IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

United States of America,

Plaintiff, 

v. Civil No. 08-221-PB

Robert A. Tillson, 

Defendant. 

CONSENT DECREE AND ORDER OF PAYMENT

Plaintiff, the United States of America, having filed its

Complaint in the captioned action, and the defendant, having

consented to the entry of Judgment without trial, hereby agree as

follows:

1. This Court has jurisdiction over the subject matter of

this litigation and over all parties thereto. 

2. Defendant hereby agrees to entry of Judgment in the sum

of $44,064.87 (principal of $26,382.13, interest of $17,313.14

computed through November 4, 2008, service fees of $19.60 and a

filing fee of $350.00 allowed pursuant to 28 U.S.C. §

2412(a)(2)), plus interest at the rate of 5.82% from November 4,

2008, to the date of judgment, and interest at the legal rate

from the date of judgment until paid in full.

3. Plaintiff's consent to the entry of this Order of

Payment is based upon certain financial information which

defendant has provided to plaintiff and the defendant's express

representation to plaintiff that he is unable to presently pay

the amount of indebtedness in full. The plaintiff's consent to

the entry of this Order of Payment also is based upon the further

representation of the defendant that he will well and truly honor

Case 1:08-cv-00221-PB Document 9 Filed 11/06/08 Page 1 of 5
2

and comply with the Order of Payment entered in this case which

provides terms and conditions for the defendant's payment of the

Judgment, together with accrued interest, in regular monthly

installment payments, as follows:

(a) Beginning on or before the 25th day of November, 2008,

the defendant shall tender to the United States a check or money

order, payable to the U.S. Department of Justice, in the amount

of $300.00 and shall tender a like sum on or before the 25th day

of each month thereafter until the entire amount of the Judgment,

together with accrued interest and costs, is paid in full. 

Defendant agrees to submit a new financial statement on or about

October 5 of each year and understands the payment amount may be

increased. 

(b) Defendant shall mail each monthly installment payment

to: United States Department of Justice, PO Box 70932, Charlotte,

NC 28272. The payment shall contain the USAO No. 2008A54681 in

the lower left-hand corner of the check.

(c) Each payment made by defendant shall be applied in

accordance with the U.S. Rule, i.e., first to the payment of

costs, second to postjudgment interest (as provided by 28 U.S.C.

§ 1961) accrued to the date of the receipt of the payment, and

the balance, if any, to the principal.

(d) Defendant shall keep the United States currently

informed, in writing, of any material change in his financial

situation or ability to pay, and of any change in his employment,

place of residence, or telephone number. Defendant shall provide

Case 1:08-cv-00221-PB Document 9 Filed 11/06/08 Page 2 of 5
3

such information to the United States Attorney at 53 Pleasant

Street, 4th Floor, Concord, NH 03301-3904.

(e) Defendant shall provide the United States with current,

accurate evidence of his assets, income and expenditures

(including, but not limited to, his Federal income tax returns)

within fifteen (15) days of a request for such evidence by the

United States Attorney.

(f) Defendant agrees to allow the U.S. Department of Justice

to submit this debt to Treasury for inclusion in the Treasury

Offset Program. Under this program, any federal payment the

defendant would normally receive may be offset and applied to

this debt. Payments shall be credited in accordance with the

U.S. Rule.

4. An Abstract of Judgment shall be recorded among the

records of the Registry of Deeds in the county of residence of

the defendant, and all other jurisdictions where it is determined

by the United States that the defendant owns real or personal

property. Notwithstanding the periodic payment schedule

specified in paragraph 3(a), the lien secured by the Abstract of

Judgment will not be released in anticipation of a sale or

transfer of defendant's real property until the United States

receives full payment of the balance of the Judgment or such

other lump sum as the United States may agree.

5. Defendant shall apply all monies received from income

tax refunds, lottery winnings, judgments, and/or any other

anticipated or unexpected financial gains to the outstanding

Case 1:08-cv-00221-PB Document 9 Filed 11/06/08 Page 3 of 5
4

court-ordered financial obligation. Such payments shall be made

in accordance with paragraph 3(b) above.

6. Default under the terms of the Consent Decree and Order

of Payment will entitle the United States to execute on the

Judgment without notice to the defendant. The parties agree that

the defendant shall be in default under the terms of the Order of

Payment if any payment is not received in the United States

Attorney's Office by the 5th calendar day after the payment due

date as specified in paragraph 3(a) above.

7. Defendant acknowledges that the debt which is the

subject of this Order of Payment originated from a debt for an

educational loan which remains subject to the exception from

discharge provisions of 11 U.S.C. § 523.

8. The defendant has the right of prepayment of this debt

without penalty.

9. The parties further agree that any Consent Decree and

Order of Payment which may be entered by the Court pursuant

hereto may thereafter be modified and amended upon stipulation of

the parties; or, should the parties fail to agree upon the terms

of a new stipulated Order of Payment, the Court may, after 

Case 1:08-cv-00221-PB Document 9 Filed 11/06/08 Page 4 of 5
5

examination of the defendant, enter a supplemental Order of

Payment.

THOMAS P. COLANTUONO

United States Attorney

By: /s/ Robert A. Tillson By: /s/ John J. Farley

Robert A. Tillson, pro se John J. Farley, AUSA (#16934)

36 Stonehouse Lane U.S. Attorney's Office

Keene, NH 03431 53 Pleasant Street, 4th Floor

Concord, NH 03301-3904

DATED: November 5, 2008 DATED: November 5, 2008 

APPROVED THIS DAY OF , 2008.

 ______________________________

U.S. District Court Judge

Case 1:08-cv-00221-PB Document 9 Filed 11/06/08 Page 5 of 5