Evans

Evans v. ESN Insurance Services Network Inc.

Good Law
127 F. App'x 952
United States Court of Appeals for the Ninth CircuitApril 11, 2005No. 03-56600; D.C. No. CV-01-00707-DOCCalifornia309 words

Opinion

Lead Opinion

MEMORANDUM **

Robert M. Clark appeals pro se the district court’s August 18, 2003 order assigning 100% of Clark’s commissions from certain insurance companies to judgment creditor Robb Evans, as Receiver for TLC Investments and Trade Co. and various affiliates (the “Receiver”), until the October 17, 2002 judgment, in the amount of $272,092.00, is satisfied (the “Assignment Order”). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the district court’s legal conclusions de novo and its factual findings for clear error. Stevedoring Serv. of Am. v. Ancora Transp., N.V., 59 F.3d 879 , 883 (9th Cir.1995). We vacate and remand.

15 U.S.C. § 1673 (a)(1) provides that creditors may only garnish up to 25% of an individual’s weekly disposable earnings. See In the Matter of Brissette, 561 F.2d 779 , 784 & n. 6 (9th Cir.1977). Section 1673(c) states that “[n]o court ... may make, execute, or enforce any order ... in violation” of this provision. It appears *953 that Clark’s commissions constitute his sole source of income. Accordingly, the district court erred by assigning 100% of Clark’s commissions in the Assignment Order. The district court recognized this error in its…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.