Legal Opinion

United States v. Joyce Ashcraft

Court of Appeals for the Eighth Circuit

Decided October 9, 2013No. 12-2449PublishedCited by 8 opinions

1Opinion of the Court

MELLOY, Circuit Judge.

Joyce Ashcraft appeals the district court’s order denying her objection to the garnishment of her disability payments. The district court ruled Ashcraft’s disability payments were not “earnings” within the meaning of the Consumer Credit Protection Act (the “Act”), 15 U.S.C. § 1673(a), which limits garnishment of “earnings.” We reverse and hold Ash-craft’s disability payments are “earnings” within the meaning of the Act. We grant the government’s motion to strike and deny all other pending motions.

I

In 2004, Ashcraft pleaded guilty to several criminal charges. She was…

2Cases cited6 opinions

  1. Kokoszka v. BelfordSupreme Court of the United States · 1974
  2. Rousey v. JacowaySupreme Court of the United States · 2005
  3. Planned Parenthood Minnesota v. Mike RoundsCourt of Appeals for the Eighth Circuit · 2012
  4. Pallante v. International Venture Investments, Ltd.District Court, N.D. Ohio · 1985
  5. United States v. CunninghamDistrict Court, S.D. Iowa · 2012

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3Cited by8 opinions

  1. United States v. GreebelCourt of Appeals for the Second Circuit · 2022
  2. United States v. Corey KiddCourt of Appeals for the Eighth Circuit · 2022
  3. Ibrahim v. CommissionerCourt of Appeals for the Eighth Circuit · 2015
  4. United States v. Gary FranceCourt of Appeals for the Seventh Circuit · 2015
  5. Comerica Bank v. Michael KelmanMichigan Court of Appeals · 2018

3 more not listed; retrieve them via the Exa API.

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