12-1596 - Forms

12-1596. 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 required to be delivered pursuant to section 12-1574:

1. The notice to judgment debtor and request for hearing form.

2. The answer form.

3. The instructions to garnishee.

B. The notice to judgment debtor and request for hearing form shall be in a form prescribed by the supreme court and shall contain at least 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.

2. A form on which the judgment debtor may request a hearing.

C. 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 or defendant

(Non-earnings)

You are hereby notified that this court has issued an order in the above case in favor of the judgment creditor in this proceeding, directing that some of your money, property or corporate shares or interest be used to satisfy some of your debt to the judgment creditor. The order was issued to enforce the judgment creditor's judgment, support order or provisional remedy order against you that was obtained in (the name of court) in (case number) on (date). A copy of the judgment or order is attached.

The law provides that monies from certain benefits or in certain amounts are free from the claims of creditors even if deposited in a bank, savings and loan association or credit union. Some examples of exempt monies appear later in this notice. The law also provides that certain personal property is exempt from the claims of creditors. Some examples of exempt property appear later in this notice.

Within ten days after being served with the writ of garnishment the garnishee who is holding your money or personal property is required to mail or deliver to you his answer stating what money or personal property he is withholding from you for the judgment creditor pursuant to the writ.

You may object to the garnishment or file a claim of exemption by requesting a hearing with this court, if you believe any of the following is true:

1. The judgment creditor does not have a valid provisional remedy order or support order or judgment against you or that the debt or judgment has been paid in full.

2. Some or all of the monies which are being withheld by the garnishee may be exempt monies. Examples of exempt monies are:

(a) One hundred fifty dollars in a bank, savings and loan association or credit union account. (Three hundred dollars for married account holders.)

(b) Temporary assistance for needy families.

(d) Social security benefits (SSA).

(e) United States department of veterans affairs benefits (VA).

(f) Certain pension benefits and retirement funds.

(g) Workers' compensation benefits.

(h) Some insurance proceeds.

Other state and federal exemptions may apply. Certain exemptions may not apply to support orders or to the collection of taxes. An attorney can assist you in determining what monies are exempt.

3. Some or all of the personal property being withheld by the garnishee may be exempt property. Examples of exempt personal property are:

(a) Household goods, furniture and appliances.

(b) Up to one thousand five hundred dollars equity value for each owner of a car or truck. (Three thousand dollars equity value if the owner has a physical disability.)

(d) Tools and equipment used in a commercial activity, trade, business or profession.

These exemptions are limited in statute by description and dollar value. An attorney can assist you in determining what personal property is exempt.

4. More than fifteen days have passed since the garnishee was served with the writ and you have not yet received the garnishee's answer.

5. You otherwise disagree with the answer of the garnishee. To request a hearing, deliver the request for hearing form appearing below, or a substantially similar form, to the court clerk's office. At the same time, you must mail or deliver a copy (photocopy or handwritten copy) of the request for hearing to the judgment creditor and the garnishee at the address stated in the writ. If you do not deliver the request for hearing form to this court within ten days after the date you receive the answer of garnishee, your request for hearing will be denied, unless a good reason for the delay, acceptable to the court, is shown.

If you request a hearing it will be held no later than five days, not including weekends and holidays, after your request is received by the court. If appropriate, you may request a hearing before the garnishee files his answer.

The court will notify you and the other parties of the time and date of the hearing. You may attend the hearing with or without an attorney.

Request for hearing

I request a hearing to object to the garnishment or claim exempt monies because:

_______ 1. The judgment is not valid.

_______ 2. The judgment has been paid.

_______ 3. Exempt monies are being garnished:

_______ (a) One hundred fifty dollars in a bank, savings and loan association or credit union.

_______ (b) Temporary assistance for needy families, social security benefits, supplemental security income or United States department of veterans affairs benefits.

_______ (c) Other pension or retirement benefits.

_______ (d) Workers' compensation or other insurance benefits.

_______ (e) Other _______________________________.

_______ 4. Exempt personal property is being garnished:

_______ (a) Household goods, furnishings or appliances.

_______ (b) Motor vehicle equity under one thousand five hundred dollars or three thousand dollars, if applicable.

_______ (c) Personal items.

_______ (d) Tools and equipment of a trade.

_______ (e) Other _____________________________.

_______ 5. No answer has been received within fifteen days.

_______ 6. The answer of the garnishee is incorrect.

_______ 7. Other __________________________________.

___________________________________________

Date

___________________________________________

Name (print)

___________________________________________

Signature

___________________________________________

Address

___________________________________________

City, state, zip code

___________________________________________

Telephone number

Warning: To request a hearing, this document, or one similar, must be received by this court within ten days after your receipt of the answer of garnishee, unless good reason for the delay is shown.

D. At the top of the first page of the notice to judgment debtor and request for hearing form described in subsections B and C of this section, a Spanish translation shall be printed of the following language:

The court has issued an order requiring the garnishee to deliver money or property it owes you to the judgment creditor because of the judgment he has against you. In some circumstances your money or property is protected by law from being taken. This is explained in the notice. A Spanish translation of that notice can be obtained from the court.

E. 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 12-1579, subsection D.

F. 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.

2. A notice to the garnishee concerning the provisions of sections 12-1583 and 12-1593.

G. A party to a garnishment proceeding may use documents other than those provided pursuant to subsection A of this section, if such documents are substantially similar to those prescribed by the supreme court pursuant to this section.