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Filing # 21111428 Electronically Filed 12/02/2014 10:09:23 AM
IN THE CIRCUIT COURT OF THE 13th JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
PMI MORTGAGE INSURANCE CO.
as subrogee of Wells Fargo Bank, N.A.
assignee of Morigage Electronic
Systems, Inc. as nominee for American
Home Mortgage,
Case No. 13-CA-014797
Plaintiff,
vs.
JOSE D. JAQUEZ,
Defendant.
And
PUBLIX SUPER MARKETS, INC.
Garnishee.
NOTICE OF FILING GARNISHMENT AND TENDER OF ANSWER
TO: Jose D. Jaquez
4954 Stee! Dust Lane
Lutz, FL 33659
The Plaintiff, by undersigned counsel, advises that a Continuing Writ of
Garnishment was served on the Garnishee. Attached is a copy of the Writ of
Garnishment and Garnishee's Answer.
You are hereby advised that you must file and serve upon the Plaintiff's attorney
a Motion to Dissolve Writ of Garnishment within twenty (20) days from the date of this
notice or be defaulted.
12/02/2014 10:09 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1| HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by e-mail to the above addressee on December 2, 2014.
/S/ Walter L. Sanders, Esa.
WALTER L. SANDERS, ESQ.
FLA BAR NO. 0288690
WALTER L. SANDERS, P.A.
6936 W. Linebaugh Avenue, Suite 101
Tampa, FL 33625
(813) 908-4183
(813) 388-4912 FAX
Attorney for Plaintiff
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
12/02/2014 10:09 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2Filing # 21101404 Electronically Filed 12/01/2014 06:09:51 PM
in the Circuit Court of the 13th Judicial Circuit in and for
Hillsborough County, Florida
Case No: 13-CA-014797
PMI Mortgage insurance CO
as subrogee of Wells Fargo Bank, N.A.
Assignee of Mortgage Electronic
Systems, Inc. as nominee for American
Home Mortgage,
Plaintiff,
vs.
dose D, Jaquez,
Defendant(s),
and
Publix Super Markets, inc.,
Garnishee.
}
ANSWER OF GARNISHEE PUBLIX SUPER MARKETS, INC. TO CONTINUING
WRIT OF GARNISHMENT
Garnishee Publix Super Markets, Inc., ("Publix") for its Answer to the Continuing Writ Of Gamishment
served upon it November 11, 2014 at 10:05 AM in Lakeland, Florida states as follows regarding the wages
or gross earnings of Defendant Jose D. Jaquez,.
1. Publix at the time of service of the Continuing Writ of Garnishment was indebted to Defendant for
salary or wages earned. Publix does not have in its possession, custody or control any goods, moneys
chattel, or effects of Defendant other than the wages noted below. At the time of service of the
Continuing Writ of Garnishment, the time of this Answer, or at any time between such periods, Publix
does not know of any other person indebted to Defendant or who may have any of the effects of the
Defendant in its possession or control.
2. Since being served, Publix has delivered to the Defendant only that portion of the Defendant’s earnings
authorized according to the Court's instructions. Defendant is currently employed by Publix.
3. The pay period for Defendant is weekly.
4, This answer covers earnings for the pay period beginning on November 15, 2014, and ending on
November 21, 2014, including salary or wages in our possession at the time of this answer. Prior to the
pay period, Publix was not indebted to the Defendant for salary or wages.
5. Garnishee is deducting a $5.00 employer handling fee for first withholding and $2.00 employer handling
fee for subsequent withholdings.
6. Computation of withholding amount:
(a) Total gross earnings due for the above pay period: $702.37
(b) Amounts required by law to be withheld for the above pay period:
P12
12/02/2014 10:09 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 31, Social Security and Medicare Tax: $50.70
2. Federal Income Tax: $47.06
{c) Disposable earnings for the above pay period available for garnishment (b)-(a)}:_ $604.61
7. In accordance with the Court's instructions and the Federal Consumer Credit Protection Act, Publix
has determined the following amount was to be withheld from the Defendant's wages for this pay
period: $151.15
8. So long as Defendant is owed wages or salary, Publix will continue to garnish or withhold such other
sums as required by the Court's instructions and consistent with the Consumer Credit Protection Act
until further notice of this Court or until such time as Defendant's employment with Garnishee is
terminated
CERTIFICATE OF MAILING
| certify that a copy hereof has been furnished to Walter L. Sanders, ESQ.,
walter@wscollectioniaw.com, by e-mail on December 1, 2014.
/s/ Ali Wright
Ali Wright, Esq.
Publix Super Markets, inc.
P.O. Box 32024
Lakeland, Florida 33802
Phone: 863-688-1188 (ext. 32648)
Secondary Phone: 8863-688-7407 (ext. 22311}
Fax: 863-284-5508
Primary email: ali.wright@publix.com
Secondary email: Exchgen0S66@publix.com
Florida Bar No, 14082
Attorney For Publix Super Markets, ine.
Case No. 13-CA-014797 P 2/2
12/02/2014 10:09 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4IN THE CIRCUIT COURT OF THE 13th JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
PMI MORTGAGE INSURANCE CO.
as subrogee of Wells Fargo Bank, N.A.
assignee of Mortgage Electronic
Systems, Inc. as nominee for American
Home Mortgage,
Case No. 13-CA-014797
Plaintiff,
vs.
JOSE D. JAQUEZ,
Defendant.
And
PUBLIX SUPER MARKETS, INC.
Garnishee.
/
CONTINUING WRIT OF GARNISHMENT
STATE OF FLORIDA
TO ALL AND SINGULAR THE SHERIFFS OF THE STATE
YOU ARE COMMANDED to summon Gamishee:
PUBLIX SUPER MARKETS, INC.
clo John A. Attaway, Jr., R.A.
3300 PUBLIX CORPORATE PKWY
LAKELAND, FL 33811-3341
by serving its registered agent or authorized representative, who is required to file an
original written answer with the Clerk of the Court and to serve a copy of that answer on
the Plaintiff's attorney:
WALTER L. SANDERS, ESQ.
6936 W. Linebaugh Avenue, Ste. 104
Tampa, FL 33625
813-908-4183
12/02/2014 10:09 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 5within twenty (20) days after service of this Writ, not counting the date of service on the
Garnishee, stating whether the Garnishee is the employer of the Defendant, JOSE D.
JAQUEZ (SSN: XXX-XX-1516), and whether the Garnishee is indebted to the
Defendant by reason of salary or wages.
The Garnishee's answer shall specify the periods of payment (for example:
weekly, bi-weekly or monthly) of salary or wages and be based on the Defendant's
earings for the pay period during which this Writ is served on the Garnishee.
During each pay period, a portion of the Defendant's salary or wages as it
becomes due shail be held and not disposed of or transferred until further order of this
Court. The amount of salary or wages to be withheld for each pay period shail be made
in accordance with the terms of the paragraph below. This Writ shall continue until the
Plaintiff's judgment is paid in full or until otherwise provided by Court Order.
Federal law prohibits this Court from enforcing any garnishment process that
requires the withholding of more than 25% of any individual defendant's net disposable
earnings (the part of earnings remaining after the deduction of any amounts required by
law to be deducted) for any pay period or more than the amount by which the
individual's net disposable earnings for the pay period exceed 30 times the Federal
minimum hourly wages, whichever is less.
For administrative costs, the Garnishee shall collect $5.00 against the salary or
wages of the Defendant for the first deduction and $2.00 for each deduction thereafter,
The amount set in the Plaintiff's Motion is $25,373.60, that shall bear
interest at the prevailing statutory interest rate in accordance with Florida Statute
55.03, from September 19, 2014 for all of which let Execution issue.
FAILURE TO FILE AN ANSWER WITHIN THE TIME REQUIRED MAY RESULT
IN THE ENTRY OF A JUDGMENT AGAINST THE GARNISHEE FOR THE ABOVE
TOTAL AMOUNT OF $25,373.60, PLUS INTEREST FROM THE DATE OF THIS
WRIT,
ORDERED at Hillsborough County, Florida on , 2014,
Circuit Judge
12/02/2014 10:09 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 6
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Filing # 21111428 Electronically Filed 12/02/2014 10:09:23 AM IN THE CIRCUIT COURT OF THE 13th JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA PMI MORTGAGE INSURANCE CO. as subrogee of Wells Fargo Bank, N.A. assignee of Morigage Electronic Systems, Inc. as nominee for American Home Mortgage, Case No. 13-CA-014797 Plaintiff, vs. JOSE D. JAQUEZ, Defendant. And PUBLIX SUPER MARKETS, INC. Garnishee. NOTICE OF FILING GARNISHMENT AND TENDER OF ANSWER TO: Jose D. Jaquez 4954 Stee! Dust Lane Lutz, FL 33659 The Plaintiff, by undersigned counsel, advises that a Continuing Writ of Garnishment was served on the Garnishee. Attached is a copy of the Writ of Garnishment and Garnishee's Answer. You are hereby advised that you must file and serve upon the Plaintiff's attorney a Motion to Dissolve Writ of Garnishment within twenty (20) days from the date of this notice or be defaulted. 12/02/2014 10:09 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1| HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by e-mail to the above addressee on December 2, 2014. /S/ Walter L. Sanders, Esa. WALTER L. SANDERS, ESQ. FLA BAR NO. 0288690 WALTER L. SANDERS, P.A. 6936 W. Linebaugh Avenue, Suite 101 Tampa, FL 33625 (813) 908-4183 (813) 388-4912 FAX Attorney for Plaintiff THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 12/02/2014 10:09 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2Filing # 21101404 Electronically Filed 12/01/2014 06:09:51 PM in the Circuit Court of the 13th Judicial Circuit in and for Hillsborough County, Florida Case No: 13-CA-014797 PMI Mortgage insurance CO as subrogee of Wells Fargo Bank, N.A. Assignee of Mortgage Electronic Systems, Inc. as nominee for American Home Mortgage, Plaintiff, vs. dose D, Jaquez, Defendant(s), and Publix Super Markets, inc., Garnishee. } ANSWER OF GARNISHEE PUBLIX SUPER MARKETS, INC. TO CONTINUING WRIT OF GARNISHMENT Garnishee Publix Super Markets, Inc., ("Publix") for its Answer to the Continuing Writ Of Gamishment served upon it November 11, 2014 at 10:05 AM in Lakeland, Florida states as follows regarding the wages or gross earnings of Defendant Jose D. Jaquez,. 1. Publix at the time of service of the Continuing Writ of Garnishment was indebted to Defendant for salary or wages earned. Publix does not have in its possession, custody or control any goods, moneys chattel, or effects of Defendant other than the wages noted below. At the time of service of the Continuing Writ of Garnishment, the time of this Answer, or at any time between such periods, Publix does not know of any other person indebted to Defendant or who may have any of the effects of the Defendant in its possession or control. 2. Since being served, Publix has delivered to the Defendant only that portion of the Defendant’s earnings authorized according to the Court's instructions. Defendant is currently employed by Publix. 3. The pay period for Defendant is weekly. 4, This answer covers earnings for the pay period beginning on November 15, 2014, and ending on November 21, 2014, including salary or wages in our possession at the time of this answer. Prior to the pay period, Publix was not indebted to the Defendant for salary or wages. 5. Garnishee is deducting a $5.00 employer handling fee for first withholding and $2.00 employer handling fee for subsequent withholdings. 6. Computation of withholding amount: (a) Total gross earnings due for the above pay period: $702.37 (b) Amounts required by law to be withheld for the above pay period: P12 12/02/2014 10:09 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 31, Social Security and Medicare Tax: $50.70 2. Federal Income Tax: $47.06 {c) Disposable earnings for the above pay period available for garnishment (b)-(a)}:_ $604.61 7. In accordance with the Court's instructions and the Federal Consumer Credit Protection Act, Publix has determined the following amount was to be withheld from the Defendant's wages for this pay period: $151.15 8. So long as Defendant is owed wages or salary, Publix will continue to garnish or withhold such other sums as required by the Court's instructions and consistent with the Consumer Credit Protection Act until further notice of this Court or until such time as Defendant's employment with Garnishee is terminated CERTIFICATE OF MAILING | certify that a copy hereof has been furnished to Walter L. Sanders, ESQ., walter@wscollectioniaw.com, by e-mail on December 1, 2014. /s/ Ali Wright Ali Wright, Esq. Publix Super Markets, inc. P.O. Box 32024 Lakeland, Florida 33802 Phone: 863-688-1188 (ext. 32648) Secondary Phone: 8863-688-7407 (ext. 22311} Fax: 863-284-5508 Primary email: ali.wright@publix.com Secondary email: Exchgen0S66@publix.com Florida Bar No, 14082 Attorney For Publix Super Markets, ine. Case No. 13-CA-014797 P 2/2 12/02/2014 10:09 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4IN THE CIRCUIT COURT OF THE 13th JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA PMI MORTGAGE INSURANCE CO. as subrogee of Wells Fargo Bank, N.A. assignee of Mortgage Electronic Systems, Inc. as nominee for American Home Mortgage, Case No. 13-CA-014797 Plaintiff, vs. JOSE D. JAQUEZ, Defendant. And PUBLIX SUPER MARKETS, INC. Garnishee. / CONTINUING WRIT OF GARNISHMENT STATE OF FLORIDA TO ALL AND SINGULAR THE SHERIFFS OF THE STATE YOU ARE COMMANDED to summon Gamishee: PUBLIX SUPER MARKETS, INC. clo John A. Attaway, Jr., R.A. 3300 PUBLIX CORPORATE PKWY LAKELAND, FL 33811-3341 by serving its registered agent or authorized representative, who is required to file an original written answer with the Clerk of the Court and to serve a copy of that answer on the Plaintiff's attorney: WALTER L. SANDERS, ESQ. 6936 W. Linebaugh Avenue, Ste. 104 Tampa, FL 33625 813-908-4183 12/02/2014 10:09 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 5within twenty (20) days after service of this Writ, not counting the date of service on the Garnishee, stating whether the Garnishee is the employer of the Defendant, JOSE D. JAQUEZ (SSN: XXX-XX-1516), and whether the Garnishee is indebted to the Defendant by reason of salary or wages. The Garnishee's answer shall specify the periods of payment (for example: weekly, bi-weekly or monthly) of salary or wages and be based on the Defendant's earings for the pay period during which this Writ is served on the Garnishee. During each pay period, a portion of the Defendant's salary or wages as it becomes due shail be held and not disposed of or transferred until further order of this Court. The amount of salary or wages to be withheld for each pay period shail be made in accordance with the terms of the paragraph below. This Writ shall continue until the Plaintiff's judgment is paid in full or until otherwise provided by Court Order. Federal law prohibits this Court from enforcing any garnishment process that requires the withholding of more than 25% of any individual defendant's net disposable earnings (the part of earnings remaining after the deduction of any amounts required by law to be deducted) for any pay period or more than the amount by which the individual's net disposable earnings for the pay period exceed 30 times the Federal minimum hourly wages, whichever is less. For administrative costs, the Garnishee shall collect $5.00 against the salary or wages of the Defendant for the first deduction and $2.00 for each deduction thereafter, The amount set in the Plaintiff's Motion is $25,373.60, that shall bear interest at the prevailing statutory interest rate in accordance with Florida Statute 55.03, from September 19, 2014 for all of which let Execution issue. FAILURE TO FILE AN ANSWER WITHIN THE TIME REQUIRED MAY RESULT IN THE ENTRY OF A JUDGMENT AGAINST THE GARNISHEE FOR THE ABOVE TOTAL AMOUNT OF $25,373.60, PLUS INTEREST FROM THE DATE OF THIS WRIT, ORDERED at Hillsborough County, Florida on , 2014, Circuit Judge 12/02/2014 10:09 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 6