In re Young

Thomas J. Tucker

On October 24, 2013, the Clerk of this Court signed, issued, and filed a writ of garnishment, at the request of creditor Kandice Kameg, directed to garnishee "Chrysler Payroll" (Docket # 57). On October 30, 2013, Chrysler filed a garnishee disclosure (Docket # 58), and Debtor filed an objection to the writ of garnishment (Docket # 60).

The Court concludes that the writ of garnishment was issued in error by the Clerk, and must be vacated. This is because this Court did not issue any money judgment against the Debtor on which a garnishment in this Court could properly be based. (The Court's Order filed on August 26, 2013, entitled "Order Determining Debt to Be Nondischargeable, but Otherwise Denying Creditor Kandice Kameg's Motion to Dismiss Case" (Docket # 52) is not such a money judgment.) And if the creditor Kandice Kameg has obtained a money judgment against the Debtor in state court, that court is where Ms. Kameg must seek a writ of garnishment. Ms. Kameg may not seek a money judgment against the Debtor in this closed bankruptcy case.

Accordingly,

IT IS ORDERED that the writ of garnishment filed on October 24, 2013 (Docket # 57) is vacated.

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Thomas J. Tucker

United States Bankruptcy Judge