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Fed court orders ASG to pay up now to Marisco

BOH to turn money over
fili@samoanews.com

The federal court in Honolulu has issued a Writ of Execution against the American Samoa Government following a request by Marisco Limited, the Honolulu-based shipyard, that sued ASG for failure to pay some $800,000 in repairs and services provided some two years ago; and Bank of Hawai’i will turn the money over after its bank costs are approved and a certified copy of the final judgement is received.

The case went through a federal arbitration, who issued a “decision and award” which specifically states that “the ASG is to pay Marisco... $811,631.87, plus interest on that amount at the rate of .43% per year — not compounded — from Sept. 1, 2009 until paid, plus cost of $12,439.28.”

In a motion filed Jun. 7, Marisco points out that the court entered judgement in this matter on May 1, 2012 in favor of Marisco and against ASG. It also says that no appeal has been noticed by ASG and no payment has been made by ASG on the judgement.

Marisco asked the court to grant its Ex Parte Motion and instruct the Clerk of the Court to execute the Writ of Execution against ASG. On June 13, the court granted the motion and ordered the issuance of the Writ of Execution against ASG.

The Writ outlines the May 1 judgement against ASG and the total amount owed.

“...you are hereby commended to satisfy the said judgement out of the personal property of the said judgement Debtor and if sufficient personal property cannot be found, then out of the real property belonging to such judgement debtor at the time the said judgement entered in the Office of the Clerk of this court, or at any time thereafter, in whosoever hands the same may be and that you do pay the moneys realized by you from such property directly to Marisco, Ltd. or to their attorney in the said action and return this execution and your proceedings...within one year after the date” of the issuance of the writ by the Clerk of the court, according to the Writ.

Court records show that the certificate of service on this matter was served on the ASG attorney via federal electronic filing.

On Monday this week, Bank of Hawai’i’s Legal and Custody Department responded to the Writ of Execution, saying that it was served with the Writ on June 20 and at the time it was served, there were funds with Bank of Hawai’i for ASG in the amount of $824,166.15 and that a charge of $95 has been assessed for service of legal process, leaving a balance of $824,071.15.

According to the bank, it was not indebted to ASG, it did not have any goods or effects of ASG and it was not the agent, factor or trustee of ASG. The bank asked the court to be awarded costs and that a certified copy of the final judgement be required to be served on the bank with the statement that at the time of its rendition no appeal or execution has been noted.

No other additional information was available on electronic court records as to when the money at the bank will be turned over to the court to satisfy this judgement, nor was there an indication which account or accounts are being used to pay the judgement. 

This case stems from a civil action suit filed by Honolulu-based Marisco in March 2010 alleging a breach of contract and claiming that ASG still owed $832,671 in unpaid services, repairs and modifications for the tug boat Sailele, as well as services provided to two ASG barges (which were bought from Marisco).



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