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United States v. Kellow

United States District Court, D. Nevada

September 1, 2017

UNITED STATES OF AMERICA, Plaintiff/Judgment Creditor,
v.
JASON KELLOW, Defendant/Judgment Debtor, and PETER LIK RETAIL USA, INC, and its successors or assigns, Garnishee.

          STEVEN W. MYHRE ACTING UNITED STATES ATTORNEY

          MARK E. WOOLF ASSISTANT UNITED STATES ATTORNEY

          UNITED STATES' EX PARTE APPLICATION FOR WRIT OF CONTINUING GARNISHMENT AGAINST DEFENDANT JASON KELLOW

          CAM FERENBACH UNITED STATES MAGISTRATE JUDGE

         In accordance with 18 U.S.C. § 3613 and 28 U.S.C. §§ 3002, 3202, and 3205, the United States of America (“United States”) applies for issuance of a Writ of Continuing Garnishment for substantial nonexempt property belonging to or due Defendant/Judgment Debtor Jason Kellow (“Kellow”).

         This Court entered judgment against Kellow on April 4, 2013, such judgment including an order of restitution in the amount of $1, 000, 000.00, payable jointly and severally. ECF No. 208. As of August 30, 2017, $13, 547.00 has been paid toward the restitution leaving a principal balance on the restitution of $987, 053.00. The judgment is collecting interest at 0.130%, said interest having accrued in the amount of $5, 605.57 from the fifteenth day after the judgment was entered. Thus, inclusive of both principal and interest, there is an outstanding balance on the judgment of $992, 658.57. Pursuant to 18 U.S.C. § 3613(c), upon entry of judgment a lien arose against all of Kellow's property and rights to property.[1]

         Kellow's full name is Jason Joseph Kellow. His social security number is ***-**-9491. His last known address is Las Vegas, Nevada 89135.[2] More than 30 days have elapsed since demand for payment of the debt was made, but payment has not been made.

         To enforce the judgment entered against Kellow in this matter, the United States requests that a Writ of Continuing Garnishment be issued for service upon the Garnishee, whose name, address, and authorized agent/s are:

Peter Lik Retail USA, Inc.
c/o Oshins & Associates, Registered Agent c/o Peter Lik, President 1645 Village Center Circle, Suite 170 Las Vegas, NV 89134

         The Garnishee and its affiliates, successors, or assigns are believed to be in possession, custody, or control of substantial nonexempt property belong to or due Kellow, including but not limited to nonexempt disposable earnings.[3]

         To prevent the transfer or dissipation of nonexempt assets, applications for writs under the Federal Debt Collection Procedures Act, 28 U.S.C. § 3001 et seq., are necessarily submitted ex parte without notice to judgment debtors and their insiders until after process has been served on whomever is holding the subject property. After the Garnishee has been served, pursuant to 28 U.S.C. 3202(c), the United States will serve Kellow and each person whom the United States has reasonable cause to believe has an interest in the property subject to the Writ of Garnishment.

         ORDER

         Before the Court is the United States' Ex Parte Application for a Writ of Continuing Garnishment. After consideration, the Court finds that the application meets the requirements of 28 U.S.C. § 3205. Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court issue a Writ of Garnishment to the Garnishee and a Clerk's Notice of Garnishment and provide them to the United States. The Clerk shall maintain the Application for Writ of Garnishment and this Order with their ex parte restriction until such time as the United States certifies that it has completed service of the writ on the Garnishee. The United States shall promptly notify the Clerk when service of process is complete.

         Exhibit

         Writ of Garnishment (and accompanying documents)

         Clerk's Notice of Post-Judgment Garnishment Notice to Judgment Debtor On How to Claim Exemptions and Further Instructions

         Claim for Exemptions, Request for Hearing, and/or Request for Transfer

         WRIT OF CONTINUING GARNISHMENT

         To the Garnishee: Peter Lik Retail USA, Inc. 1645 Village Center Circle, Suite 170 Las Vegas, NV 89134

         An Application For Writ of Continuing Garnishment against the following described earnings, money or property of the above named Defendant/Judgment Debtor has been filed with the Court.

         Whereupon the Court, having considered the Application for Writ of Continuing Garnishment against the earnings of the Defendant/Judgment Debtor Jason Kellow, finds that the requirements of 28 U.S.C. § 3205 are satisfied and that an appropriate Writ of Continuing Garnishment shall, and hereby does, issue. IT IS THEREFORE ORDERED THAT:

         1. A judgment has been entered against the above named Defendant/Judgment Debtor in the amount of $1, 100, 000.00. As of August 30, 2017, $13, 547.00 has been credited to the account including the special assessment, leaving a balance due of $992, 728.89 on the restitution, which includes $5, 605.57 in accrued interest.

         2. The Garnishee shall withhold and retain any earnings, money or property on which the debtor has a substantial nonexempt interest and for which the Garnishee is or may become indebted to the Judgment Debtor pending further order of this Court. Do not deliver property to the Court at this time. Withhold and retain property until such time as the Court orders its distribution.

         3. The Garnishee is required by law pursuant to 28 U.S.C. §3205(c)(2)(E) to complete under oath the accompanying Answer of Garnishee within ten (10) days of receipt of this Writ of Continuing Garnishment, and file the original with:

Clerk of the Court U.S. District Court 333 Las Vegas Boulevard, South Room 1334 Las Vegas, Nevada 89101

         4. The Garnishee is also required to send a copy to the Judgment Debtor at:

Jason Kellow 10523 Bryn Haven Avenue Las Vegas, NV 89135
and a copy to:
Mark E. Woolf Assistant United States Attorney United States Attorney's Office 501 Las Vegas Boulevard South, Suite 1100 Las Vegas, Nevada 89101

         Self-addressed envelopes are included for this purpose. If you fail to file an answer or withhold property in accordance with this Writ, the United States may petition the Court for an order requiring you to appear before this Court and answer this Writ and withhold property before the appearance date. See 28 U.S.C. § 3205(c)(6). If you fail to answer, or appear and fail to show good cause why you failed to comply with this Writ, the Court shall enter a judgment against you for the value of the substantial nonexempt property that should have been withheld and may award reasonable attorney fees to the United States. Id.

         6. Garnishee is prohibited from discharging the Defendant/Judgment Debtor from employment by reason of the fact that his/her earnings have been subject to garnishment ...


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