Filing # 196102019 E-Filed 04/12/2024 02:51:01 PM
`
`IN THE CIRCUIT COURT OF THE
`ELEVENTH JUDICIAL CIRCUIT IN AND
`FOR MIAMI-DADE COUNTY, FLORIDA
`
`CASE NO.: 2022-021438-CA-01
`AIM RECOVERY SERVICES, INC.,
`
`Plaintiff,
`V.
`GARY NADER et al.,
`
`Defendants.
`
`NOTICE TO DEFENDANTS
`OF NEED TO MOVE TO DISSOLVE WRIT OF GARNISHMENT
`
`Please take notice that Bank of America, N.A. answered a writ of garnishment served on
`it on April 5, 2024, and served an amended answer on April 9, 2024. A copy of Bank of
`America’s amended answer is attached. Morgan Stanley & Co. served an answer to a writ of
`garnishment on April 12, 2024. A copy of Morgan Stanley’s answer is attached.
`
`You must move to dissolve the writ of garnishment within 20 days after the date indicated in
`the certificate of service below if you believe any of the allegations in Plaintiff’s motion for writ
`of garnishment filed on April 2, 2024 are untrue.
`
`Date: April 12, 2024
`
`By: /s/ Robert A. Stok
`
`Robert A. Stok, Esq. (No. 85705)
`rstok@stoklaw.com
`
`STOK KON + BRAVERMAN
`1 East Broward Blvd, Suite 915
`Fort Lauderdale, FL 33301
`
`Tel.: (954) 237-1777
`
`Counsel to AIM Recovery Services, Inc.
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that I mailed a copy of this document and the amended answer of Bank of
`America, N.A. and Morgan Stanley & Co. to Gary Nader and Jennifer Eileen Nader, 62 NE 27th
`Street, Miami, FL 33137, Gary Nader Corporation, 62 NE 27th Street, Miami, FL 33137, Nader
`+ Museu I, LLLP, 62 NE 27th Street, Miami, FL 33137; and the amended answer of Bank of
`America to Gary Nader, Jennifer Eileen Nader, Lola Nicolas Nader, and Noah Nicolas Nader at
`10185 Lakeside Dr., Coral Gables, FL 33156-3407 on April 12, 2024.
`
`By: /s/ Robert A. Stok
`
`Robert A. Stok, Esq. (No. 85705)
`rstok@stoklaw.com
`
`STOK KON + BRAVERMAN
`1 East Broward Blvd, Suite 915
`Fort Lauderdale, FL 33301
`
`Tel.: (954) 237-1777
`
`Counsel to AIM Recovery Services, Inc.
`
`
`
`
`
`
`
`
`Filing # 195817639 E-Filed 04/09/2024 03:32:35 PM
`
`IN THE CIRCUIT COURT OF THE
`
`AIM RECOVERY SERVICES, INC., 11™ JUDICIAL CIRCUIT IN AND FOR
`Plaintiff, MIAMI-DADE COUNTY, FLORIDA
`
`vs.
`
`_GARY NADER, et al., CASE NO.: 2022-021438-CA-01
`
`Defendant,
`
`and AMENDED ANSWER OF GARNISHEE
`
`BANK OF AMERICA, N.A,, AND DEMAND TQ PLAINTIFF FOR
`Garnishee PAYMENT OF ATTORNEY’S FEES
`
`/
`
`Garnishee, BANK OF AMERICA, N.A., by its undersigned attorney, amends its Answer
`of Garnishee as follows:
`
`1. Paragraph #1 of the Answer of Garnishee filed on April 5, 2024, remains
`unchanged.
`
`2. Paragraph #2 of the Answer of Garnishee filed on April 5, 2024, is amended as
`follows:
`
`Pursuant to provisions of Sections 77.06 (2) and (3) of Florida Statutes, and
`subject to Court determination of the proper disposition of proceeds of the above account(s),
`Garnishee has set aside the following sums:
`
`Account Number(s) Amount Set Aside
`XXXX-XXXX-6841 $1,910.91
`XxXxx-xxxx-0703 $67,751.68
`XXXX-XXXX-1698 $18,673.27
`XXXX-XXXX-2887 $56.01
`XXXX-XXXX-5253 $224.25
`XXXX-XXXX-8978 $1,189.85
`
`3. In all other respects, the Answer of Garnishee filed on April 5, 2024, remains
`unchanged.
`
`WHEREFORE, Garnishee prays that this Court enter its judgment determining proper
`disposition of any funds held pursuant to the Writ of Garnishment and for the payment by
`Plaintiff forthwith of the $100.00 statutory garnishment fee as part payment of Garnishee’s
`attorney’s fees, to be made payable to The Noa Law Firm, P.A., Garnishee’s attorney(s), and
`for any other relief this Court deems just and proper.
`
`
`
`
`
`
`
`
`DESIGNATION OF EMAIL ADDRESS
`
`Pursuant to Rule 2.516 of the Florida Rules of Judicial Administration, Counsel for
`Garnishee hereby designates the following primary email address for service of court documents:
`
`Primary email address: e-service@noalawfirm.com.
`
`CERTIFICATE OF SERVICE
`
`I HEREBY CERTIFY that a true copy of the foregoing was furnished via electronic mail
`this_9™ dayof__ APRIL ,2024,to ROBERT STOK, ESQ., ATTORNEY FOR
`
`PLAINTIFF, Email: rstok@stoklaw.com.
`
`THE NOA LAW FIRM, P.A.
`ATTORNEY(S) FOR GARNISHEE
`P. O. Box 941958
`
`Miami, Florida 33194
`
`Telephone: (305)559-9620
`Facsimile: (305)559-3611
`
`By:
`
`NOA, ESQ., FBN 729299
`JOSEPH A.NOA, JR., ESQ., FBN 81984
`[] MICHAEL A. NOA, ESQ., FBN 93621
`
`
`
`
`
`
`
`
`100 South Charles Street
`Baltimore, MD 21201
`
`Morgan Stanley
`
`April 8, 2024
`
`Robert Stok, Esq.
`1 East Broward Boulevard, Suite 915
`Fort Lauderdale, FL 33301
`
`The Circuit Court of the Eleventh Judicial Circuit
`and for Miami-Dade County Florida
`
`175 NW 15t Ave.
`
`Miami, FL 33128
`
`RE: Aim Recovery Services, Inc., vs Gary Nader et ai., Case No.: 2622-021438-CA-01
`JUDGMENT CREDITOR: Aim Recovery Services, Inc.
`JUDGMENT DEBTOR: vs Gary Nader et al.
`
`Dear Sir:
`
`Garnishee, Morgan & Co., LLC responds to the Notice of Levy/Writ of Garnishment received April 5,
`2024, as to property only (non-wages), as follows:
`
`Garnishee, Morgan Staniey & Co., LLC holds zero assets and is not indebted to the judgment debtor
`Jfor any amount, which include tangible and intangible property, in its possession or control at the time
`of the answer to this Writ on April 8, 2024, or at the time of receipt of this Writ on April 2, 2024, or at
`any time between. No accounts opened, were located for the judgment debtor.
`
`This response and the information contained herein are only made on behalf of and only reflect
`information for Morgan Stanley & Co., LLC, as requested, and are not on behalf of and do not reflect any
`
`information for any other affiliates or any other entities under the ownership of Morgan Stanley.
`
`If you have any questions, please contact the undersigned via telephone at 800-460-6617 opt 2 or fax to
`my attention at 201-377-0199. : B ’
`
`Sincerely,
`
`Leatrice Carey S e
`Legal and Compliance Director - -+ v ¢
`
`
`
`
`
`
`
`
`Filing # 195304826 E-Filed 04/02/2024 02:29:38 PM
`
`IN THE CIRCUIT COURT OF THE
`ELEVENTH JUDICIAL CIRCUIT IN
`AND FOR MIAMI-DADE COUNTY,
`FLORIDA
`
`CASE NO.: 2022-021438-CA-01
`AIM RECOVERY SERVICES, INC,,
`
`Plaintiff, : 4 [ 3 / Qfi 9/4
`
`(0
`Defendants. Q/-/ @,«/\,
`
`POST-JUDGMENT WRIT OF GARNISHMENT
`
`The State of Florida:
`To each Sheriff of the State:
`
`YOU ARE HEREBY COMMANDED to summon the gamishee, Morgan Stanley &
`Co., LL.C, c¢/o C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD
`PLANTATION, FL 33324, to serve an answer to this writ on Robert Stok, Esq., judgment
`creditor’s attorney, whose address is 1 East Broward Boulevard, Suite 915, Fort Lauderdale,
`Florida 333013 within 20 days after service on the garnishee, exclusive of the day of service, and
`to file the original with the clerk of this court either before service on the attorney or immediately
`thereafter, stating whether:the garnishee is indebted to or in the possession of properties of funds
`belonging to Debtors Gary Nader, Gary Nader Corporation, and Nader + Museu I, LLLP,
`including in Gary Nader Corporation account number -at the time of the
`answer or was indebted at the time of service of the writ, or at any time between such times, or at
`any time in the future, and in what sum and what tangible and intangible personal property of the
`
`defendants the garnishee is in possession or control of at the time of the answer or had at the time
`
`
`
`
`
`
`
`
`2022-021438-CA-01
`
`of service of this writ, or at any time between such times or at any time in the future, and whether
`the garnishee knows of any other person indebted to the defendant or who may be in possession
`of control of any of the property of the defendant.
`
`The face amount of Plaintiff’s judgments against Debtors Gary Nader, Gary Nader
`Corporation, and Nader + Museu I, LLLP is $216,814.42, and there remains ‘a balance due and
`owing on the judgments against the Debtors in the amount of $216,814.42, with interest accruing
`at the Florida judgment rate from April 1, 2024,
`
`4/3/2024
`Dated: '
`
`Clerk of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida
`
`. b >
`Juan Fernandez-Barquin, BY- ‘ & ? epé‘wgg ; ! N
`Clerk of the Court and Comptroller . TH 3
`A
`
`wl Deputy Cler‘k,_‘:\m
`
`_ NOTICE TO DEFENDANT OF RIGHT
`AGAINST GARNISHMENT OF WAGES, MONEY, AND OTHER PROPERTY
`
`The Writ of Garnishment delivered to you with this Notice means that wages, money, and
`other property belonging to you have been garnished to pay a court judgment against you.
`HOWEVER, YOU MAY BE ABLE TO KEEP OR RECOVER YOUR WAGES, MONEY, OR
`PROPERTY. READ THIS NOTICE CAREFULLY.
`
`State and federal laws provide that certain wages, money, and property, even if deposited in a
`bank, savifigs and loan, or credit union, may not be taken to pay certain types of court judgments.
`Such wages, money, and Eroperty are exempt from garnishment. The major exemptions are listed
`below on the férm for Clair.fl' of Exemption and Request for Hearing. This list does not include all
`
`possiblé ,e'xemptions. You should consult a lawyer for specific advice.
`
`
`
`
`
`
`
`
`
`IF AN EXEMPTION FROM GARNISHMENT APPLIES TO YOU AND YOU WANT
`
`TO KEEP YOUR WAGES, MONEY, AND OTHER PROPERTY FROM BEING
`
`GARNISHED, OR TO RECOVER ANYTHING ALREADY TAKEN, YOU MUST
`
`COMPLETE A FORM FOR CLAIM OF EXEMPTION AND REQUEST FOR HEARING
`
`AS SET FORTH BELOW AND HAVE THE FORM NOTARIZED. IF YOU HAVE A
`
`VALID EXEMPTION, YOU MUST FILE THE FORM WITH THE CLERK’S OFFICE
`
`WITHIN 20 DAYS AFTER THE DATE YOU RECEIVE THIS NOTICE OR YOU MAY
`
`LOSE IMPORTANT RIGHTS. YOU MUST ALSO MAIL OR DELIVER A COPY OF
`
`THIS FORM TO THE PLAINTIFF OR THE PLAINTIFF’S ATTORNEY AND THE
`
`GARNISHEE OR THE GARNISHEE’S ATTORNEY AT THE ADDRESSES LISTED
`
`ON THE WRIT OF GARNISHMENT. NOTE THAT THE FORM REQUIRES YOU TO
`
`COMPLETE A CERTIFICATION THAT YOU MAILED OR HAND DELIVERED
`
`COPIES TO THE PLAINTIFF OR THE PLAINTIFF’S ATTORNEY AND THE
`
`GARNISHEE OR THE GARNISHEE’S ATTORNEY.
`
`If you request a hearing, it will be held as soon as possible after your request is received by the
`court. The plaintiff or the plaintiff’s attorney must file any objection within 8 business days if you
`hand delivered to the plainiff or the plaintiff’s attorney a copy of the form for Claim of Exemption
`and Request for Hearing or, alternatively, 14 business days if you mailed a copy of the form for
`claim and request to the plaintiff or the plaintiff’s attorney. If the plaintiff or the plaintiff’s attorney
`files an objection to your Claim of Exemption and Request for Hearing, the clerk will notify you
`and the other parties of the time and date of the hearing. You may attend the hearing with or
`
`without an attorney. If the plaintiff or the plaintiff’s attorney fails to file an objection, no hearing
`
`
`
`
`
`
`
`
`is required, the writ of garnishment will be dissolved and your wages, money, or property will be
`
`¢
`
`released. »
`IF YOU HAVE A VALID EXEWTION; YOU- SHOUfiD FILE THE FORM FOR CLAIM
`OF EXEMPTION IMMEDIATELY TO KEEP YOUR WAGES, MONEY, OR
`PROPERTY FROM BEING APPLIED TO THE COURT JUDGMENT. THE CLERK
`CANNOT GIVE YOU LEGAL ADVICE. IF YOU NEED LEGAL ASSISTANCE YOU
`SHOULD SEE A LAWYER. IF YOU CANNOT AFFORD A PRIVATE LAWYER,
`LEGAL SERVICES MAY BE AVAILABLE. CONTACT YOUR LOCAL BAR
`ASSOCIATION OR ASK THE CLERK’S OFFICE ABOUT ANY LEGAL SERVICES
`
`PROGRAM IN YOUR AREA.
`
`CLAIM OF EXEMPTION AND
`REQUEST FOR HEARING
`
`I claim exemptions from garnishment under the following categories as checked:
`1. Head of family wages. (Check either a. or b. below, if applicable.)
`
`a. I provide more than one-half of the support for a child or other dependent and have net
`earnings of $750 or less per week.
`
`b. Iprovide more than one-half of the support for a child or other dependent, have net
`earnings of more than $750 per week, but have not agreed in writing to have my wages
`garnished.
`
`Social Security benefits.
`
`Supplemental Security Income benefits.
`
`Public assistance (welfare).
`
`Workers’ Compensation.
`
`Reemployment assistance or unemployment compensation.
`Veterans’ benefits. '
`Retirement or profit-sharing benefits or pension money.
`
`© 0 N AW
`
`. Life insurance benefits or cash surrender value of a life insurance policy or proceeds of
`annulty contract.
`
`10. Disability income benefits.
`11. Prepaid College Trust Fund or Medical Savings Account.
`
`
`
`
`
`
`
`
`12. Other exemptions as provided by law.
`(explain)
`
`I'request a hearing to decide the validity of my claim. thice of the hearing should be given to
`me at: | ' -
`
`Address:
`
`Telephone number: o
`
`I CERTIFY UNDER OATH AND PENALTY OF PERJURY that a copy of this CLAIM OF
`EXEMPTION AND REQUEST FOR HEARING has been furnished by (circle one)United
`States mail or hand delivery on , to:
`
`IFURTHER CERTIFY UNDER OATH AND PENALTY OF PERJURY that the statements
`made in this request are true to the best of my knowledge and belief.
`
`Defendant’s signature
`Date
`
`STATE OF FLORIDA
`COUNTY OF
`
`Sworn and subscribed to before me this day of , by
`
`Notary Public/Deputy Cle-,rl_(
`Personally Known OR Produced Identification
`Type of Identification Produced
`
`
`
`
`
`
`
`
`