United States of America v. Richmond

Filing 32

AGREED FINAL ORDER of Garnishment (Kaman Corporation). Signed by District Judge Geoffrey W Crawford on 10/8/2024. (law)

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UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT

UNITED STATES OF AMERICA,
Plaintiff,

v.

Misc. No. 5:14-MC-7

SCOTT A. RICHMOND,

Related to Docket No. I :08-CR-77

Defendant,
and
KAMAN CORPORATION, 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 Vennont, the Defendant, Scott Richmond C'Defendant"), and the
Garnishee, Kaman Corporation ("Garnishee"), agree and stipulate as follows:
1.

The Defendant's name is Scott Richmond and the last known address is Bennington,

Vennont.
2.

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

$367,100.50. The total balance due on the Judgment is $287,603.40, as of August 9, 2024.
3.

The Garnishee, whose address is 25 Performance Drive, Bennington, Vermont, has

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

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 his 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 fifteen percent (15%) per
pay period from Defendant's disposable earnings. See 15 U.S.C. § l673(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

the Defendant shall provide a new financial statement, tax returns, or any other financial
infonnation. 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 Scott Richmond in the

previous action, Docket No. I :08-CR-77. 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
1 0.

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 he may have under 28 U.S.C. §
3205( c )(9) to any automatic accounting.
APPROVED AND SO ORDERED this 8th day of October, 2024.

Isl Geoffrey W. Crawford
United States District Judge

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