Molina et al v. Ace Homecare LLC

Middle District of Florida, flmd-8:2016-cv-02214

Answer to Writ of Garnishment

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PageID 862 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION TONI MOLINA, et al., on behalf of themselves and all others similarly situated, Plaintiff, vs. Case No.: 8:16-cv-02214-JDW-TGW ACE HOMECARE, LLC, BRL INVESTMENTS, LLC, ARTHUR BARLAAN, and JOSELYN BARLAAN, Defendants, and SYNOVUS BANK, Garnishee. / GARNISHEE, SYNOVUS BANK'S ANSWER TO WRIT OF GARNISHMENT AND DEMAND FOR GARNISHMENT FEE Garnishee, Synovus Bank ("Garnishee"), answers the Writ of Garnishment served on it on July 10, 2018 in this action (the "Writ"), as follows: 1. According to Garnishee's records, it was not indebted to Defendants, Ace Homecare, LLC or BRL Investments, LLC ("Corporate Defendants"), at the time of the service of the Writ (plus sufficient time not to exceed one PageID 863 business day for Garnishee to act expeditiously on the Writ), or at the time of this answer, or at any time between such times. 2. According to Garnishee's records, it was not indebted to Defendants, Arthur Barlaan and Joselyn Barlaan ("Defendants"), at the time of the service of the Writ (plus sufficient time not to exceed one business day for Garnishee to act expeditiously on the Writ), or at the time of this answer, or at any time between such times, except as follows: a. Account Number Account Title Balance on July 10, 2018 xx3463 Arthur S. Barlaan $2,354.36 Jocelyn L. Barlaan 5001 Troydale Rd. Tampa, FL 33615 No transactions occurred in this account from the date of service of the Writ and the date of this Answer. 3. Under Garnishee's Deposit Agreement with Defendants, Garnishee has a contractual right of setoff and security interest in its customer's account for a legal processing fee in the amount of $100 when Garnishee is served with a writ of garnishment. Garnishee is authorized to offset this fee against Defendants' account. See Baxter Healthcare Corp. v. Universal Medical Labs, Inc., 760 So 2d 1126 (Fla. 5th DCA 2000). Garnishee's garnishment fee is in addition to the statutory $100.00 garnishment deposit payable to Garnishee for partial payment of its attorneys' fee pursuant to § 77.28, Florida Statutes. After deducting this fee, the balance in account ending 3463 will be $2,254.26. 4. Except as set forth above, Garnishee does not now have and did not have at the time of service of the Writ, or at the time of service of this answer, or at any time between 2 PageID 864 such times, in its possession, custody or control, any tangible or intangible personal property of Corporate Defendants and/or Defendants. 5. Except as identified above, Garnishee does not have a record of any other address for the Defendants and has no record of any address for Corporate Defendants. 6. Garnishee does not have any knowledge of any other person indebted to Corporate Defendants and/or Defendants who may be in possession or control of any property belonging to Corporate Defendants and/or Defendants, or who has, or appears to have, an ownership interest in any property of Defendants except as set forth above. 7. Garnishee has no obligation to make, and has not made, a factual determination as to whether any property of the Defendants in its possession or control is subject to any exemption provided to the Defendants by State or Federal law. 8. Garnishee has retained the undersigned attorneys and is obligated to pay them a reasonable fee for the services rendered in response to the Writ. Garnishee is entitled to recover, and hereby demands, its costs and expenses, including reasonable attorneys' fees, as set forth in § 77.28, Florida Statutes. DEMAND FOR GARNISHMENT FEE Garnishee demands that Plaintiff pay to the undersigned the $100.00 garnishment fee pursuant to §77.28, Florida Statutes, as amended. The garnishment fee should be made payable to Trenam Kemker, and mailed to 200 Central Avenue, Suite 1600, St. Petersburg, FL 33701. /s/ Roxanne Fixsen ROXANNE FIXSEN Florida Bar Number: 0035733 rfixsen@trenam.com 3 PageID 865 DALE W. CRAVEY Florida Bar Number: 0856428 dcravey@trenam.com TRENAM, KEMKER, SCHARF, BARKIN, FRYE, O'NEILL & MULLIS 200 Central Avenue, Suite 1600 St. Petersburg, FL 33701 Telephone: 727/896-7171 Facsimile: 727-822-8048 Attorneys for Garnishee CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing, together with a notice of electronic filing of same, has been furnished via the Court's CM/ECF system to Luis A. Cabassa, Esq., Wenzel Fenton, Cabassa, P.A., 1110 N. Florida Ave., Suite 300, Tampa, FL 33602 this 11th day of July 2018. /s/ Roxanne Fixsen Attorney 4