United State of America et al v. Rafter H Construction LLC et al, No. 1:2018mc10002 - Document 19 (D. Idaho 2018)
Court Description: MEMORANDUM DECISION AND ORDER - NOW THEREFORE IT IS HEREBY ORDERED, that the motion for judgment debtor exam (docket no. 16 ) is GRANTED. IT IS FURTHER ORDERED, that the motion for service (docket no. 17 ) is GRANTED. IT IS FURTHER ORDERED, that th e Clerk shall send out a Notice of Hearing fora judgment debtor examination of Rafter H Construction LLC. IT IS FURTHER ORDERED, that at the judgment debtor examination, a representative of Rafter H Construction LLC, with authority to speak for the c ompany, shall answer questions concerning Rafters property and assets. IT IS FURTHER ORDERED, that Rafter H Construction LLC is restrained and enjoined from selling, loaning, giving away or otherwise disposing of its non-exempt assets and property pe nding this hearing. Failure to comply with this Order may result in contempt proceeding against Rafter H Construction LLC. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO THE UNITED STATES OF AMERICA, for the use and benefit of BIG-D CORPORATION, a Utah corporation, et al., Case No. 1:18-mc-10002-BLW Plaintiffs, MEMORANDUM DECISION AND ORDER v. RAFTER H CONSTRUCTION, LLC, an Idaho limited liability company, et al., Defendants. MEMORANDUM DECISION This is a collection action in which plaintiff Big-D is attempting to collect a Judgment it obtained in Wyoming Federal District Court. Big-D received that Judgment on January 24, 2018, following a jury trial, in the sum $962,349.36 against defendant Rafter H Construction LLC. The amount currently due is $766,684.62. Big-D registered the Judgment in Idaho, and on April 16, 2018, Judge Lodge entered a Writ of Execution directing that any of Rafter’s non-exempt assets in Idaho be seized to satisfy the Judgment. The Writ was served on Rafter’s attorney on April 30, 2018, but the process server was unable to serve anybody at Rafter despite several attempts. See Process Return (Dkt. Nos. 12,13 & 14). On May 25, 2018, Big-D filed a motion for a judgment-debtor examination, asking the Court to (1) set a hearing for Rafter to appear and answer questions about its Memorandum Decision & Order – page 1 property and income, and (2) restrain Rafter from disposing of any non-exempt assets pending the hearing. Rafter has not filed any response to the motion and the deadline for responding has passed. On June 19, 2018, this case was reassigned from Judge Lodge to this Court. Under 28 U.S.C. § 1963, a Judgment entered in Wyoming and registered in Idaho has the “same effect as a judgment of the district court . . . [in Idaho] and may be enforced in like manner.” Pursuant to the Writ of Execution entered by Judge Lodge, the Judgment is a lien on Rafter’s non-exempt property and assets in Idaho, to the same extent as under State law. See 28 U.S.C. § 1962. Idaho law states that whenever the debt is not satisfied by the execution of the Writ, the judgment creditor is entitled to a hearing where the judgment debtor must appear and answer questions about its property and assets. See Idaho Code § 11-501. Idaho law also grants courts authority to restrain the judgment debtor from disposing of any nonexempt assets pending the hearing. See Idaho Code § 11-502. Pursuant to this authority, the Court will grant Big-D’s motion, direct the Clerk to set up a hearing, and restrain Rafter from disposing of any non-exempt assets pending the hearing. The Court will also authorize that this decision may be served by an entity other than the U.S. Marshal. ORDER In accordance with the Memorandum Decision set forth above, NOW THEREFORE IT IS HEREBY ORDERED, that the motion for judgment debtor exam (docket no. 16) is GRANTED. Memorandum Decision & Order – page 2 IT IS FURTHER ORDERED, that the motion for service (docket no. 17) is GRANTED. IT IS FURTHER ORDERED, that the Clerk shall send out a Notice of Hearing for a judgment debtor examination of Rafter H Construction LLC. IT IS FURTHER ORDERED, that at the judgment debtor examination, a representative of Rafter H Construction LLC, with authority to speak for the company, shall answer questions concerning Rafter’s property and assets. IT IS FURTHER ORDERED, that Rafter H Construction LLC is restrained and enjoined from selling, loaning, giving away or otherwise disposing of its non-exempt assets and property pending this hearing. Failure to comply with this Order may result in contempt proceeding against Rafter H Construction LLC. DATED: July 2, 2018 _________________________ B. Lynn Winmill Chief U.S. District Court Judge Memorandum Decision & Order – page 3
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