Writ Of Garnishment (Non-Wage)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH DIVISION **WRIT OF GARNISHMENTPlaintiff,* (For garnishment of non-personal *services, income, or property)vs.**Civil No.*Defendant,***Garnishee,** THE UNITED STATES OF AMERICA TO: , Garnishee.You are hereby ordered and commanded by the Court to hold, until further order of thisCourt, and not pay to defendant all money and other personal property of the Defendant(s) inyour possession or under your control, whether now due or hereafter to become due, which arenot exempt from execution, up to the amount remaining due on the judgment or order plus courtapproved costs in this matter (or in the case of a prejudgment writ, the amount claimed to bedue), being $ .You are required to answer the attached questions or interrogatories and to file youranswer with the Clerk of this Court, within five business days of the date this Writ is served uponyou, at the following address:Clerk, U.S. District Court351 S. West Temple St.Room 1.100Salt Lake City, Utah 84101 American LegalNet, Inc. www.FormsWorkFlow.com You are also required to send a copy of your answers to the plaintiff at the followingaddress:Name:Address:If you fail to answer, the judgment creditor may ask the Court to order you to pay theamount you should have withheld.If you are indebted to, or if you hold property or money belonging to the Defendant, youshall mail immediately by first class mail a copy of the Writ of Garnishment and your answer tothe Interrogatories, the Notice of Garnishment and Exemptions, and two copies of the Requestfor Hearing to the Defendant and to anyone else who, according to your records, may have anownership or other interest in the property or money at the last known address of the Defendantor such other persons shown on your records at the time of the service of this Writ. In lieu ofmailings, you may hand-deliver a copy of these documents to the Defendant and other personsentitled to copies. YOU MAY DELIVER to the officer serving this Writ the portion of Defendant's earningsor income to be held as shown by your answers. You then will be relieved from further liabilityin this case unless your answers are successfully disputed. You may, in the alternative, hold themoney. If you do not receive a copy of a request for hearing withing 20 days of service of youranswer to the Interrogatories on the defendant or any other person claiming an interest in theproperty, you shall pay the money to the plaintiff or plaintiff222s attorney. If you receive a copy ofa request for hearing within the 20 days, you must hold the money until further order of the court.DATED this day of , 20.D. MARK JONESCLERK OF COURTBy:Deputy Clerk American LegalNet, Inc. www.FormsWorkFlow.com FOR PREJUDGMENT WRITS ONLY:Date and Time of Expiration of Writ:Date:Time: American LegalNet, Inc. www.FormsWorkFlow.com UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAHNOTICE OF GARNISHMENT AND EXEMPTIONS YOUR MONEY MAY BE TAKEN TO PAY A CREDITOR. PLEASE READ THIS NOTICE CAREFULLYThe attached Writ of Garnishment and Answers to Garnishee Interrogatories have beenissued on request of a creditor (the plaintiff) who sued you and won and got a judgment againstyou (or a prejudgment Writ of Garnishment has been issued against you). This means that moneyheld for you by the garnishee ( such as your bank or employer) may be taken by the Plaintiff topay a judgment against you. If you are not sued but own an account with someone who wassued, read this Notice too.The law provides that certain monies cannot be taken to pay judgments. Such money issaid to be exempt. The following is a partial list of funds that are exempt:* Social Security Benefits* Alimony or Child Support* Supplemental Security Income (SSI)* Veterans' Benefits* Certain Pensions* Workers' Compensation benefits* Unemployment Benefits* Public Assistance (Welfare)* Part of your wages (all of your wages if the Writ of Garnishment is issued prior to anyjudgment being rendered against you)* Property or money of a person who did not have a judgment entered against them.There may be additional exemptions. There is no exemption solely because you arehaving difficulty paying your debts. The above exemptions may not apply to judgments foralimony and child support.The law also recognizes that if the money or property that are to be taken belong to you,but the judgment is not against you, your money should not be taken.If you are a co-owner of property that is taken, you should request a hearing to protectyour share.IF THE MONEY IN AN ACCOUNT DOES NOT BELONG TO YOU, OR IF YOU AREAWARE OF OTHER REASONS WHY THIS MONEY SHOULD NOT BE TAKEN, YOUMAY WANT TO CONSULT AN ATTORNEY.Because of the garnishment, your place of employment or your financial institution orother person was required to hold the amount of money claimed by the plaintiff. This means thatyou may not now withdraw or get this money. American LegalNet, Inc. www.FormsWorkFlow.com If you believe that the Writ of Garnishment was issued improperly, that theAnswers to Interrogatories are inaccurate, or that you are entitled to an exemption, DOTHE FOLLOWING IMMEDIATELY. You have a deadline of ten (10) days from the datethe plaintiff mailed or delivered this notice to you.1.If funds in your account were garnished, on the attached 223Request for Hearing224 check theappropriate box(es) in paragraph one.2.If your wages were garnished, on the attached 223Request for Hearing224 check theappropriate boxes in paragraph two.3.Sign your name in the space indicated and provide the address where the Court Clerk is tonotify you of the hearing.A KNOWINGLY-MADE FALSE STATEMENT ON THE FORM MAY SUBJECTYOU TO CRIMINAL PENALTIES.4.Mail or take the Request for Hearing to the Court Clerk within ten (10) days from thedate this notice was mailed or delivered to you. Mail a copy of the Request for Hearingto the garnishee. Keep the second copy of the "Request for Hearing" for your records. The Clerk of Court will set the matter for hearing and notify you. You have a right to ahearing within ten (10) days from the date the Clerk of Court receives your claim. At thehearing in Court, you will have to prove that your money is exempt. You should bringany documents which may help to prove your money is exempt.You may wish to consult an attorney for advice or assistance concerning the hearing. Ifyou do not come to Court on the designated time and prove that the garnishment was issuedimproperly, that the answers to the interrogatories are inaccurate, or that your money is exempt,you may lose some of your rights.If you do not request a hearing within the time specified above, but you believe that thegarnishment was issued improperly, that the answers to interrogatories are inaccurate or that youare entitled to an exemption, you should consult an attorney. The attorney may be able to assistyou by filing papers with the Court. American LegalNet, Inc. www.FormsWorkFlow.com