Limited Civil And Small Claims Garnishment Procedures (Page 13 of 17) in pdf

Limited Civil And Small Claims Garnishment Procedures Page 13

If the court order affects property other than money which belongs to you, some or all of this property may also be exempt.

Examples of exempt personal property are:

(1) Furnishings, equipment and supplies in your possession and reasonably necessary at your principal residence;

(2) Personal jewelry and other ornaments up to $1,000 in value;

(3) One vehicle regularly used for transportation up to $20,000 in value;

(4) Tools and equipment used in your principal trade or business up to $7,500 in value.

If you believe that the money or property being held by the garnishee is exempt and should not be given to the judgment creditor,

you may request a hearing before the court to assert this claim. In order to request a hearing, you should fill out the form at the

bottom of this notice and obtain from the clerk of the court or the court a date and time for the hearing, and file the form with the

clerk of the court at (address of court). Immediately after the request for hearing is filed, you shall hand deliver a copy of the

request for hearing to the judgment creditor or judgment creditor' s attorney, if judgment creditor is represented by an attorney, or

mail a copy of the request for hearing to the judgment creditor or judgment creditor' s attorney, if judgment creditor is represented

by an attorney, by first-class mail at the judgment creditor' s, or judgment creditor' s attorney' s, last known address. You should

ask for this hearing as soon as possible, but no later than 10 days after this notice is served on you. If you ask for a hearing to

claim that your money or property is exempt, the court will hold a hearing within 10 days after it receives your request. At the

hearing you should present any evidence you have to show that your money or property is exempt. The burden is on you to

prove that some or all of your property subject to the garnishment is exempt. You may wish to consult an attorney to represent

you at this hearing.

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Limited Civil And Small Claims Garnishment Procedures Page 13