Opinion
Case No. 2:98CR00102-1
December 12, 2003
PAUL M. WARNER, United States Attorney JAN N. ALLRED, Assistant United St. Salt Lake City, Utah, Attorneys for the United States of America
ORDER
The Court, having received the stipulation of the parties dated december 10, 2003, and good cause appearing therefor.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1. Judgment was entered on March 26, 1999 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. Hutton has agreed to pay and the United States has agreed to accept installment payments from him in the amount of $50.00 commencing on the 10th day of September, 2003 and continuing on the 23rd day of September, the 7th day of October, the 22nd day of October and thereafter on the 15th day of cash month for a period of 12 months. At the end of said time 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.
3. In addition to the regular monthly payment set forth in paragraph 2, above, Hutton 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. Hutton* 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. 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.
5. 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 2 and 4, above. In the event Hutton fails to comply strictly with the terms set forth in the Stipulation dated december 10, 2003 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.