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Fifth Circuit· 12/21/2007

United States v. Ekong

Citations

  • 518 F.3d 285
  • 2007 WL 4510897
  • 2007 U.S. App. LEXIS 29612

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that \addressee's 'bare assertion of non-receipt' is insufficient to rebut the assumption\ arising from the mailbox rule
  • holding that a criminal judgment specifying a restitution payment plant does not prevent the Government from requiring immediate payment by garnishment
  • noting that even an “addressee’s ‘bare assertion of non-receipt’ is insufficient to rebut the assumption.”
  • analyzing sworn statements and circumstantial evidence to determine the date on which the letter at issue was mailed
  • rejecting debtor’s contention that installment plan prevented garnishment because nothing in criminal judgement was contrary to statutes allowing government to enforce victim restitution orders under FDCPA
  • “A sworn statement is credible evidence of mailing for the purposes of the mailbox rule.”

Source: CourtListener parenthetical corpus (CC0).

Judges: King, Davis, Clement

Read full opinion on CourtListener

Cited by

17 cases in this archive cite this case.

Cites

4 cases in this archive are cited by this case.

Other cases named United States v. Ekong

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.