Opinion
Case No. 2:01CV 0606J
December 5, 2003
PAUL M. WARNER, JAN N. ALLRED, Salt Lake City, Utah, for the United States of America,
ORDER REGARDING WRIT OF GARNISHMENT
The Court, having received the Stipulation of the parties dated December 2, 2003, and good cause appearing therefor,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1. Judgment was entered in the total sum of $5,638.95 in favor of the United States of America (hereafter the "United States") and against Leatasina Falatea, aka Leatasina Lafi Falatea, aka Sina Falatea, aka Leatasina Lafi Tuiletufuga, aka Leatasina L. Tuiletufuga (hereafter "Falatea").
2. A Final Order in Garnishment was entered on August 1, 2002.
3. On August 8, 2002, the Final Order in Garnishment was mailed to Discover Financial, Garnishee (hereafter the "Garnishee") and to Falatea on August 1, 2002.
4. In lieu of the garnishment, Falatea has agreed to pay through payroll deductions from her wages the sum of $100.00 per pay period to the United States commencing with the pay period ending on November 28, 2003, and continuing thereafter each pay period for twelve months. At the end of the twelve month period, and yearly thereafter, Falatea 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 Falatea, If Falatea attempts to stop or decrease the payroll deductions of $100.00, the Garnishee is ordered to commence withholding 25% of Falatea's net wages payable to the United States until the judgment is paid in full as outlined in the Final Order In Garnishment entered on August 1, 2002.
5. Falatea 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.
6. The United States has agreed to refrain from execution on the judgment so long as Falatea complies strictly with the agreement set forth in paragraphs 4 and 5 above. In the event Falatea fails to comply strictly with the terms set forth in the Stipulation dated the United States may reinstate the garnishment by letter to the garnishee.