Pocatello Railroad Federal Credit Union v. Snipe

3 NICS App. 341, Pocatello Railroad Federal Credit Union v. Snipe (August 1994)

IN THE SHOSHONE-BANNOCK TRIBAL COURT OF APPEALS

FORT HALL RESERVATION

FORT HALL, IDAHO

No. C-93-11/App-94-02 (August 9, 1994)

SUMMARY

Appeal from order of the trial court denying Appellant creditor's motion for Writ of Execution and Garnishment. At the appeals hearing, parties reached a settlement agreement which was approved by the Appellate Court.

FULL TEXT

Before: Justice David Harding.

Appearances: Charles Johnson, attorney for Appellant, Pocatello Railroad Federal Credit Union; Velma Snipe, pro se Respondent; Bill Hayes, consumer advocate for Respondent.

NATURE OF ACTION

Plaintiff Credit Union brought an action against Defendant seeking payment and an order for repossession of truck due to Defendant's default on loan payments. Trial Court ordered repossession of defendant's truck. Defendant moved for a stay of execution, which was denied.

Plaintiff then filed a petition for money judgment and for Writs of Garnishment and Execution. Trial Court denied Plaintiff's motion on grounds that Defendant's expenses already exceeded her income such that garnishment would impose undue hardship, and that Plaintiff had failed to disclose adequate assets upon which execution could be had. Plaintiff appeals the Trial Court order.

HARDING, Justice:

The above entitled matter came on for hearing on the appeal of the Pocatello Railroad Federal Credit Union for a writ of execution against Velma Snipe on August 1, 1994, at approximately 3:00 p.m. The Court heard representations from each party on settlement. The Court then strongly encouraged the parties to reach a settlement agreement stating that all just and equitable debts should be paid. The parties took several recesses to discuss settlement.

3 NICS App. 341, Pocatello Railroad Federal Credit Union v. Snipe (August 1994) p. 342

The parties then reached a settlement which was placed on record in the Court. This settlement provides as follows:

1. The stipulated amount of the debt due and owing between the parties was found by Judge Bacon as $7,881.46. If Velma Snipe makes all payments required by this stipulation in the total amount of $7,881.46, then there shall be no further interest, costs, expenses or attorney fees added to this judgment.

2. Velma Snipe shall pay $50 per month to the Pocatello Railroad Federal Credit Union beginning on August 15, 1994, and on the 15th day of each subsequent month until March 15, 1995, when her debt to Blazer is paid off.

3. Beginning on April 15, 1995, and continuing on the 15 day of each month thereafter until November 15, 1995, Velma Snipe shall pay the Pocatello Railroad Federal Credit Union $150 per month (to make up for the reduced payments while the Blazer debt was unpaid.)

4. Beginning on December 15, 1995, and continuing thereafter until the entire principal amount of $7,881.46 is paid in full, Velma Snipe shall pay the Pocatello Railroad Federal Credit Union $100 per month on the 15th day of each month.

5. The Defendant debtor, Velma Snipe, agrees, and the Court shall order, that these monthly payments shall be automatically withheld from the paycheck of Velma Snipe by her employer at the Shoshone Bannock Tribes, Payroll Department, P.O. Box 306, Fort Hall, Idaho 83023; who shall then forward these monthly payments to the Pocatello Railroad Federal Credit Union at P.O. Box 1450, Pocatello, Idaho 83204.

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the above Stipulation dated August 1, 1994, between Debtor Velma Snipe and Creditor Pocatello Railroad Federal Credit Union which was put on the record is hereby approved and the provisions thereof are adopted as the order of the Court. This agreement may be enforced by parties by all means allowable by law. This resolves these matters, each party to bear their own costs and attorney fees to date.