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  • CS-2012-00420 document preview
  • CS-2012-00420 document preview
						
                                

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12-21259-0 G5 008 IN THE DISTRICT COURT OF LE FLORE COUNTY STATE OF OKLAHOMA MIDLAND FUNDING LLC, Plaintiff, vs. Case No. CS-2012-420 MARK GILL, SS# XXXXX0870 Defendant, CONTINUING WAGE GARNISHMENT POST-JUDGMENT and Ametek, Inc Attn Payroll 1100 Cassatt Rd Berwyn, PA 19312 Garnishee. CONTINUING POST-JUDGMENT EARNINGS GARNISHM1 SUMMONS THE STATE OF OKLAHOMA, to said Garnishee: You are hereby summoned as garnishee of the following named Judgment Debtor: Mark Gill XXXXX0870 Please see next page, "NOTICE TO EMPLOYER" to assist you in identifying the Judgment Debtor. You are required, within seven (7) days after the end of judgment debtor's present pay period or, if the judgment debtor does not have regular pay periods, after any payment to the judgment debtor or thirty (30) days from the date of service of this summons upon you, whichever is earlier, to answer according to law whether you are the employer of, or indebted to or under any liability to, the judgment debtor, and to withhold the required amount from the judgment debtor's earnings for the earnings periods for which this summons is effective during the period this summons is effective, and pay therequired amount to the attorney for judgment creditor, unless otherwise ordered by the Court. At the time you file your answer with the Clerk of this Court, you must deliver or mail a copy of your answer to thejudgment creditor's attomey, and to the judgment debtor unless the. judgment debtor is otherwise given actual written notice, which may consist of a notation on judgment debtor's statement of earnings. You are directed to withhold the amount calculated on the answer form or the present judgment balance, whichever is less, and to pay the same to the judgment creditor's attorney, at the time you file your answer. For gamishment purposes "earnings" means any form of payment to an individual including, but not limited to, salary, commission, or other compensation, but does not include reimbursement for travel expenses for state employees. If the garnishee is indebted to, or holds earnings belonging to the judgment debtor, the garnishee immediately shall mail by first class mail a copy of the notice of garnishment and exemptions and the application for hearing to the judgment debtor at the last known address of the judgment debtor shown. on the records of the garnishee at the time the gamishment summons was served on garnishee. Ifmore than one address is shown on the records of the garnishee at the time of service of the summons, the garnishee shall discharge his duty by mailing to any one of the addresses shown on its records. In lieu of mailing, the garnishee may hand deliver a copy of the notice of garnishment and exemptions and the application for hearing to the judgment debtor. You are hereby directed to pay with your answer the amounts required by law and in case of your failure to do so, you will be liable to further proceedings according to law, and judgment shall be rendered against you in the amount of the judgment rendered against the judgment debtor which has a present value of ****$2,781.87**** , together with costs in the principal action and costs of the garnishment proceedings. Because this is a continuing garnishment, garnishee will withhold and continue to withhold and pay to the judgment creditor's attorney, the amounts calculated on the answer form from judgment debtor's earnings as they accrue until one of the following first occurs: (1) the total earnings withheld equals the total balance due on the judgment, (2) the employment relationship is terminated, (3) the judgment is vacated, modified or satisfied in full, (4) the gamishment summons is dismissed, or (5) 180 days have elapsed from the date of service of the garnishment summons. The garnishment summons shall continue in effect and shall apply to a pay period beginning before the end of the 180 days period even if the conclusion of the pay period extends beyond the 180 day period. This summons may also be suspended or modified for a specific period of time within the effective period of the garnishment by agreement of the parties in writing and filed with the Clerk of the Court. If the judgment debtor is already subject to a garnishment, this summons shall take effect immediately upon the conclusion of the prior garnishment and shall be effective for its full period of time. Garnishee shall answer once to disclose the prior garnishment and shall not be required to answer again until this garnishment becomes effective. Issued this I day of. ¢, and shall be returned with proof of service within five (5) days of this date, except when issued to another county it shall be return ‘ith proof of service within ten (10) days. Court Clerk LOVE, BEAL & NIXON, P.C. Attorneys for Plaintiff/Judgment Creditor P.O. Box 32738 Oklahoma City, OK 73123 Telephone: 405-720-0466 Fax: 405-773-2602 Page 2 of 8