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MICHAEL COSENTINO State Bar No. 83253

Counsel for the United States

P.O. Box 129

Alameda, CA 94501

Telephone: (510) 523-4702

Facsimile: (510) 747-1640

Attorney for Plaintiff

United States of America

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA,

Case No. C89-1705 M

Plaintiff,

v.

LESLIE P. WALKER 

aka LESLIE WALKER,

WRIT OF CONTINUING 

Defendant, GARNISHMENT

and 

GARY D. NELSON ASSOCIATES, INC.,

Garnishee. 

 _________________________________/ 

TO: Payroll Department

GARY D. NELSON ASSOCIATES, INC.

19080 Lomita Avenue

Sonoma, CA 95476

YOU ARE HEREBY COMMANDED TO GARNISH FOR THE BENEFIT OF

THE UNITED STATES OF AMERICA THE WAGES, SALARY, OR COMMISSION IN

YOUR CUSTODY, CONTROL, OR POSSESSION IN WHICH THE DEFENDANTJUDGMENT DEBTOR HAS AN OWNERSHIP INTEREST.

The name, SSN XXX-XX-9456, and last known address of the person who is

the defendant-judgment debtor (hereinafter “debtor”) in this action and whose property
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is subject to this Writ are as follows:

LESLIE P. WALKER aka LESLIE WALKER

101 Lakeview Avenue

San Francisco, CA 94112-3011

This Writ has been issued at the request of the United States of America to

enforce the collection of a civil judgment entered in favor of the United States against

the debtor for a defaulted student loan in the amount of $2,208.92. There is a balance

of $17,372.52 due on the judgment, which amount includes costs and interest

computed through April 5, 2017.

The following are the steps that you must take to comply with this Writ. If you

have any questions, you should consult with your attorney.

1. Pursuant to 28 U.S.C. § 3205(c)(2)(F), if you have in your custody, control,

or possession any property of the debtor, including wages, salary, or commissions, in

which the debtor has a substantial nonexempt interest, or if you obtain custody,

control, or possession of such property while this Writ is in effect, you must

immediately withhold such property from the debtor and retain it in your possession

until you receive instructions from the Court which will tell you what to do with the

property. The United States has requested that the sum of 25% of the debtor’s

disposable earnings, which under California law represents the nonexempt portion of

the debtor’s earnings, be withheld from the defendant’s earnings. 

2. Pursuant to 28 U.S.C. § 3205(c)(2)(E), you are required to answer this Writ

within 10 days after service of this Writ upon you. You must answer the Writ even if

you do not have in your custody, control, or possession any property of the debtor. 

Pursuant to 28 U.S.C. § 3205(c)(4), your answer must state, under oath, the following

information:

a. Whether or not you have in your custody, control, or possession, any

property owned by the debtor in which the debtor has a substantial

nonexempt interest, including nonexempt, disposable earnings; 

Writ of Continuing Garnishment cand C89-1705 M 2
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b. a description of such property and the value of such property; 

c. a description of any previous garnishments to which such property is

subject and the extent to which any remaining property is not exempt;

and 

d. the amount of the funds you anticipate owing to the debtor in the future

and whether the period for payment will be weekly or another specified

period.

For your convenience, a form which addresses the above-requested information is

attached and may be used to Answer the Writ.

3. After you complete the answer under oath, pursuant to 28 U.S.C. §

3205(c)(2)(E) & (c)(4), within ten (10) days after service of this Writ upon you, you

must mail or deliver the original Answer bearing the original signature of the person

preparing the answer to the Court at the following address:

Civil Clerk, United States District Court

450 Golden Gate Avenue, 16th Floor

San Francisco, CA 94102

At the same time that you mail or deliver the original answer to the Court, you must

also mail or deliver a copy of the original Answer to both the debtor and attorney for

the United States at the following respective addresses:

LESLIE P. WALKER aka LESLIE WALKER

101 Lakeview Avenue

San Francisco, CA 94112-3011

Michael Cosentino, Counsel for the United States

P.O. Box 129

Alameda, CA 94501

Please note that the attached form Answer contains a certificate of service which

needs to be completed by the person mailing the copies of the answer to the debtor

and the attorney for the United States, and which needs to be filed along with the

Answer.

IF YOU FAIL TO ANSWER THIS WRIT OR FAIL TO WITHHOLD PROPERTY

Writ of Continuing Garnishment cand C89-1705 M 3
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IN ACCORDANCE WITH THIS WRIT, THE UNITED STATES MAY PETITION THE

COURT FOR AN ORDER REQUIRING YOU TO APPEAR BEFORE THE COURT TO

ANSWER THE WRIT AND TO WITHHOLD PROPERTY IN ACCORDANCE WITH

THE WRIT BEFORE THE APPEARANCE DATE. IF YOU FAIL TO APPEAR OR DO

APPEAR AND FAIL TO SHOW GOOD CAUSE WHY YOU FAILED TO COMPLY

WITH THIS WRIT, THE COURT WILL ENTER A JUDGMENT AGAINST YOU FOR

THE VALUE OF THE DEBTOR’S NONEXEMPT INTEREST IN SUCH PROPERTY

(INCLUDING NONEXEMPT DISPOSABLE EARNINGS). THE COURT MAY ALSO

AWARD A REASONABLE ATTORNEY’S FEE TO THE UNITED STATES AND

AGAINST YOU IF THE WRIT IS NOT ANSWERED WITHIN THE TIME SPECIFIED

HEREIN AND IF THE UNITED STATES FILES A PETITION REQUIRING YOU TO

APPEAR.

SUSAN Y. SOONG, Clerk

United States District Court

for the Northern District of California

Dated: _____________ By: 

Deputy Clerk

Writ of Continuing Garnishment cand C89-1705 M 4

4/11/2017 Mark Romyn 
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DO NOT WITHHOLD THE EXEMPT PORTION OF THE EMPLOYEE'S EARNINGS

1. Earnings include any money (whether called wages, salary, commissions,

bonuses, or anything else) paid for personal services, pension, or retirement. 

Vacation or sick pay is earnings subject to withholding as it is received by the

employee.

2. Disposable earnings are different from gross pay or take-home pay. They

are the earnings left after deducting the part which state or federal law requires an

employer to withhold as mandatory deductions. Generally, these mandatory

deductions are federal income tax, social security (FICA) tax, state income tax, state

disability insurance, and payments to public employee retirement systems. 

Disposable earnings can change from pay period to pay period, whenever gross pay

or required deductions change.

To determine earnings that1 are eligible for withholding, and therefore must be

withheld, see the chart below.

USE THE CHART BELOW TO DETERMINE NONEXEMPT DISPOSABLE

EARNINGS AND THE APPLICABLE WITHHOLDING AMOUNT1

 :

Pay Period: Weekly or Every 2 Twice a Once a

oftener weeks month month

Disposable $ 0 to $ 0 to $ 0 to $ 0 to

earnings: $217.50 $435.00 $471.25 $942.50

Withhold: Nothing (entire earnings are exempt)

Disposable $217.51 to $435.01 to $471.26 to $942.51 to

earnings: $290.00 $580.00 $628.33 $1,256.67

Withhold: Amt. over Amt. over Amt. over Amt. over

$217.50 $435.00 $471.25 $942.50

Disposable $290.01 $580.01 $628.34 $1,256.68

earnings: or more or more or more or more

Withhold: 25% of disposable earnings (balance is exempt)

1

Based on the Federal Minimum Wage Earnings of $7.25 an hour, effective 07/24/2009 

Writ of Continuing Garnishment cand C89-1705 M 5
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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, )

) Case No. C89-1705 M

Plaintiff, )

)

v. )

)

LESLIE P. WALKER )

aka LESLIE WALKER, )

Defendant, )

)

and )

)

GARY D. NELSON ASSOCIATES, INC.,) ANSWER OF GARNISHEE

)

Garnishee. )

 ________________________________)

I, _______________________, being first duly sworn, hereby state the following:

1. I am the ____________________________ (Of ficial Title) of the Garnishee

named in the above caption. I am authorized to prepare this Answer on behalf of the

Garnishee. 

2. The Garnishee was served with the Writ of Continuing Garnishment on

____________________ (date) in this action. 

3. The Garnishee currently has custody, control, or possession of earnings of

the Defendant. Yes____ No____

4. The Garnishee expects to obtain custody, control, or possession of earnings
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of the Defendant in the foreseeable future. Yes____ No____

5. For the pay period in effect on the date of service of this Writ of Continuing

Garnishment, the Garnishee states as follows:

a. Defendant was in my/our employ. Yes____ No____

b. The Defendant’s pay period is ____ weekly, ____ bi-weekly,

____ semi-monthly, ____ monthly.

c. The Defendant’s present pay period began on _______________ (date).

(“Present” means the pay period in which the Writ of Continuing

Garnishment was served.)

d. The Defendant’s present pay period ends on ________________ (date).

e. The Defendant’s net wages are as calculated below:

(1) Gross Pay $______________

(2) Federal income tax $______________

(3) F.I.C.A. tax $______________

(4) State income tax $______________

(5) SDI $______________

 Total tax withholdings $______________

Net Wages $______________

(gross pay minus above withheld taxes)

6. Are there any other garnishments currently in effect? Yes ____ No ____

 If the answers is yes, describe below and attach to this Answer a copy of each

garnishment:

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

7. Will the Garnishee owe the Defendant money in the foreseeable future?

Yes ____ No____ If the answer is yes, provide the reason why such money will be

owed, the amount of money that will be owed, and the date or dates on which each

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payment will be due:

Type of Date Payment

Payment Amount Will be Due

1.________________________ _____________ _____________

2.________________________ _____________ _____________

3.________________________ _____________ _____________

8. Does the Garnishee currently have custody, control or possession of property

(other than earnings) such as bank accounts, pensions, thrift plans, etc., in which the

Defendant maintains an interest? Yes____ No____ If the answer is yes, then

provide the following information for each item of such property:

Description of Approximate Description of

Property Value Defendant’s Interest

1.________________________ _____________ _____________

2.________________________ _____________ _____________

3.________________________ _____________ _____________

4.________________________ _____________ _____________

9. Does the Garnishee expect to obtain in the foreseeable future custody,

control or possession of property (other than earnings) such as bank accounts,

pensions, thrift plans, etc., in which the Defendant maintains an interest? Yes____ 

No____ If the answer is yes, then provide the following information for each item of

such property:

Date Will

Description of Approximate Description of Obtain

Property Value Defendant’s Interest Property

1. 

2. 

3. 

4. 

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10. Does the Garnishee have any objections or defenses to the Writ of

Continuing Garnishment? Yes____ No____ If the answer is yes, list the nature

and basis of each objection and/or defense:

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

On behalf of GARY D. NELSON ASSOCIATES, INC., I hereby certify under

penalty of perjury under the laws of the United States of America that the foregoing is

true and correct.

Telephone #______________________

Fax # ______________________

Dated: ______________ By: _____________________________

(Sign above and type or print name below)

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CERTIFICATE OF SERVICE

I, ______________________________, declare: 

That I am a citizen of the United States and employed in the County of

__________________, California; that my business address is

__________________________________________________________; that I am

over the age of eighteen years; and that I am not a party to the above-entitled action; 

That on _________________ (date), I deposited in the United States m ail, in

envelopes bearing the requisite postage, a copy of:

ANSWER OF GARNISHEE

addressed to each of the following, at their last known addresses, at which place there

is service by United States mail.

LESLIE P. WALKER aka LESLIE WALKER

101 Lakeview Avenue

San Francisco, CA 94112-3011

Michael Cosentino

Counsel for the United States 

P.O. Box 129

Alameda, CA 94501

This Certificate was executed on _____________________ (date),

at ________________________ (city), California.

I certify under penalty of perjury that the foregoing is true and correct.

________________________________

(sign above and type or print name

below)