12-1598.16. Forms
A. The court, justice of the peace or city or town magistrate shall provide to the parties, at no charge, copies of the following documents:
1. The initial notice to judgment debtor and request for hearing form required to be delivered pursuant to section 12-1598.04.
2. The notice to judgment debtor and request for hearing form required to be delivered pursuant to section 12-1598.08.
3. The answer form required to be delivered pursuant to sections 12-1598.04 and 12-1598.08.
4. The instructions to garnishee required to be delivered pursuant to section 12-1598.04.
5. The nonexempt earnings statement required to be delivered pursuant to section 12-1598.11.
B. The initial notice to judgment debtor and request for hearing form shall be in a form prescribed by the supreme court and shall contain at a minimum the following:
1. An explanation of the judgment debtor's rights and responsibilities relating to the garnishment procedure, including information concerning:
(a) Exemption rights.
(b) Grounds for objecting to the writ.
(c) The objection and hearing procedures.
2. A form on which the judgment debtor may request a hearing.
C. The initial notice to judgment debtor and request for hearing form prescribed by the supreme court shall be in substantially the following form:
Initial notice to judgment debtor
To collect his judgment against you the judgment creditor has asked this court to issue a writ of garnishment (see copy of writ attached). Information about the judgment and the name and address of the judgment creditor and garnishee are stated in the writ and the copy of the judgment, which is attached.
The writ of garnishment is a court order requiring the garnishee to withhold a certain amount from your earnings and to continue to withhold a portion of your earnings until the judgment is satisfied or the writ is quashed by the court or released by the judgment creditor.
The law provides that a certain amount of each paycheck or other earnings is exempt from collection by a writ of garnishment. In some cases of very low income no amount can be garnished except for an order for support of a person. Different exemption rights may apply to the collection of taxes.
Within ten days after the date the garnishee was served with the writ of garnishment, he is required to deliver to you the following documents:
1. Answer of garnishee.
2. Notice to judgment debtor, which explains your rights and the procedures in the garnishment process.
3. Request for hearing form, which you can use to request a hearing if you believe that the amount withheld from your earnings is greater than the law allows or that the garnishment is invalid.
On each normal payday you should receive some earnings (paycheck) for the amount the garnishee calculates is protected by law. That calculation is made on a nonexempt earnings statement, a copy of which should accompany your paycheck. If the judgment creditor's debt is subject to an effective agreement for debt scheduling between you and a qualified debt counseling organization and if you do not receive a paycheck, or if a copy of the nonexempt earnings statement does not accompany your paycheck, you may request a hearing.
To request a hearing for the reasons described above, fill out the attached request for hearing form and deliver it to this court's clerk's office. At the same time you must deliver a copy (photocopy or handwritten) of the request for hearing to the garnishee and to the judgment creditor, or his attorney, at the address stated on the writ of garnishment.
You will also be given an opportunity to request a hearing after you receive the answer of garnishee. A request for hearing can be made no later than ten days after you receive the answer of garnishee, unless good cause is shown why the request was filed later.
If you request a hearing, the court or justice of the peace will set the hearing within ten days of the date you submitted your request for hearing, and the court will notify you, the judgment creditor and the garnishee of the date, time and place of the hearing.
Request for hearing
I request a hearing because:
_____ On my normal payday I received no earnings (paycheck).
_____ A copy of the nonexempt earnings statement did not accompany my paycheck.
_____ The judgment creditor does not have a valid judgment against me or that judgment has been paid in full.
_____ My employer has not delivered to me the notice to judgment debtor answer of garnishee (employer) and request for hearing forms within fifteen days.
_____ The debt of the judgment creditor is subject to an effective agreement for debt scheduling between me and a qualified debt counseling organization.
Dated: ___________________________________
___________________________________________
Name (print)
___________________________________________
Signature
___________________________________________
Address
___________________________________________
City, state, zip code
___________________________________________
Telephone number
D. At the top of the first page of the initial notice to judgment debtor described in subsections C and E of this section a Spanish translation shall be printed of the language below:
The court has issued an order for your employer to take part of your salary and pay your creditor until the judgment against you is paid off. According to the law, your creditor has a right to only part of your salary. Below there is an explanation of your rights. A written Spanish translation of the notice below can be obtained at the court.
E. The notice to judgment debtor and request for hearing form shall be in a form prescribed by the supreme court and shall contain at a minimum the following:
1. An explanation of the judgment debtor's rights and responsibilities relating to the garnishment procedure, including information concerning:
(a) Exemption rights.
(b) Grounds for objecting to the writ.
(c) The objection and hearing procedures.
2. A form on which the judgment debtor may request a hearing.
F. The notice to judgment debtor and request for hearing form prescribed by the supreme court shall be in substantially the following form:
Notice to judgment debtor
This is your second notice that a writ of garnishment has been issued in this case. The writ is a court order requiring the garnishee to withhold a certain amount from your earnings and to continue to withhold a portion of your earnings until the judgment is satisfied or the writ is quashed.
The law provides that a certain amount of each paycheck or other periodic earnings is exempt from collection by a writ of garnishment. In some cases of very low income no amount can be garnished except for an order for support of a person.
If you believe that too much of your earnings have been withheld from your paycheck or that no amount should be withheld you may request a hearing before this court. Among the reasons for requesting a hearing are:
1. The judgment creditor does not have a valid judgment against you or the judgment has been paid in full.
2. The garnishee's answer is incorrect.
3. Your earnings are already subject to a writ of garnishment or are subject to a court ordered assignment for payment of support.
4. The judgment creditor's debt is subject to an effective agreement for debt scheduling between you and a qualified debt counseling organization.
To request a hearing, deliver the request for hearing form appearing below, or a substantially similar form, to the clerk of this court or the justice of the peace. You must mail or deliver a copy of the request for hearing to the garnishee and to the judgment creditor or his attorney at the address on the writ of garnishment.
If you do not deliver the request for hearing form to this court within ten days after the date you receive this notice and the answer of the garnishee, your request for hearing will be denied, unless good cause for the delay is shown. You must check a box or state your reasons for disputing the claim in the space provided on the form.
If you request a hearing, it will be conducted no later than ten days after your request is received by the court. The court will send you notice of the date, time and place.
The nonexempt portion of your earnings will continue to be withheld by the garnishee and delivered to the judgment creditor until the judgment is paid in full, or the garnishment is ordered to stop. Whether or not you request a hearing at this time, if you believe too much money is withheld from your earnings pursuant to this garnishment at some time in the future, you will have the same opportunity to request a hearing at that time.
Request for hearing
I request a hearing because:
_____ The judgment creditor does not have a valid judgment against me.
_____ The judgment has been paid in full.
_____ The garnishee's answer is incorrect.
_____ My earnings are already subject to a writ of garnishment or court ordered assignment for payment of support.
_____ Other: ___________________________________________________________.
___________________________________________
Name (print)
___________________________________________
Signature
___________________________________________
Address
___________________________________________
City, state, zip code
___________________________________________
Telephone number
Warning: You waive your right to a hearing on the monies withheld in this pay period unless you file this request for hearing within ten days after receiving the garnishee's answer or show good cause for filing the request late.
G. The answer form shall be in a form prescribed by the supreme court and shall require at a minimum that the answer of the garnishee set forth those items required to be set forth pursuant to section 12-1598.08, subsection B.
H. The instructions to garnishee shall be in a form prescribed by the supreme court and shall contain at a minimum:
1. An explanation of the garnishee's responsibilities relating to the garnishment procedure, including instructions for the proper completion of the required forms and statements.
2. A notice to the garnishee concerning the provisions of section 12-1598.13.
I. The nonexempt earnings statement shall be in a form prescribed by the supreme court and shall contain at a minimum:
1. A formula for the calculation of the nonexempt earnings of a judgment debtor, pursuant to applicable state and federal law.
2. A form on which the judgment debtor may request a hearing.
J. The nonexempt earnings statement shall be in a form prescribed by the supreme court, and for an underlying judgment that is not based on an order for support of a person shall be in substantially the following form:
Nonexempt earnings statement
(Judgment not for support)
Pay period __________________ to ____________________
(beginning date) (ending date)
(answer all pertinent questions)
| 1. The judgment debtor | yes no |
| is an employee or is otherwise owed earnings. If the answer is " no" , give the judgment debtor's last date of employment by your firm or the last date for which earnings are owed. | 1. __________________ (date) |
| 2. For the earnings of the judgment debtor for this pay period enter all of the following: | |
| (a) Gross earnings. | 2.(a) _______________ |
| (b) Disposable earnings (gross earnings minus deductions required by law). | 2.(b) _______________ |
| (c) Enter twenty-five per cent of line 2(b). | 2.(c) _______________ |
| 3. The current federal minimum wage is $_____ per hour. Enter one of the following using an appropriate pay period: weekly (thirty times minimum wage), biweekly (sixty times minimum wage), semimonthly (sixty-five times minimum wage), monthly (one hundred thirty times minimum wage). | 3. __________________ |
| 4. Subtract line 3 from line 2(b) and enter. | 4. __________________ |
| 5. Enter line 2(c) or line 4, whichever is smaller. | 5. __________________ |
| 6. Enter the amount withheld from the judgment debtor's earnings because of a court ordered assignment for support of a person or a garnishment or levy for the collection of taxes. | 6. __________________ |
| 7. Subtract line 6 from line 5 and enter here. This is the amount of nonexempt earnings you are to withhold and forward to the judgment creditor with this statement. | 7. __________________ |
Dated: _____________________________
___________________________________________
Garnishee's name
___________________________________________
Address
___________________________________________
City, state, zip code
Request for hearing
If you believe that the amount of your nonexempt earnings has been incorrectly calculated for this pay period or that no amount should be withheld because the garnishment or underlying judgment is invalid, satisfied or superseded, you may request a hearing within ten days after receiving the attached nonexempt earnings statement by completing the form below and delivering the request for hearing to the court or justice of the peace. You must deliver a copy of your request for hearing to the judgment creditor and the garnishee.
The court will notify you and the other parties of the date and time for the hearing. A hearing will be set within ten days of your request.
I request a hearing for the following reason:
_____ The nonexempt earnings statement is incorrectly filled out.
_____ Other: ___________________________________________________________.
___________________________________________
Name (print)
___________________________________________
Signature
___________________________________________
Address
___________________________________________
City, state, zip code
___________________________________________
Telephone number
K. The nonexempt earnings statement prescribed by the supreme court for an underlying judgment that is based on an order for support of a person shall be in substantially the following form:
Nonexempt earnings statement
(Judgment for support)
Pay period __________________ to ____________________
(beginning date) (ending date)
(answer all pertinent questions)
| 1. The judgment debtor | yes no |
| is an employee or is otherwise owed earnings. If the answer is " no" , give the judgment debtor's last date of employment by your firm or the last date for which earnings were owed. | 1. __________________ (date) |
| 2. For the earnings of the judgment debtor for this pay period enter all of the following: (a) Gross earnings. | 2.(a) _______________ |
| (b) Disposable earnings (gross earnings minus deductions required by law). | 2.(b) _______________ |
| (c) Enter fifty per cent of line 2(b). | 2.(c) _______________ |
| 3. Enter the amount withheld from the judgment debtor's earnings because of a court ordered assignment for the support of a person or a garnishment or levy for the collection of taxes. | 3. __________________ |
| 4. Subtract line 3 from line 2(c) and enter here. This is the amount of nonexempt earnings you are to withhold and forward to the judgment creditor with this statement. | 4. __________________ |
Dated: _____________________________
___________________________________________
Garnishee's name (print)
___________________________________________
Address
___________________________________________
City, state, zip code
Request for hearing
If you believe that the amount of your nonexempt earnings has been incorrectly calculated for this pay period or that no amount should be withheld because the garnishment or underlying judgment is invalid, satisfied or superseded, you may request a hearing within ten days after receiving the attached nonexempt earnings statement by completing the form below and delivering the request for hearing to the court or justice of the peace. Deliver a copy of your request for hearing to the judgment creditor and the garnishee.
The court will notify you and the other parties of the date and time for the hearing. A hearing will be set within ten days after your request.
I request a hearing for the following reason:
_____ The nonexempt earnings statement is incorrectly filled out.
_____ Other: ___________________________________________________________.
___________________________________________
Name (print)
___________________________________________
Signature
___________________________________________
Address
___________________________________________
City, state, zip code
___________________________________________
Telephone number
L. The nonexempt earnings statement prescribed by the supreme court for an underlying judgment that is based on a judgment for collection of taxes shall be in substantially the following form:
Nonexempt earnings statement
(Judgment for collection of taxes)
Pay period __________________ to ____________________
(beginning date) (ending date)
(answer all pertinent questions)
| 1. The judgment debtor | yes no |
| is an employee or is otherwise owed earnings. If the answer is " no" , give the judgment debtor's last date of employment by your firm or the last date for which earnings were owed. | 1. __________________ (date) |
| 2. For the earnings of the judgment debtor for this pay period enter all of the following: (a) Gross earnings. | 2.(a) _______________ |
| (b) Deductions required by law. | 2.(b) _______________ |
| (c) Net disposable income subtract line (b) from line (a). | 2.(c) _______________ |
| (d) Enter amounts withheld pursuant to a garnishment or court ordered assignment for collection of support of a person. | 2.(d) _______________ |
| (e) Enter amounts withheld pursuant to a garnishment or levy served before this garnishment that was not for support of a person. | 2.(e) _______________ |
| (f) Add lines (d) and (e). | 2.(f) _______________ |
| (g) Subtract line (f) from line (c). This is the amount you are to withhold and forward to the judgment creditor with this statement. | 2.(g) _______________ |
Dated: _____________________________
___________________________________________
Garnishee's name (print)
___________________________________________
Address
___________________________________________
City, state, zip code
Request for hearing
If you believe that the amount of your nonexempt earnings has been incorrectly calculated for this pay period or that no amount should be withheld because the garnishment or underlying judgment is invalid, satisfied or superseded, you may request a hearing within ten days after receiving the attached nonexempt earnings statement by completing the form below and delivering the request for hearing to the court or justice of the peace. Deliver a copy of your request for hearing to the judgment creditor and the garnishee.
The court will notify you and the other parties of the date and time for the hearing. A hearing will be set within ten days after your request.
I request a hearing for the following reason:
_____ The nonexempt earnings statement is incorrectly filled out.
_____ Other: __________________________________________________________.
___________________________________________
Name (print)
___________________________________________
Signature
___________________________________________
Address
___________________________________________
City, state, zip code
___________________________________________
Telephone number
M. A party to a garnishment proceeding may use documents other than those provided pursuant to subsection A of this section, provided that such documents are substantially similar to those prescribed by the supreme court pursuant to this section.