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United States v. Brown

April 20, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MELISSA R. BROWN, HONORABLE SEAN F. COX DEFENDANT.



The opinion of the court was delivered by: Sean F. Cox United States District Judge

ORDER

This is a garnishment action stemming from a student-loan case. The Government previously obtained a judgment against Defendant Melissa Brown in this action.

On February 1, 2010, the Government applied for a writ of continuing garnishment (Docket Entry No. 11), seeking to recover funds held by Garnishee Michigan Department of Treasury. The clerk granted the writ on February 2, 2010. Before the Michigan Department of Treasury filed a disclosure, however, Defendant filed an objection to the garnishment and requested a hearing.

The parties appeared before the Court on April 20, 2010. At that hearing, the parties confirmed that the Michigan Department of Treasury has not filed an answer to the writ of garnishment, nor is it holding any funds owed to Defendant.

Accordingly, the Court hereby ORDERS that Defendant's objection to the writ of garnishment (Docket Entry No. 14) is OVERRULED.

The Court further notes that in her written submission to the Court (Docket Entry No. 14), and again at the April 20, 2010 hearing, Defendant indicated that she is permanently disabled. In response, the Government indicates that, if it can confirm that Defendant is permanently disabled, Plaintiff's loan may be discharged and this action may be resolved. At the April 20, 2010 hearing, Plaintiff signed a release form so that the Government can obtain the necessary information from Defendant's physician.

20100420

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