Opinion
Case No. 2:98CR00102-001.
June 5, 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.
ORDER REGARDING WRIT OF GARNISHMENT AND FINAL ORDER IN GARNISHMENT
The Court, having received the Stipulation of the parties datedJune 3, 2004, and good cause appearing therefor,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1. Judgment was entered in the total sum of $4,505.59 in favor of the United States of America (hereafter the "United States") and against Robert Wendell Hutton (hereafter "Hutton").
2. A Writ of Garnishment was entered by the Clerk of the Court on May 21, 2004 based upon Application by the United States.
3. On May 25, 2004, the Writ was served on the University of Utah, Garnishee (hereafter the "Garnishee") and Hutton on May 28, 2004.
4. Hutton has waived his right to request a hearing of the garnishment pursuant to 28 U.S.C. § 3001, et. Seq., waived his right to raise objections regarding payment by the garnishee, and waived his right to an accounting from the United States according to 28 U.S.C. § 3205(c)(9)(B).
5. In lieu of the garnishment, Hutton has agreed to pay through payroll deductions from his wages in the sum of $50.00 per pay period to the United States commencing with the beginning of the next pay period ending May 31, 2004, and continuing thereafter each pay period for twelve months. At the end of the twelve month period, and yearly thereafter, Hutton 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 Hutton.
6. Hutton 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.
7. Hutton has agreed that a Final Order in Garnishment be issued.
IT IS HEREBY ORDERED that beginning with the pay period ending May 31, 2004 and each pay period thereafter, the garnishee shall remit $50.00, which is the payroll deduction amount.
IT IS FURTHER ORDERED that upon receipt of a letter from the United States to reinstate the garnishment or if Hutton attempts to stop or decrease the payroll deductions of $50.00, the Garnishee is ordered to commence withholding 25% of Hutton's net wages payable to the United States until the judgment is paid in full.
8. The United States has agreed to refrain from execution on the judgment so long as Hutton complies strictly with the agreement set forth in paragraphs 5 and 6 above. In the event Hutton fails to comply strictly with the terms set forth in the Stipulation dated June 3, 2004, the United States may reinstate the garnishment by letter to the garnishee.