United States v. Tanya Marie Smith, (8th Cir. 2004)
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United States Court of Appeals FOR THE EIGHTH CIRCUIT
No. 03-2391
United States of America, Appellee, v. Tanya Marie Smith, also known as Tanya Marie McElroy, Appellant, TCF National Bank Minnesota, Garnishee.
Submitted: February 2, 2004
Filed: March 8, 2004
Before MELLOY, HANSEN, and COLLOTON, Circuit Judges.
PER CURIAM.
Pursuant to the Federal Debt Collection Procedures Act (FDCPA), 28 U.S.C. § 3205(b)(1), the government applied for and the district court1 issued a writ of garnishment to collect a criminal fine owed by Tanya Marie Smith. Smith objected to the writ and moved for a hearing, arguing that the fine was invalid and illegal in that it exceeded the maximum authorized by law at the time the fine was imposed. The court denied her request for a hearing and her objection. Smith appeals, arguing the district court erred in denying her objection because she was entitled to explain why she did not owe the debt.
The district court did not err in denying Smith§ 3202(d) (issues at FDCPA hearing limited to determining validity of any claim of exemption, governmentÂ’s compliance with statutory requirements, and validity of default judgments).
Accordingly, we affirm.
Appeal from the United States
District Court for the
District of Minnesota.
[UNPUBLISHED]
[1] The Honorable Paul A. Magnuson, United States District Judge for the District of Minnesota.
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