Motion For Issuance Of Garnishee Summons After Judgment {5DC29}

MOTION FOR ISSUANCE OF GARNISHEE SUMMONS AFTER JUDGMENT; DECLARATION; NON-CONCLUSORY DECLARATION; ORDER; EXHIBIT(S): GARNISHEE SUMMONS; GARNISHEE INFORMATION; Form #5DC29 IN THE DISTRICT COURT OF THE FIFTH CIRCUIT STATE OF HAWAI221I Plaintiff(s) Defendant(s) Civil No. Reserved for Court Use In accordance with the Americans with Disabilities Act if you require an accommodation for your disability, please contact the District Court Administration Of037ce at PHONE NO. 482-2347, FAX 482-2509, OR TTY 482-2533 at least (10) working days in advance of your hearing or appointment date. MOTION FOR ISSUANCE OF GARNISHEE SUMMONS AFTER JUDGMENT TO THE JUDGE OF THE ABOVE-ENTITLED COURT: Judgment Creditor(s) moves that a Garnishee Summons issue according to Law directed to the Garnishee(s) named above for: WAGES (including any salary, stipend, commission, annuity or net income or portion of net income under a trust) payable to and/or earned by Judgment Debtor(s), . FUNDS/GOODS/EFFECT/COMMISSIONS/COMPENSATION as to Judgment Debtor(s), . If this is a garnishment for 223funds224 (other than wages) belonging to a Judgment Debtor(s) who is an individual and a Garnishee who is a 037nancial institution, then the Non Conclusory Declaration on the page 2 must be completed. I certify that this is a full, true and correct copy of the original on 037le in this of037ce. Clerk, District Court of the Above Circuit, State of Hawai221i Garnishee(s) (Name and Address) Filing Party(ies)/Filing Party(ies)222 Attorney (Name, Attorney Number, Firm Name (if applicable), Address, Telephone and Facsimile Numbers) Filing date of Motion for Order for Examination: Current Amount Due: $ (If this amount is different from the Judgment Amount, please attach separate sheet showing calculations as Exhibit B) Date: Signature of Filing Party(ies)/Filing Party(ies)222 Attorney: Print/Type Name: GARNMIGS 5D-P-201 American LegalNet, Inc. www.FormsWorkFlow.com DECLARATION I have read the Motion, know the contents and verify that the statements are true to my personal knowledge and belief. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF HAWAI221I THAT THE FOLLOWING IS TRUE AND CORRECT: 1.I am Judgment Creditor(s) or Judgment Creditor(s)222 attorney;2.The Judgment (a copy of which is attached as Exhibit A) was entered on the date shown on said Judgment for Judgment Creditor(s) andagainst Judgment Debitor(s) in the sum of the Judgment Amount Due stated;3.There is still due and owing the sum of as shown in the copy of the Judgment attached as Exhibit A orthe Current Amount Due as evidenced by attached Exhibit B;4.The Judgment has not been appealed (or if appealed, no bond has been 037led), reversed, modi037ed, set aside or satis037ed except asaforesaid and otherwise remains in full force and effect, and5.The Judgment Creditor(s) is still the owner and holder of said Judgment;6.I am informed and believe that Garnishee(s) in indebted to Judgment Debitor(s) or in holding moneys or goods or effects of JudgmentDebitor(s) for safekeeping, or is paying to Judgment Debitor(s) salaries, stipends, commissions, wages, annuities or net income orportions of net income under a trust.Date: Signature of Declarant: Print/Type Name: NON CONCLUSORY DECLARATION 1.Based on the following information, the funds sought to be garnished are not traceable to Aid to Families with Dependent Children (AFDC) grant nor are the funds traceable to funds that would be exempt from garnishment under the provisions of Federal and State laws as the judgment debtor does not receive. a.AFDC bene037ts or funds;b.unemployment bene037ts (Hawai221i Revised Statutes 247383-163);c.social security paymentsd.worker222s compensation bene037ts (Hawai221i Revised Statutes 247386-57); ore.pension or retirement program payment exempt from garnishment under Hawai221i Revised Statutes 247653-3 or 651-124.2.I know the information in the above paragraph is true and correct based upon:an examination of the Judgment Debtor or Person having knowledge conducted onthe Judgment Debtor222s answer to interrogatoriesthe Judgment Debtor222s deposition answersthe Judgment Debtor222s production of documents, ormy personal knowledge of the Judgment Debtor (state the speci037c basis for your personal knowledge):(Attach continuation page, if necessary).I have read this Response, know the contents and verify that the statements are true to my personal knowledge and belief. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF HAWAI221I THAT THE ABOVE IS TRUE AND CORRECT. Date: Signature of Filing Party(ies)/Filing Party(ies)222 Attorney: Print/Type Name: ORDER Filing Party is Ordered to provide a blank Garnishee Disclosure to all Garnishees named above. This motion is granted and IT IS ORDERED that Garnishee Summons issue according to law. Judge of the above-entitled Court Date: GARNMIGS 5D-P-201 American LegalNet, Inc. www.FormsWorkFlow.com