 

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Plaintiff has complied with the requirements of the Federal Rules of Procedure and of 

Florida Statutes with regard to the elements required for issuance of a writ, as set forth herein, and 

therefore is entitled to entry of the requested Writ of Garnishment. A proposed Writ of 

Garnishment along with the Notice to Defendant that the Clerk is required to attach to an entered 

writ under Florida Statute § 77.041(1) is attached hereto as Exhibit A.

WHEREFORE movant NATIONWIDE JUDGMENT RECOVERY, INC., as assignee of 

PLAINTIFF MATTHEW E. ORSO, IN HIS CAPACITY AS COURT-APPOINTED 

SUCCESSOR RECEIVER FOR REX VENTURE GROUP, LLC, d/b/a ZEEKREWARDS.COM

requests that this Court grant this motion and direct the Clerk of Court to issue a Writ of 

Garnishment against Garnishee, JPMORGAN CHASE BANK, N.A., in the amount of 

$360,388.94, and such other relief as this Court deems just, fair and equitable.

Dated: December 23, 2022

Respectfully submitted,

___________________

Alison N. Emery, Esquire

Counsel for Nationwide Judgment Recovery, Inc.

Florida Bar No. 0621641

Emery Law, PLLC

5011 Gate Parkway

Building 100, Suite 100

Jacksonville, FL 32256

Telephone 904-404-3394

E-mail: alison@emerylawjax.com

 

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