United States of America v. Cote

Filing 24

AGREED FINAL ORDER of Garnishment (Shaws Supermarket, Inc.). Signed by Judge William K. Sessions III on 1/4/2023. (law)

Case 2:21-mc-00132-wks Document 24 Filed 01/04/23 Page 1 of 4

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT
UNITED STATES OF AMERICA,
Plaintiff,
Misc. No. 2:21-MC-132

v.
MANON COTE,

Related to Docket No. 1:13-CR-00041-001

Defendant,
and
SHAWS SUPERMARKET, INC., and its
successors or assigns,
Garnishee.
AGREED FINAL ORDER OF GARNISHMENT
The parties, the United States of America, by its attorney, Nikolas P. Kerest, United States
Attorney for the District of Vermont, the Defendant, Manon Cote (“Defendant”), and the Garnishee,
Shaws Supermarket, Inc. (“Garnishee”), agree and stipulate as follows:
1.

The Defendant's name is Manon Cote and the last known address is Orleans,

Vermont.
2.

A Judgment was entered against the Defendant in this action in the amount of

$368,245.37. The total balance due on the Judgment is $340,440.55, as of December 5, 2022.
3.

The Garnishee, whose address is 250 E. Parkcenter Blvd, Boise, Idaho 83706, has

in its possession, custody, or control property of the Defendant in the form of wages paid to the
Defendant.

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4.

The Defendant waives services of an application for a writ of continuing

garnishment pursuant to Section 3205 of the Federal Debt Collection Procedures Act of 1990
(“FDCPA”), 28 U.S.C. § 3205, and further waives Defendant’s right to a hearing under section
3205 and any other process to which the Defendant may be entitled under the FDCPA.
5.

The Garnishee also waives service of an application for a writ of continuing

garnishment pursuant to 28 U.S.C. § 3205 and further waives its right to answer and waives being
heard in this matter and any other process to which the Garnishee may be entitled under the FDCPA.
6.

The Defendant agrees and stipulates that her wages are subject to garnishment under

28 U.S.C. § 3205 and expressly agrees and stipulates that the entry of a final order in garnishment
is proper.
7.

The parties therefore agree and stipulate to the entry of a Final Order in Garnishment

against the nonexempt wages of the Defendant. It is expressly agreed and stipulated to by the parties
that the Garnishee shall pay into the hands of the United States Attorney twenty percent (20%) per
pay period from Defendant's disposable earnings. See 15 U.S.C. § 1673(a).
To calculate disposable earnings, subtract the following from wages, commissions, and
income: 1) Federal income tax; 2) FICA tax; 3) State income tax; and 4) State statutory
withholdings.
8.

It is further stipulated that upon request of the Office of the United States Attorney

or U.S. Probation Office the Defendant shall provide a new financial statement, tax returns, or any
other financial information. After review of the updated financial information, payments may
change in accordance with current financial status.

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9.

These sums will be applied to the judgment rendered against Manon Cote in the

previous action, Docket No. 1:13-CR-00041-001. These payments are to continue until the unpaid
balance is fully paid and satisfied.
Checks should be made payable to: "Clerk, U.S. District Court” and mailed to:
Clerk, U.S. District Court
P.O. Box 945
Burlington, VT 05402-0945
10.

Nothing in this agreement prevents the United States from pursuing administrative

offsets of any funds owed to the defendant by any government agency, including the Internal
Revenue Service, and the Defendant specifically consents to any such offset. Any payments applied
to this claim by the Internal Revenue Service as a result of tax return offsets will be credited as a
payment to the existing balance but will not interrupt the periodic payments withheld from wages
described above unless it results in payment in full.
11.

The Defendant can at any time, request an accounting of the funds garnished.

However, the Defendant hereby knowingly waives any rights that she may have under 28 U.S.C. §
3205(c)(9) to any automatic accounting.
APPROVED AND SO ORDERED this ____ day of January 2023.
________________________________
WILLIAM K. SESSIONS III
United States District Judge

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