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Klein-Becker U.S. & Klein-Becker Ip Holdings, LLC v. Patrick Englert & Mr. Finest Supplements, Inc.
CAROL E. JACKSON UNITED STATES DISTRICT JUDGE
MEMORANDUM AND ORDER
This matter is before the Court on the defendants' claims of exemption from execution on judgment. Plaintiffs have not filed a response.
I. Background
On January 25, 2011, the United States District Court for the District of Utah entered a judgment in favor of plaintiffs Klein-Becker USA, LLC, and Klein-Becker IP Holdings, LLC, and against defendants Patrick Englert and Mr. Finest Supplements, Inc., in the sum of $773,384.31 plus attorneys' fees and costs. [Doc. #1-1]. Plaintiffs registered the judgment in this district on September 20, 2013. Although plaintiffs were able to recover some money through garnishment proceedings, a substantial portion of the judgment remains unpaid. [Docs. #9, #10, #12].
On April 29, 2016, plaintiffs requested service of writs of execution on defendants for (1) a 2002 Jeep Cherokee; (2) furniture (glass table, couch, chairs); (3) a laptop computer, a desktop computer, and accompanying monitor, keyboard, and cords; (4) a wedding ring; and (5) any cash in defendant Englert's possession. [Doc. #13]. The writs of execution were served by the U.S. Marshals Service on May 13, 2016. On May 27, 2016, defendants timely filed claims of exemption, pursuant to Mo.Rev.Stat. § 513.430.1.
II. Discussion
Under Rule 69(a) of the Federal Rules of Civil Procedure, a federal court must follow relevant state law in a proceeding to execute on a judgment, unless a federal statute dictates otherwise. See United States v. Yazell, 382 U.S. 341, 354-55 (1966). Judgment debtors in Missouri may claim statutory exemptions to execution by filing a verified request within 20 days of receiving notice. Mo.Sup.Ct.R. 76.05(b). Here, defendants timely filed claims for statutory exemptions for $20.00 in cash and for household furnishings and goods, wedding rings, and motor vehicles. See Mo.Rev.Stat. § 513.430.1.
1. The following property shall be exempt from attachment and execution to the extent of any person's interest therein:
(1) Household furnishings, household goods, wearing apparel, appliances, books, animals, crops or musical instruments that are held primarily for personal, family or household use of such person or a dependent of such person, not to exceed three thousand dollars in value in the aggregate;
(2) A wedding ring not to exceed one thousand five hundred dollars in value and other jewelry held primarily for the personal, family or household use of such person or a dependent of such person, not to exceed five hundred dollars in value in the aggregate;
(3) Any other property of any kind, not to exceed in value six hundred dollars in the aggregate;
* * *
(5) Any motor vehicles, not to exceed three thousand dollars in value in the aggregate
Mo.Rev.Stat.§ 513.430.1. --------
A judgment creditor may object to a claim for exemption by filing a request for court review within 10 days of the filing of the exemption. Mo.S.Ct.R. 76.075 (b). If a request for court review is not timely filed, the court must release the items claimed for exemption. Mo.Sup.Ct.R. 76.075(c). Here, plaintiffs have not filed a request for court review.
Accordingly,
IT IS HEREBY ORDERED that the following property is released from execution:
(1) $20.00 in United States currency, pursuant to Mo.Rev.Stat. § 513.430.1(3);
(2) One 2002 Jeep Cherokee, currently valued at $2,000.00, pursuant to Mo.Rev.Stat. § 513.430.1(5);
(3) Furniture (glass table, couch, chairs), currently valued at $1,500.00, pursuant to Mo.Rev.Stat. § 513.430.1(1);
(4) Laptop computer, desktop computer, and accompanying monitor, keyboard, and cords, currently valued at $600.00, pursuant to Mo.Rev.Stat. § 513.430.1(1); and
(5) One wedding ring, currently valued at $40.00, pursuant to Mo.Rev.Stat. § 513.430.1(2).
/s/_________
CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE Dated this 21st day of June, 2016.
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