U.S. v. Gifford

Full title: UNITED STATES OF AMERICA, Plaintiff, v. CRAIG P. GIFFORD, Defendant

Court: United States District Court, D. Utah, Central Division

Date published: Jun 29, 2004

Case No. 94-C-224S (D. Utah Jun. 29, 2004)

Opinion

Case No. 94-C-224S.

June 29, 2004

PAUL M. WARNER, United States Attorney, JAN N. ALLRED, Assistant United States Attorney, Attorneys for the United States of America, Salt Lake City, Utah.

CRAIG P. GIFFORD, Defendant.

ORDER

DAVID SAM, Senior District Judge

The Court, having received the Stipulation of the parties datedJune 28, 2004, and good cause appearing therefor,

IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

1. Judgment was entered on April 23, 1990 in the total sum of $69,726.91 in favor of the United States of America (hereafter the "United States") and against Craig P. Gifford (hereafter "Gifford").

2. Gifford has agreed to pay and the United States has agreed to accept monthly installment payments from Gifford in the amount of $500.00 commencing on the 1^st day of July, 2004 and continuing thereafter on the 1^st day of each month for a period of 12 months. At the end of said time period, and yearly thereafter, Gifford 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 Gifford.

3. In addition to the regular monthly payment set forth in paragraph 2, above, Gifford has agreed that the United States may submit 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. Gifford understands that under these programs, any state or federal payment that would normally receive may be offset and applied toward the debt in the above-captioned case.

4. Gifford 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 Gifford complies strictly with the agreement set forth in paragraphs 2 and 4, above. In the event Gifford fails to comply strictly with the terms set forth in the Stipulation dated June 28, 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.