Preview
Filing # 89880134 E-Filed 05/21/2019 02:41:17 PM
IN THE COUNTY COURT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: CONO-15-009530
DISCOVER BANK,
Plaintiff,
Vv.
MIREILLE JEROME,
Defendant,
Vv.
WELLS FARGO BANK, N.A.,
Garnishee.
/
ANSWER OF GARNISHEE
AND
DEMAND FOR GARNISHMENT FEE
COMES NOW Gamishee, Wells Fargo Bank, N.A., successor in interest to Wachovia
Bank, N.A., by and through its undersigned attorneys, and answers the Writ of Garnishment
served herein on it and says:
1. At the time of service of said Writ (plus sufficient time not to exceed one business
day for Garnishee to act expeditiously on the Writ) and at the time of this Answer, and in
between said times, excluding any “protected amount” as defined in Title 31, Subtitle B, Chapter
II, Subchapter A, Part 212, Code of Federal Regulations, if any, the Garnishee may be indebted
to Defendant(s), “Mireille Jerome” in the amount of $3,522.62 by virtue of an account(s) in the
name of “Mireille Jerome”, at the following address(es):
1301 NE 191st St Apt 210
North Miami Beach, FL 33179-4023
and Garnishee in good faith has retained the sum of $3,522.62 in accordance with Chapter 77,
and primarily Section 77.06(2) and (3), /Jorida Statutes.
48229119
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/21/2019 02:41:17 PM.****2. Under Garnishee’s Account Agreement with Garnishee’s customer, Garnishee has
a contractual right of setoff and a security interest in its customer’s accounts for Legal Process,
including garnishments, and it hereby claims this right as an Affirmative Defense. Specifically,
among its other rights, Garnishee is authorized to charge against its customer’s account a Legal
Process Fee in the amount of $125.00. See Baxter Healthcare Corp. v. Universal Medical Labs,
Inc., 760 So. 2d 1126 (Fla. App. 5 Dist 2000). Said sum has been taken from an account(s)
enumerated in paragraph 1 above, or charged to an account(s), and the amount shown in
paragraph | reflects the sum held and available for garnishment after setoff. Gamishee’s Legal
Process Fee is in addition to the statutory $100.00 gamishment fee payable to Garnishee’s
attorney for filing this Answer (Section 77.28 Florida Statutes).
3. Except as provided in paragraph 1, the Garnishee has no other deposit, account or
tangible or intangible personal property of Defendant(s) in its possession or control at the time of
service of said Writ and at the time of this Answer, and in between said times, and knows of no
other person indebted to the Defendant(s) or who may have any of the effects of the
Defendant(s).
4. Except as provided in paragraph 1 above, the Garnishee has no obligation to
make, and has not made, a factual determination as to whether any property of the Defendant(s)
in its possession or control is subject to any exemption provided to the Defendant(s) by State or
Federal law.
5. The Garnishee has retained the law firm of Marks Gray, P.A. to represent it in this
matter and requests that it be paid its attorney’s fees and costs as allowed by law.
DEMAND FOR GARNISHMENT FEE
The Plaintiff/Plaintiff’s Counsel shall pay to the undersigned Law Firm the $100.00
deposit for Gamnishee’s attorney’s fee for issuance of the garnishment Writ in the above-style
cause pursuant to Section 77.28, Florida Statutes, as amended effective July 1, 2014.
DESIGNATION OF EMAIL ADDRESSES
Counsel for Garnishee, pursuant to Rule 2.516 of the Florida Rules of Judicial
Administration, hereby designates the following primary and secondary email addresses for
48229119service of court documents: Primary email address: jkent@marksgray.com; Secondary email
address: tsing@marksgray.com.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy hereof has been furnished to the email or mail
address(es) listed on the attached Service List by email or mail on May 21, 2019.
MARKS GRAY, P.A.
ay! Gi Zo. Ket
John B. Kent
Florida Bar No. 042442
P.O. Box 447
Jacksonville, FL 32201
Telephone: (904) 398-0900
Facsimile: (904) 399-8440
jkent@marksgray.com
Attorneys for Garnishee
SERVICE LIST
Zoran D. Jovanovich, Esq.
Zwicker & Associates, P.C.
(southflalitigation@zwickerpc.com)
48229119WELLS FARGO BANK, N.A.
To all Plaintiffs/ Plaintiffs’ Attomeys/ Creditors/ Creditors’ Attorneys causing the
Issuance of a Writ of Garnishment in the State of Florida:
Re: Payment of the $100 Statutory Deposit
to. ishee for ii e"
Ladies / Gentlemen:
We hereby make Demand for, and Direct all Plaintiffs/ Plaintiffs’ Attorneys/
Creditors/ Creditors’ Attorneys causing the Issuance of a Writ of Garnishment in the
State of Florida, to pay directly to our attorneys the $100.00 deposit for the payment or
partial payment of Garnishee’s attorneys’ fees “Upon issuance of any writ of
garnishment”, which, pursuant to Chapter 77, Florida Statutes, as amended as of July 1,
2014, is due to Wells Fargo Bank, N.A., as Garnishee, based on its demand therefor.
Our attorney’s address is:
John B. Kent, Esquire
Marks Gray, P.A.
1200 Riverplace Boulevard, Suite 800
Jacksonville, Florida 32207
Taxpayer Identification Number: 59-1514046
We appreciate your cooperation.
ae yours,
Co CL
Erica Cook
Legal Order Processing Department
Wells Fargo Bank, N.A.
Please reference the Wells Fargo Bank File Number shown on the bottom left comer of
the Garnishee’s Answer on the memo portion of the Check. Thank you!
Preview
Filing # 89880134 E-Filed 05/21/2019 02:41:17 PM IN THE COUNTY COURT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CONO-15-009530 DISCOVER BANK, Plaintiff, Vv. MIREILLE JEROME, Defendant, Vv. WELLS FARGO BANK, N.A., Garnishee. / ANSWER OF GARNISHEE AND DEMAND FOR GARNISHMENT FEE COMES NOW Gamishee, Wells Fargo Bank, N.A., successor in interest to Wachovia Bank, N.A., by and through its undersigned attorneys, and answers the Writ of Garnishment served herein on it and says: 1. At the time of service of said Writ (plus sufficient time not to exceed one business day for Garnishee to act expeditiously on the Writ) and at the time of this Answer, and in between said times, excluding any “protected amount” as defined in Title 31, Subtitle B, Chapter II, Subchapter A, Part 212, Code of Federal Regulations, if any, the Garnishee may be indebted to Defendant(s), “Mireille Jerome” in the amount of $3,522.62 by virtue of an account(s) in the name of “Mireille Jerome”, at the following address(es): 1301 NE 191st St Apt 210 North Miami Beach, FL 33179-4023 and Garnishee in good faith has retained the sum of $3,522.62 in accordance with Chapter 77, and primarily Section 77.06(2) and (3), /Jorida Statutes. 48229119 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/21/2019 02:41:17 PM.****2. Under Garnishee’s Account Agreement with Garnishee’s customer, Garnishee has a contractual right of setoff and a security interest in its customer’s accounts for Legal Process, including garnishments, and it hereby claims this right as an Affirmative Defense. Specifically, among its other rights, Garnishee is authorized to charge against its customer’s account a Legal Process Fee in the amount of $125.00. See Baxter Healthcare Corp. v. Universal Medical Labs, Inc., 760 So. 2d 1126 (Fla. App. 5 Dist 2000). Said sum has been taken from an account(s) enumerated in paragraph 1 above, or charged to an account(s), and the amount shown in paragraph | reflects the sum held and available for garnishment after setoff. Gamishee’s Legal Process Fee is in addition to the statutory $100.00 gamishment fee payable to Garnishee’s attorney for filing this Answer (Section 77.28 Florida Statutes). 3. Except as provided in paragraph 1, the Garnishee has no other deposit, account or tangible or intangible personal property of Defendant(s) in its possession or control at the time of service of said Writ and at the time of this Answer, and in between said times, and knows of no other person indebted to the Defendant(s) or who may have any of the effects of the Defendant(s). 4. Except as provided in paragraph 1 above, the Garnishee has no obligation to make, and has not made, a factual determination as to whether any property of the Defendant(s) in its possession or control is subject to any exemption provided to the Defendant(s) by State or Federal law. 5. The Garnishee has retained the law firm of Marks Gray, P.A. to represent it in this matter and requests that it be paid its attorney’s fees and costs as allowed by law. DEMAND FOR GARNISHMENT FEE The Plaintiff/Plaintiff’s Counsel shall pay to the undersigned Law Firm the $100.00 deposit for Gamnishee’s attorney’s fee for issuance of the garnishment Writ in the above-style cause pursuant to Section 77.28, Florida Statutes, as amended effective July 1, 2014. DESIGNATION OF EMAIL ADDRESSES Counsel for Garnishee, pursuant to Rule 2.516 of the Florida Rules of Judicial Administration, hereby designates the following primary and secondary email addresses for 48229119service of court documents: Primary email address: jkent@marksgray.com; Secondary email address: tsing@marksgray.com. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy hereof has been furnished to the email or mail address(es) listed on the attached Service List by email or mail on May 21, 2019. MARKS GRAY, P.A. ay! Gi Zo. Ket John B. Kent Florida Bar No. 042442 P.O. Box 447 Jacksonville, FL 32201 Telephone: (904) 398-0900 Facsimile: (904) 399-8440 jkent@marksgray.com Attorneys for Garnishee SERVICE LIST Zoran D. Jovanovich, Esq. Zwicker & Associates, P.C. (southflalitigation@zwickerpc.com) 48229119WELLS FARGO BANK, N.A. To all Plaintiffs/ Plaintiffs’ Attomeys/ Creditors/ Creditors’ Attorneys causing the Issuance of a Writ of Garnishment in the State of Florida: Re: Payment of the $100 Statutory Deposit to. ishee for ii e" Ladies / Gentlemen: We hereby make Demand for, and Direct all Plaintiffs/ Plaintiffs’ Attorneys/ Creditors/ Creditors’ Attorneys causing the Issuance of a Writ of Garnishment in the State of Florida, to pay directly to our attorneys the $100.00 deposit for the payment or partial payment of Garnishee’s attorneys’ fees “Upon issuance of any writ of garnishment”, which, pursuant to Chapter 77, Florida Statutes, as amended as of July 1, 2014, is due to Wells Fargo Bank, N.A., as Garnishee, based on its demand therefor. Our attorney’s address is: John B. Kent, Esquire Marks Gray, P.A. 1200 Riverplace Boulevard, Suite 800 Jacksonville, Florida 32207 Taxpayer Identification Number: 59-1514046 We appreciate your cooperation. ae yours, Co CL Erica Cook Legal Order Processing Department Wells Fargo Bank, N.A. Please reference the Wells Fargo Bank File Number shown on the bottom left comer of the Garnishee’s Answer on the memo portion of the Check. Thank you!