Opinion
Case No. 2:00CR00460-001
May 26, 2004
PAUL M. WARNER, JAN N. ALLRED, Salt Lake City, Utah, for the United States of America
ORDER
The Court, having received the Stipulation of the parties datedMay 25, 2005 and good cause appearing therefor,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 1. Judgment was entered on June 22, 2001 in the total sum of $24,416.00 in favor of the United States of America (hereafter the "United States") and against David Carter (hereafter "Carter").
2. Carter has agreed to pay and the United States has agreed to accept monthly installment payments from him in the amount of $300.00 commencing on the 15th day of June, 2004 and continuing thereafter on the 15th day of each month for a period of 12 months. At the end of said time period, and yearly thereafter, Carter shall submit a current financial statement to the United States Attorney's Office. This payment schedule will be evaluated and may be modified, based on the documented financial status of Carter.
3. In addition to the regular monthly payment set forth in paragraph 2, above, Carter has agreed that the United States may submit his debt in the above-captioned case to the State of Utah and the U.S. Department of Treasury for inclusion in the State Finder program and the Treasury Offset program. Carter understands that under these programs, any state or federal payment that he would normally receive may be offset and applied toward the debt in the above-captioned case.
4. Carter shall submit all financial documentation in a timely manner and keep the United States Attorney's Office apprised of the following:
a. Any change of address; and b. Any change in employment.
5. The United States has agreed to refrain from execution on the judgment so long as Carter complies strictly with the agreement set forth in paragraphs 2 and 4, above. In the event Carter fails to comply strictly with the terms set forth in the Stipulation dated May 25, 2004, the United States may move the Court ex parte for a writ of execution and/or a writ of garnishment or any other appropriate order it deems necessary for the purpose of obtaining satisfaction of the judgment in full.