Case 8:09-mc-00059-SDM-EAJ Document 17 Filed 11/06/12 Page 1 of 5 PageID 167 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CASE NO. 8:09-MC-59-T-23EAJ CARTER FOOTWEAR, INC., et al.,, Plaintiff, v. GREYSTONE WORLD-WIDE, INC., and Investment Management of America, Inc., et al., and ANDREW BADOLATO, Defendants. / MOTION FOR ISSUANCE OF WRITS OF GARNISHMENT AFTER JUDGMENT Plaintiff, CARTER FOOTWEAR, INC., files this, its Motion for Issuance of a Writs of Garnishment After Judgment, and in support thereof states as follows: 1. On or about June 4, 2009, an amended judgment was entered against Defendant, ANDREW BADOLATO, in the total amount of $121,729.00. 2. The judgment remains unsatisfied in the amount of $121,729.00 plus post- judgment interest at .58% per annum from June 4, 2009 until November 6, 2012 in the amount of $2,419.84, making the total due of $124,184.84. 3. Plaintiff does not believe that Defendant has in his possession property in this State of Florida and in Sarasota County, Florida upon which a levy can be made sufficient to satisfy the judgment. 4. Plaintiff states that the funds sought herein to be garnished are not due for personal labor or services of the head of the household of a family residing in Florida. Case 8:09-mc-00059-SDM-EAJ Document 17 Filed 11/06/12 Page 2 of 5 PageID 168 CASE NO. 8:09-MC-59-T-23EAJ 5. Plaintiff believes that ABOUT MAIN STREET, INC. is the employer of Defendant, and has in its hands, possession, or control salary or wages which are not exempt under the Laws of Florida. MEMORANDUM OF LAW Pursuant to FRCP 69(a)(1), a money judgment may be executed upon in accordance with the procedures of the state in which the court is located. Florida Statutes §77.01 gives the right to any judgment creditor to a writ of garnishment for any property in possession of a third person and for wage garnishment. As Plaintiff has obtained a judgment against Defendant and properly registered same to this Court, Plaintiff may obtain a continuing writ of garnishment against any funds and/or wages belonging to Defendant being held by ABOUT MAIN STREET, INC. A true and correct copy of the proposed Writ of Garnishment is attached hereto as Exhibit “A.” In addition, undersigned counsel will forward the filing fee of $100.00 per writ to the Clerk of Court. WHEREFORE, Plaintiff, CARTER FOOTWEAR, INC., requests that this Court issue a continuing writ of garnishment against ABOUT MAIN STREET, INC. and such further relief as the Court deems proper. DATED this 6th day of November, 2012. ALLISON L. FRIEDMAN /s/ Allison L. Friedman 20533 Biscayne Boulevard, Suite 4-435 Aventura, Florida 33180 (305) 905-2679 (Telephone) (305) 692-9387 (Facsimile) Ralfriedman@hotmail.com Fla. Bar No. 0055336 Attorney for Plaintiff Case Document 17 Filed 11/06/12 Page 3 of 5 PageID 169 EXHIBIT Case 8:09-mc-00059-SDM-EAJ Document 17 Filed 11/06/12 Page 4 of 5 PageID 170 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION CASE NO. 10-80446 MC-Ryscamp/Vitunic CARTER FOOTWEAR, INC., et al.,, Plaintiff, v. GREYSTONE WORLD-WIDE, INC., and Investment Management of America, Inc., et al., and GERALD C. PARKER, Defendants. / CONTINUING WRIT OF GARNISHMENT THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to summon Garnishee, ABOUT MAIN STREET, INC., by serving its Registered Agent, Andrew Badolato, 2033 Main Street, Suite 404, Sarasota, Florida 34237 to serve an answer on Allison L. Friedman, Esq., attorney for Plaintiff, whose address is 20533 Biscayne Boulevard, #4-435, Aventura, Florida 33180, within twenty (20) days after service of this writ, excluding the date of service on the Garnishee, and to file an original with the Clerk of this Court, either before service on the attorney or immediately thereafter, stating whether Garnishee is indebted to Defendant, ANDREW BADOLATO, by reason of salary or wages. 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 earnings for the pay period during which this writ is served on Garnishee. Deductions shall be made from the salary or wages of the Defendant as it becomes due, and this writ shall continue for these periodic withholdings of a portion of the Defendant earnings as they come due, with the computation of the amount of that periodic portion to be withheld to be made as stated in the next paragraph, 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 an individual’s net disposable earnings (the Case 8:09-mc-00059-SDM-EAJ Document 17 Filed 11/06/12 Page 5 of 5 PageID 171 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 wage, whichever is less. The Garnishee is required to notify the Plaintiff and Clerk of Court in writing each time salary or wages is withheld and also state the amount that is being withheld, with each payment to be made to Plaintiff or Plaintiff’s attorney at the address indicated above, and with each payment to indicate Defendant’s name and the case number. For administrative costs, Garnishee shall collect $5.00 against the salary or wages of Defendant for the first deduction and $1.00 for each deduction thereafter. The total amount of the Final Judgment outstanding as set out in the Motion for Writ of Garnishment After Judgment is $183,965.41, the total amount remaining unsatisfied. Failure to file an answer within the time required will result in entry of Judgment against Garnishee, ABOUT MAIN STREET, INC., for the amount of $124,184.84. PLEASE BE GOVERNED ACCORDINGLY. ENTERED on this day of , 2012. By: _____________________________________ U.S. CLERK OF COURT