Legal Document: DISCOVER BANK vs SPENCER

On June 12, 2024 a DIS27784- AFF OF GARN was filed involving a dispute between Discover Bank, and Spencer, Jamil, for eFile Continuing Garnishment in the District Court of Gwinnett County.

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MAGISTRATE COURT OF GWINNETT COUNTY, GEORGIA
Date Filed Case No.

Plaintiff:
Discover Bank
Ayanna K. Abrams / Gabriel M. Medford / Daniel Lawrence Grimes / Cullan M. Demianczyk
BROCK & SCOTT, PLLC =:
Name
1315 WESTBROOK PLAZA DRIVE
Street
WINSTON-SALEM, NC 27103
GARNISHMENT
City State Zip Code
acolservi brockandscott.com
E-Mail Address AKA #466513 / GMM# 410423
(336) 354-1797 DLG# 142349 / CMD#433198
Phone Number Bar Number Garnishment Court Information:
ys.
JAMIL SPENCER, a/k/a JAMIL D SPENCER 75 Langley Drive
112 HIGHLAND PARK DR! Street Address.
MCDONOUGH GA 30252-2970 Lawrenceville, GA 30046
Defendant(s) Name, Address City, State, Zip Code

HUDDLE HOUSE INC. 710/822-8100
C/O CORPORATION SERVICE COMPANY. Phone Number
2 SUN COURT, SUITE 400 PEACHTREE CORNERS GA
30092 t
Garnishee Name, Address «!
i
** AFFIDAVIT OF CONTINUING GARNISHMENT.
DO NOT USE THIS FORM FOR A CONTINUING GARNISHMENT FOR CHILD SUPPORT OR
x
ALIMONY. SEE 0.C.G.A. § 18-4-73
Personally appear Swho on oath says: (Print Name)

lam the (Plaintiff) Attorney at Law for Plaii (Agent for Plaintiff). [Circle one]

The Plaintiff obtain ‘a judgment against the Defendant in Case Number 2021-6382CC, in the Magistrate, Court of
Henry, County,!Georgia and no agreement requires forbearance from garnishment which is applied for currently.

$3,586.62 is the balance due which consists of the sum of $3,045.24 Principal, $434.88 Postjudgment interest, and
$106.50 Other (é.g., prejudgment interest, attorney’s fees, costs [exclusive of the costs of this action]).

‘Upon the Affiant’s personal knowledge or belief, the sum stated herein is unpaid.

(2
The Affiant beliclieves that the Garnishee is an employer of or under periodic of ions or payment of funds to the

Cee 924
Defendant. x
This \a day of

Sworn to and subscribed before me Affiant

is d@ day of 202

Notary PublieyDepury lek 0 fFColt
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HE MAGI. ENRY. Y¥
STATE OF.GEORGIA

DISCOVER BANK, :
Plaintif, CIVIL-ACTION
a
v5.
Civil Action No, 202156885. 2
JAMIL SPENCER, AIKIA, JAMIL D SPENCER,
Defendant.
i ER FO!
CAME TO BE'HEARD, tie Plaintiff, upon its Motion for. Default Judgment, and it appearing to the Court that: ’
1 The Suimmons.and Complaint have been duly served upon the Defendant as-appears of record, and.the Court has acquired
personal jurisdiction over. the Defendant;

The'time within which the Deferidant was to Answer the Complaint has expired, and no. Answer to the Complaint has been fi led by
the Defendant, and the Defendant is therefore in:Default pursuant to O.C.G.A. §9-1 1:55;

More than fifteen-(1'5) days has elapsed since the Default of the Defendant, and the Default of ‘the Defendant has not been
reopened'as a matter of right or by Order of this Court;

This civil action is for liquidated damages upon-an account, as shown in the Exhibits to the Complaint.

IT-1S‘THEREFORE ORDERED, ADJUDGED, AND DECREED as follows

Judgment shall be entefed in favor of the Plaintiff, and ugainst the Defendant, JAMIL SPENCER, a//a JAMIL D SPENCER, as:
follows:
Principal Amount $3,045.24
Court Costs $106.50

Total Judgment $3,151.74
Together with post-j matt a at the si

SC ORDERED, This te OE say of

We fourt of Henry County

i:
Magis!
Presented 83 Judge: jing

A 2s
= imast as oreFICE
__AngonA. Adams, Bar: 143095 ‘ HERRY, COUNTY Ga

wt
stin M. Cook, Bar# 780798
‘¥' anna K. Abrams, Bar #: 466513
lan Bucy, Bar #: 747292
Donald J. Whittemore, Bar #: 183918
MeGisi TATE 6 At CLERK
Brock & Scott, PLLC EMT COUR,ga
1315 Westbrook Plaza Drive
Wiriston Salem, NC27103
Telephone: (336) 354-1797
Telefax: (336) 354-1588
gacolservice@brockandscott.com

Counsel for Plaintiff ADIS27784

du
_e
WRIT OF FIER! FACIAS
IN THE MAGISTRATE COURT OF HENRY COUNTY
STATE OF GEORGIA

CIVIL ACTION NUMBER: 2021-6382CC DISCOVER BANK
JUDGMENT DATE: 03/01/2022 Plaintiff,
vs
ABRAMS, AYANNA K. SPENCER, JAMIL D
1315 WESTBROOK PLAZA DR 412 HIGHLAND PARK DR
WINSTON-SALEM NC 27103-- MCDONOUGH GA 30252 '
'
Defendant
TELEPHONE & AREA CODE:
FIFA IN HANDS OF: To all and singular the sheriffs of the State and their deputies:
———. -— a
In the above styled case, and on the judgment date set
out, the plaintiff(s) named above recovered against the
oan defendant(s) named above, judgment in the following sums:
661 279 o Principal $3,045.24
Fil Recorded! (Eom ---— Interest - 317-731 cee ee
Apr- 22 O42 Atty Fees $0
DOCH: L2022~-006044 Court Costs $106.50
‘I
SABRIYA HILL Fifa $29.00
CLERK OF SUPERIOR CURT Henry County GA.
Total $3,198.47

NOTE: DEFAULT JUDGMENT
-
With future interest upon said principal amount from the date
of judgment at the legal rate. 6.25% 0.C.G.A, 7-4-12
Therefore, YOU ARE COMMANDED, that of the goods and
chattels, lands and tenements of said defendant(s), and
ESPECIALLY/ONLY of the following described property, to wit:

u You cause to be made the several sums set out in the
CANCELLATION foregoing recital of the judgment in this case and have the said
several sums of money before the Superigr /State Magistrate
The within and foregoing Fi Fa. having been paid in full the Clerk Court of this County at the next term of court, with this Writ to
of Superior Court is hereby;directed to cance! it of record this__ renderto said plaintiff(s) the principal, interest, attamey fees and
day of 20___. costs aforesaid.
# Witness the Honorable, MARTIN C. JONES Judge of Said
Signature:
7 Court, this 8th.day of April, 2022.
Title;
210
LEVY Clerk C] Clerk
STATE OF GEORGIA, HENRY COUNTY
[have this day executed the within Fi.Fa. by Levying upon and
seizing the follawing described property of defendant(s), lawful to-
wit:

Levied at

Georgia, this day of. » 20, I.
#

(Deputy Sheriff)

¥
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GE Hd EL ll 2202
I mW
ile ne
MAGISTRATE COURT OF GWINNETT COUNTY, GEORGIA

Date Filed Case No.
”
Plaintiff:
?i
Discover Bank
Ayanna K. Abrams / Gabriel M. Medford / Daniel Lawrence Grimes / Cullan M. Demianezyk
BROCK & SCOTT, PLLC
Name .
1315 WESTBROOK PLAZA DRIVE
Street
WINSTON-SALEM, NC
GARNISHMENT
27103
City State ; Zip Code

eacolservice@brockandscot! com
E-Mail Address AKA #466513 / GMMF
410423 DLG# 142349/
(336) 354-1797, EMD# 433198
Phone Number Bar Number Garnishment Court Information
x
vs. x
JAMIL SPENCER, a/k/a JAMIL D SPENCER 75 Langley Drive
112 HIGHLAND PARK DR. Street Address
MCDONOUGH GA 30252-2970 Lawrenceville, GA 30046
Defendant(s) Name, Address City, State, Zip Code
HUDDLE HOUSE INC. 770/822-8100
C/O CORPORATION SERVICE COMPANY Phone Number
2 SUN COURT, SUITE 400 PEACHTREE CORNERS GA
30092
Garnishee Name, Address

O F CONTINUING GARNISHMENT
TO THE ABOVE NAMED GARNISHEE:
Total amount claimed due by the Plaintiff $3,586.62
3,586.6;
Plus court costs due on this summons $0.00
Total garnishmenti¢laim ............. $3,586.62
3,586.6:

COURT OF JUDGEMENT Magistrate Court of Henry County
JUDGMENT CASE No! 2021-6382CC

YOU ARE HEREBY COMMANDED to immediately hold all money, including wages, and other property, except
what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant named above
beginning on the day of service of this summons and including the next 1,095 days. You are to file your answer, in
writing, not later than 45 days from the date you were served with this summons, with the Clerk of this Court and
serve a copy of your answér upon the Plaintiff or Plaintiff's Attorney named above and the Defendant named above,
or the Defendant’s Attomey, if known, at the time of making such answer. Your answer shall state what money,
including wages, or other property, except what is known to be exempt, belonging to the Defendant or obligations
owed to the Defendant you hold or owe beginning on the day of service of this summons and between the time of
such service and the time of making your first answer. Thereafter, you are required to file further answers no later
than 45 days after your last answer. Every further answer shall state what money, including wages, and other
property, except what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant you
hold or owe at and from the time of the last answer to the time of the current answer. YOU MUST FILE
ADDITIONAL ANSWERS UNTIL THE SOONER OF: THE PAYMENT OF THE BALANCE SHOWN ON THE
SUMMONS OF GARNISHMENT, THE EXPIRATION OF 1,095 DAYS, OR THE TERMINATION OF ANY
RELATIONSHIP BETWEEN 7
GARNISHEE AND DEFENDANT WHICH INCLUDES PERIODIC PAYMENT
OBLIGATIONS FROM G. iARNISHEE TO DEFENDANT. Money, including wages, or other property admitted in an
answer to be subject to coptianing garnishment must be sent or delivered to the Court concurrently with each answer.

ee
i
*
as
YOU ARE HEREBY COMMANDED FURTHER COMMANDED Should you fail to file Garnishee Answers
against you for the amount remaining due on a
required by this summons, “a judgment by default will be rendered
judgment as shown in the Plaintiff's Affidavit of Continuing Garnishment.
S
‘
WITNESS, the HONORABLE Judge of said Court,
a
This day of 20
Clerk of Court

By: Deputy Clerk

efDIS27784

a
MAGISTRATE COURT OF GWI ‘IT COUNTY, GEORGIA
Date Filed 6 Case No.
©
Discover Bank
C/O BROCK & SCOTT, PLLC
1315 WESTBROOK PLAZA DRIVE

WINSTON-SALEM, NC 27103
Plaintiff(s) Name, Address,
vs.

JAMIL SPENCER, a/k/a JAMIL D SPENCER. GARNISHMENT
112 HIGHLAND PARK DR
MCDONOUGH GA 30252-2970
Defendant(s) Name, Address

HUDDLE HOUSE INC.

C/O CORPORATION SERVICE COMPANY

2 SUN COURT, SUITE 409 PEACHTREE CORNERS GA
30092
Garnishee Name, Address_- —
GARNISHEE ANSWER OF HUDDLE HOUSE INC. T 0 CONT TINUING GARNISHMENT
1, From the time of servite of the Summons of Continuing Garnishment, if this is the first Garnishee
Answer to such summons, otherwise from the time of the last Gamishee Answer to the Summons of
Continuing Garnishmentiuntil the time of this Gamishee Answer, the Garnishee had in the Garnishee's
possession the following’ ‘described property of the Defendant:

£
\
2. From the time of service of the Summons of Continuing Garnishment, if this is the first Garnishee
Answer to such summons, otherwise from the time of the last Gamishee Answer to the Summons of
Continuing Garnishment until the time of this Garnishee Answer, all obligations accruing from the
Garnishee to the Defendint are in the amount of $
3.$ of theamount named in paragraph 2 were wages earned at the rate of $ per
for the perio ginning > )(Date), through the time of making this
Garnishee Answer. The amount of wages which is wae ‘. this garnishment is computed as follows:
$ r
Gross earnings
$ Total social security and withholding tax and other mandatory
deductions required by law.
$ Total disposable earnings.
$ Amount of wages subject to garnishment.
4.§ is th ount herewith paid into court.
5. O Check if the Defendant isi not presently employed by or owed periodic payments by the Garnishee.
6. O Check if the Defendant was employed by or owed periodic payments by the Garnishee on or after
service of the Summons’ of Continuing Garnishment but was terminated as of
20.
7. G Check if this is the last Garnishee Answer this Garnishee is required to file to the presently pending
Summons of Garnishment in the above-styled case.
8. The Garnishee furthef‘states:

u
oh

i Garnishee, Garnishee's Attorney or
Officer or Employee of an entity
Garnishee

3 CERTIFICATE OF SERVICE
This is to certify that I have this day served the Plaintiff or Plaintiff's Attorney and the Defendant or
Defendant's Attorney in the foregoing matter with a copy of this pleading by depositing it in the United
States Mail ina properly ‘addressed envelope with adequate postage thereon.
This day of. , 20
é
3
Garnishee, Garnishee's Attorney or
Officer or Employee of an entity
Garnishee
c/DIS27784

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Kerns’
Se

Ht GEORGIA GARNISHMENT EXEMPTIONS
aTien
RETIREMENT:
@ 2. U.S.C.§ 407: Social security retirement benefits, social security disability insurance
benefits, supplemental security income benefits, or social security survivor benefits;

@ 29. U.S.C, §1002(2)(A) and O.C.G.A. §18-4-22: Funds or benefits from a pensionor
retirement program as defined or funds or benefits from an individual retirement account as
defined in Section 408 or 408A of the United States Internal Revenue Code of 1986;

@) O.C.G.A, §47-2-332: State pension- state or local government employees under the
Employees Retirement System of Georgia;

@ 2 C.G.A. §47-3-28: State pension - Teachers Retirement System of Georgia;

(5) ‘©.C.G.A, $47-4-120; State pension - public school employees;

©) C.G.A. §47-5-71: State pension - municipal employees under the Georgia Municipal
Employees Benefit System;

@ 0. C.G.A. §47-6-100: State pension - members of the Georgia Legislative Retirement System,

(8) a C.G.A. §47-7-122: State pension - Georgia Firefighters’ Pension Fund;

(9) ©.C.G.A. §47-11-91; State pension - Judges of the Probate Courts Retirement Fund of
poorela:

(10) f O.C. G.A. §47-12-101: State pension - District Attorneys Retirement Fund of Georgia;

an % C.G.A, §47-14-91: State pension - Superior Court Clerks’ Retirement Fund of Georgia;

(12) O.C. G.A. §47-16-122: State pension - Sheriffs’ Retirement Fund of Georgia as provided in
Code Section 47-16-122;

(13) § C.G.A. §47-17-103: State pension - Peace Officers’ Annuity and Benefit Fund;

(14) C.G.A. §47-20-10.1; State pension - Other post-employment benefits;

(15) C.G.A. §47-23-121: State pension - Georgia Judicial Retirement System;

(16) C.G.A, 847-25-101: State pension - Magistrates Retirement Fund of Georgia.
MILITARY 4
(1) ps U.S.C, §5301; Veterans benefits, including military pensions, retirement pay, and disability
‘Payments;

@) “JO U.S.C. §1450: Veterans survivor annuities;

8) 8 U.S.C. 87297: Veterans Appeals Court Survivor Annuities;

@) C.G.A. §16-17-9: Wages earned by members of the Unites States military or their spouses in
connection with payday lenders.
WORKERS COMPENSATION:
(1) U.S.C. §8130. 0. A, §34-9-84 and 34-9-382: Workers’ compensation benefits
GOVERNMENT BENEFITS:
(y C.G.A. §34-8-252: Unemployment benefits;
@ io US.C. §407: Social security retirement benefits, social security disability insurance
benefits supplemental security income benefits, or social security survivor benefits;

@) c .C.G.A, §49-4-147: Medicaid payments;

@) DCGA. §5494-35: Old-age assistance;

6) O.C.G.A §49-4-58: Aid to the blind;
© ‘ .C.G.A. §49-4-84: Aid to the disabled;

M 44, F.F.R, §206.110(g): Federal Emergency Management Agency disaster assistance to
individuals and households;
CERTAIN FINANCIAL ACCOUNTS
a) é .C.G.A, §7-1-812: Joint account holders, depending on the circumstances of such account;

Q) 8 U.S.C. §8437(e)(2); Federal Employee Thrift Savings Plan;

3) OCGA. §9-8-12: Money held by a receiver appointed by the court;

@) occ A. §32-2-76: Certain escrow accounts held by the Department of Transportation;

6) ocaa. §43-40-20: Real estate brokerage escrow accounts.
FAMILY SUPPORT
qa Ghild support payments See Stewart v. Stewart, 160 Ga. App. 463 (1981); Richards v.
Richards, 281 Ga, 285, 286 (2006).
INSURANCE & ANNUITIES:
@ OCGA. §33-29-15: Accident, sickness, or disability insurance benefits, up to $250.00 a
month during such disability;

Q occa, 33-25-1 1: Cash value and benefits payable to a life insurance policy beneficiary; >

@) =
6 O.S.C, 87448: Federal Judges Survivor Annuities;

@) 3 U.S.C.§ 8346: Federal Civil Service Survivor Annuities;

G) oc G.A, §34-7-4: Wages due to a deceased employee of the state, up to $2,500.00;

m OCGA. §33-37-56: An insurer’s liquidation proceeding.
&£
RAILROAD:
@ i 5 U.S.C. §231m: Railroad retirement, annuities, and disability benefits;

@) ‘45 U.S.C. $1717; Railroad unemployment and sickness benefits.
MISCELLANEOUS:
qa) 2 C.G.A. §17-15-8: Crime victim compensation funds;

Q) c .C.G.A, §33-15-62;: Benefits, charity, relief, or aid from fraternal benefit societies;

@) bo U.S.C. §1095a: Federal student loans, grants, and work assistance;

@) 3 U.S.C, § 916: Longshore and Harbor Workers’ Compensation Act benefits;

@) 146 U.S.C. §11109: Merchant seamen wages and benefits;

6) 42 U.S.C. §1717; Compensation for injury or death of United States contractor outside of the
‘United States as provided in;
G
” OCGA. §46-3-261: Property of members of electric membership corporations for the debt of
‘an electric membership corporation.
ISTRATE COURT OF GWINNETT COUNTY, GEORGIA
Date Filed Case No.

Plaintiff
Discover Bank
Plaintiff's Contact Information
Ayanna K. Abrams / G: apriel M. Medford / Daniel Lawrence Grimes /
Cullan M. Demianczyk {
BROCK & SCOTT, PLLC
Name
1315 WESTBROOK. PiLAZA DRIVE
Street
WINSTON-SALEM, NC 27103
City State Zip Code
gacolservice@brockandscott.com
E-Mail Address a GARNISHMENT
336-354-1797 4
Phone Number
AKA #466513/ GMM #410423/ DLG #142349 / CMD #433198
y Bar Number
my
vs.
JAMIL SPENCER, a/k/a JAMIL D SPENCER.
112 HIGHLAND P. DR
MCDONOUGH GA 30252-2970
Defendant(s) Name, Address

HUDDLE HOUSE ING
C/Q CORPORATION SERVICE COMPANY

2 SUN COURT, SUITE 400 PEACHTREE CORNERS GA 30092
Garnishee Name, Address
NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT OF MONEY,
INCLUDING WAGES AND OTHER PROPERTY
You received this notice because money, including wages, and other property belonging to you have been garnished
to pay a court, judgment against you. HOWEVER, YOU MAY BE ABLE TO KEEP YOUR MONEY, INCLUDING
WAGES, OR OTHE: PROPERTY. READ THIS NOTICE CAREFULLY.

State and federal law piotects some money, including wages, from garnishment even if it is in a bank. Some common
exemptions are benefits from social security, supplemental security income, unemployment, workers’ compensation,
the Veterans! Administration, state pension, retirement funds, and disability income. This list of exemptions does
not include all possible exemptions. A more cetaiied list of exemptions is available at the Clerk of Court's office
located Magistrate Colirt of Gwinnett County, 75 Langley Drive, Lawrenceville, GA 30046 , and on the website for
the Attomey General (pom law.a.gov).
Garnishment of your earnings from your employment is limited to the lesser of 25 percent of your disposable
earnings for a week ofthe amount by which your disposable earnings for a week exceed $217.50. More than 25
percent of your dispogable earnings may be taken from your earnings for the payment of child support or alimony
or if a Chapter 13 bankruptey allows a higher amount.

{
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TO PROTECT YOUR MONEY, INCLUDING WAGES, AND OTHER PROPERTY FROM
BEING GARNISHED, YOU MUST:
1, Complete the Defendant's Claim Form as set forth below; and
2. File this completed claim form with the Clerk of Court’s office located at Magistrate Court of
Gwinnett County B angley Drive, Lawrenceville, GA 30046.

FILE YOUR COMPLETED CLAIM FORM AS SOON AS POSSIBLE. You may lose your right to claim an
exemption if you do not file your claim form within 20 days after the Garnishee's Answer is filed or if you do not
mail or deliver a copy of ‘your com pleted claim form to the Plaintiff and the Garnishee at the addresses listed on this
notice. %
The Court will schedule a hearing within ten days from when it receives your claim form. The Court will mail you
the time and date of thé hearing at the address that you provide on your claim form. You may go to the hearing with
or without an attorne| ‘ou will need to give the Court documents or other proof that your money is exempt.
The Clerk of court cannot give you legal advice. IF YOU NEED LEGAL ASSISTANCE, YOU SHOULD SEE AN
ATTORNEY. If you ggnnot afford a private attorney, legal services may be available.
3
efDIS27784

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3
DEFENDANT’S CLAIM FORM
Case No.

I CLAIM EXEMPTION from garnishment. Some of my money or property held by the garnishee is
exempt because it is: (check all that apply)
1. Social security benefits.
2. Supplemental security income benefits
3. Unemployment benefits.
4, Workers' compensation.
5, Veterans’ benefits.
6, State pension benefits.
7. Disability income benefits.
8. Money that belongs to a joint account holder.
9. Child support or alimony.
10. Exempt wages, retirement, or pension benefits.
11. Exemptions for taxes due on income or earnings not subject to employer withholding.
12 Other exemptions as provided by law.
Explain:
a

I further state: (check @all that apply)
Qo 1. The Plaintiff does not have a judgment against me.
O 2, The amount shown due on the Plaintiffs Affidavit of Garnishment is incorrect.
O 3, The Plaintiffs Affidavit of Garnishment is untrue or legally insufficient.
Send the notice of the ‘hearing on my claim to me at:
Address: 2
aa
Phone Number:
Email Address: i

The statements made in this claim form are true to the best of my knowledge and belief.

a 20
Defendant’s signature: Date

iyH
Print name of Defendant
a ERTIFICATE OF SERVIC

This is to certify that L have this day served the Plaintiff or Plaintiffs Attorney and the Garnishee in the foregoing
matter with a copy of this pleading by depositing it in the United States Mail in a properly addressed envelope
with adequate postagé;thereon
4
es Defendant or Defendant’s Attorney

c/DIS27784

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