Form Law 815 - Claim Of Exemption And Request For Hearing

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NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT OF
WAGES, MONEY, AND OTHER PROPERTY
The Writ of Garnishment delivered to you with this Notice means that the wages, money, and other
property belonging to you have been garnished to pay a court judgment against you. HOWEVER, YOU MAY BE
ABLE TO KEEP OR RECOVER YOUR WAGES, MONEY, OR PROPERTY. READ THIS NOTICE
CAREFULLY.
State and federal laws provide that certain wages, money, and property, even if deposited in a bank, savings
and loan, or credit union, may not be taken to pay certain types of court judgments. Such wages, money, and
property are exempt from garnishment. The major exemptions are listed below on the form for Claim of Exemption
and Request for Hearing. This list does not include all possible exemptions. You should consult a lawyer for
specific advice.
TO KEEP YOUR WAGES, MONEY, AND OTHER PROPERTY FROM BEING GARNISHED,
OR TO GET BACK ANYTHING ALREADY TAKEN, YOU MUST COMPLETE A “FORM
CLAIM OF EXEMPTION AND REQUEST FOR HEARING” AS SET FORTH BELOW AND
HAVE THE FORM NOTARIZED. YOU MUST FILE THE FORM WITH THE CLERK’S OFFICE
WITHIN 20 DAYS AFTER THE DATE YOU RECEIVE THIS NOTICE OR YOU MAY LOSE
IMPORTANT RIGHTS. YOU MUST ALSO MAIL OR DELIVER A COPY OF THIS FORM TO
THE PLAINTIFF AND THE GARNISHEE AT THE ADDRESSES LISTED ON THE WRIT OF
GARNISHMENT.
If you request a hearing, it will be held as soon as possible after your request is received by the court. The
plaintiff must file any objection within 3 business days if you hand delivered to the plaintiff, a copy of the form for
Claim of Exemption and Request for Hearing, or, alternatively, 8 business days if you mailed a copy of the form for
claim and request to the plaintiff. If the plaintiff files an objection to your Claim of Exemption and Request for
Hearing, the clerk 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. If the plaintiff fails to file an objection, no hearing is required, the writ of
garnishment will be dissolved, and your wages, money, or property will be released.
YOU SHOULD FILE THE “FORM FOR CLAIM OF EXEMPTION” IMMEDIATELY TO
KEEP YOUR WAGES, MONEY, OR PROPERTY FROM BEING APPLIED TO THE COURT
JUDGMENT. THE CLERK CANNOT GIVE YOU LEGAL ADVICE, IF YOU NEED LEGAL
ASSISTANCE YOU SHOULD SEE AN ATTORNEY. IF YOU CANNOT AFFORD A PRIVATE
ATTORNEY, SERVICES MAY BE AVAILABLE. CONTACT YOUR LOCAL BAR
ASSOCIATION OR ASK THE CLERK’S OFFICE ABOUT ANY LEGAL SERVICES
PROGRAM IN YOUR AREA.
CLAIM OF EXEMPTION AND REQUEST FOR HEARING
I claim exemptions from garnishment under the following categories as checked:
☐1.
Head of family wages. (You must check a. or b. below)
☐a.
I provide more than one-half of the support for a child or other dependent and
have net earnings of $500 or less per week.
☐b.
I provide more than one-half of the support for a child or other dependent, have
net earnings of more than $500 per week, but have not agreed in writing to have
my wages garnished.
☐2. Social Security benefits.
☐3. Supplemental Security Income Benefits.
☐4. Public assistance (welfare).
☐5 Workers’ Compensation.
☐6. Unemployment Compensation.
☐7. Veterans’ benefits
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