Writ Of Garnishment (Wage)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH DIVISION *Plaintiff,*WRIT OF GARNISHMENT (Wage)**vs.**Defendant*Civil No. ** THE UNITED STATES OF AMERICA TO: ,Garnishee.You are hereby ordered by the Court to hold a portion of Defendant's pension, wages, orother income (not to exceed the outstanding amount owed on the judgment or order and courtapproved costs in this matter, being $ ) due at the next scheduled payday or ondeposit as calculated pursuant to the attached questions, which are called Interrogatories. Todetermine the income available for garnishment, you are required to answer the attachedInterrogatories and file your answer with the Clerk of this Court, within five (5) business days ofthe date this Writ is served upon you, at the following address:Clerk, U.S. District Court351 S. West Temple St.Room 1.100Salt Lake City, Utah 84101You 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 make you pay theamount you should have withheld. American LegalNet, Inc. www.FormsWorkFlow.com If you owe or will owe money to the Defendant, you shall mail immediately by first classmail a copy of this Writ, your answers to the Interrogatories, the Notice of Garnishment andExemptions, and two (2) copies of the Request for Hearing to the Defendant at the last knownaddress of the Defendant shown on your records at the time of the service of this Writ. In lieu ofmailing, you may hand-deliver a copy of these documents to the Defendant.YOU MAY DELIVER to the officer serving this Writ the portion of Defendant's earningsor income to be held as shown by your answers. By doing so, you will be relieved from furtherliability in this case unless your answers are successfully disputed. You may, in the alternative,hold the money. If you do not receive a copy of a request for hearing within 20 days of serviceof your answer to the Interrogatories on the defendant or any other person claiming an interest inthe property, you shall pay the money to the plaintiff or plaintiff222s attorney. If you receive a copyof a request for hearing within the 20 days, you must hold the money until further order of thecourt. YOU SHALL PAY to Defendant the portion of the Defendant's earnings or income whichare not held by this Writ of Garnishment at the time the same is normally paid to defendant(s), ascalculated in Interrogatory 4(e) of the attached Interrogatories. ISSUED this day of , 20.D. MARK JONESCLERK OF COURTBy Deputy Clerk 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. American LegalNet, Inc. www.FormsWorkFlow.com 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.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