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06-1980 - Dittmar v. Thunderbird Collection Specialists, Inc.


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06-1980 - Dittmar v. Thunderbird Collection Specialists, Inc.
September 10, 2007
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ORDER that the Clerk shall vacate its 10/19/06 Entry of Default re 8. FURTHER ORDERED Denying Pla's 11 MOTION for Judgment Upon Default as moot. Signed by Judge James A Teilborg on 9/10/07. (KMG)
April 11, 2008
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ORDER - IT IS HEREBY ORDERED GRANTING Plaintiff's 19 Second Motion for Judgment Upon Default. FURTHER ORDERED that Plaintiff Madeline Dittmar be awarded Judgment against Defendant Thunderbird for the sum of $6,000 in actual and statutory damages, $5,000 in punitive damages, and $3,000 in attorneys fees pursuant to the FDCPA and the FCRA. FURTHER ORDERED DENYING WITHOUT PREJUDICE the portion of the Motion requesting taxable costs. The Plaintiff may file a Bill of Costs with the Clerk of the Court pursuant to Local Rule of Civil Procedure 54.1 to recover taxable costs. Signed by Judge James A Teilborg on 4/11/08. (SAT)
September 5, 2008
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REPORT AND RECOMMENDATION re 30 MOTION for Garnishment Judgment and Order to Transfer Funds to Judgment Creditor : Recommending that motion be granted as follows: a. That the Judgment Creditor is awarded a Garnishment Judgment in the amount prayed for in the Writ ($14,503.92). b. The Garnishee is awarded the sum of $75.00 against the Judgment Debtors funds as and for the costs of preparing the Answer of the Garnishee. c. That the non-exempt funds withheld by the Garnishee upon service of the Writ of Garnishment, up to a total of $14,503.92 shall be transferred to the attorney for the Judgment Creditor upon receipt of this Order.. Signed by Magistrate Judge Michelle H Burns on 9/4/08. (DMT, )
September 25, 2008
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ORDER - IT IS ORDERED that the Magistrate Judge's 32 Report and Recommendation is ACCEPTED. FURTHER ORDERED GRANTING Ms. Dittmar's 30 Motion for Garnishment Judgment against Garnishee Wells Fargo, N.A., in the amount of $14,503.92. FURTHER ORDERED Awarding Garnishee Wells Fargo $75.00 against the Judgment Debtor Thunderbird Collection's funds as costs for preparing the Answer of the Garnishee. FURTHER ORDERED that the amounts retained by Garnishee Wells Fargo, N.A., pursuant to the writ of garnishment and this Order are to be immediately paid upon receipt of this Order to Floyd W. Bybee, as attorney for the Judgment Creditor. Signed by Judge James A Teilborg on 9/25/08. (SAT)