United States of America v. Martin et al

Filing 16

FINDINGS OF FACT AND ORDER that the Defendants shall have twenty (20) days, or until May 18, 2016, to file a responsive pleading, at which time the matter will be set for further hearing. If no response is filed, the Plaintiff will have the right to sell the above-named property and apply the proceeds first to costs, then to the outstanding indebtedness. Surplus funds, if any, will be paid into the Clerk of the District Court pending further Order. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(LAC)

rlLEO
U. S. DISTRICT COUH l
IN THE UNITED STATES DISTRICT COURT DISTf~!CT OF NEBfV\SKt.

FOR THE DISTRICT OF NEBRASKA

2016 APH 29 PM t1: 00

UNITED STATES OF AMERICA,
Plaintiff,
vs.
SCOTT L. MARTIN and
MICHELLE L. MARTIN,

4:16CV3052
FINDINGS OF FACT
AND ORDER

Defendants.
Hearing was held before the Honorable John M. Gerrard, Judge of the
Federal District Court, on April 28, 2016, to determine the Plaintiffs right of
possession and request for delivery of the following described property: 2011
Trail Runner Camper, 30FQBS, serial number 5SFEB3422BE214746 located
in Red Willow County, Nebraska. The Court, having considered the
testimony and evidence submitted, finds as follows;
1.

On or about April 11, 2013, for value received, the Defendants,

Scott L. Martin and Michelle L. Martin, executed and delivered to the United
States of America, acting through the Farm Service Agency (FSA), an Agency
of the United States Department of Agriculture, a promissory note in the
principal sum of $28,000.00, with interest thereon at a rate of 1.250 percent
per annum.
2.

To secure payment of the promissory note, the Defendants, Scott

L. Martin and Michelle L. Martin, executed and delivered to Plaintiff a

will enter a separate Order of Delivery directing the Red Willow County
Sheriff to deliver the subject property to the possession of the FSA.
7.

The United States is not required to post bond pursuant to 28

U.S.C. §2408; therefore no bond is ordered.
The Defendants shall have twenty (20) days, or until May 18, 2016, to
file a responsive pleading, at which time the matter will be set for further
hearing. If no response is filed, the Plaintiff will have the right to sell the
above-named property and apply the proceeds first to costs, then to the
outstanding indebtedness. Surplus funds, if any, will be paid into the Clerk of
the District Court pending further Order.
Dated: April 29, 2016.
BY THE COURT:

nM. Gerrard
ited States District Judge

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