United States v. Asare
- Analisa Torres
- 1:15-cv-03556
- U.S. District Court · Southern District of New York
- 2
In United States v. Asare, Judge Analisa Torres imposed a $38,641.88 surcharge on Emmanuel O. Asare and Springfield Medical Aesthetic PC for enforcing an unpaid judgment.
Emmanuel O. Asare and Springfield Medical Aesthetic PC are jointly and severally liable for the $38,641.88 surcharge added to their existing judgment debt; the United States may collect the surcharge.
What happened
In United States v. Asare, the court had entered a $390,000 judgment against Emmanuel O. Asare and Springfield Medical Aesthetic PC. The judgment debtors did not pay after demand, and the United States obtained a garnishment order against property held by or owed to them.
The outstanding principal balance was $386,418.80 when the United States applied for garnishment. Under the federal debt-collection law cited by the court, the United States sought a 10% surcharge to cover the costs of processing and enforcing the debt.
Judge Analisa Torres ordered a $38,641.88 surcharge added to the judgment debt. Emmanuel O. Asare and Springfield Medical Aesthetic PC are jointly and separately responsible for that amount.
The detailed version
- United States v. Asare · No. 1:15-cv-03556
- Analisa Torres
- Oct. 13, 2022
Background
The court had entered judgment against Emmanuel O. Asare and Springfield Medical Aesthetic PC, together called the judgment debtors, for $390,000 on August 5, 2020. The judgment debtors failed to pay the debt after demand.
Under the Federal Debt Collection Procedure Act, the United States sought and obtained a writ of garnishment against TD Bank, N.A., concerning substantial nonexempt property belonging to or owed to the judgment debtors. The garnishment proceeding resulted in a final garnishment order.
Ruling
The court determined that the United States was entitled under 28 U.S.C. § 3011(a) to a surcharge equal to 10% of the debt to cover the costs of processing and handling the litigation and enforcement of the claim. The outstanding principal balance when the United States applied for the garnishment writ was $386,418.80.
Judge Analisa Torres ordered that a 10% litigation surcharge of $38,641.88 be assessed and added to the judgment debt. The judgment debtors are jointly and severally liable for the surcharge, meaning the United States may seek the full amount from either debtor or both together.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.