Verified Motion For Proceedings Supplemental To Defendant With Order - Summons

STATE OF INDIANA COUNTY OF ALLEN ) ) SS: ) IN THE ALLEN SUPERIOR COURT SMALL CLAIMS DIVISION FORT WAYNE, INDIANA CASE NUMBER: ___________________________________________ Plaintiff(s) VS. ___________________________________________ Defendant(s) ___________________________________________ Street Address ___________________________________________ City, State Zip Code _____________________________________________ Garnishee Defendant _____________________________________________ Street Address _____________________________________________ City, State Zip Code AND VERIFIED MOTION FOR PROCEEDINGS SUPPLEMENTAL TO DEFENDANT AND GARNISHEE DEFENDANT Plaintiff / Plaintiff's counsel appears and states that to the best of its/his/her knowledge: 1. Plaintiff owns the judgment rendered in this case against the Defendant(s); 2. Plaintiff's judgment is unsatisfied, with a balance due upon judgment, interest and costs in the amount of $_________________; and 3. Plaintiff has no cause to believe that levy of execution against the Defendant(s) will satisfy the judgment. 4. Garnishee Defendant has or will have in its possession the following personal property of Defendant(s) to wit: wages, salaries, commission, earnings, and income. Plaintiff requests that the Court issue an order notifying Defendant(s) of hearing on these proceedings and requiring the Garnishee Defendant to answer interrogatories concerning Defendant's property in its/his/her possession. I affirm, under the penalty of perjury, that the foregoing representations are true. _________________________________ Street Address of Plaintiff / Attorney _____________________________________ Signature of Plaintiff / Attorney _________________________________ City, State Zip Code _____________________________________ Printed Name of Plaintiff / Attorney _________________________________ Telephone Number Supreme Court ID Number Certificate of Service I hereby certify that a copy of this document was sent to the parties or their counsel by ____________________________ (US Mail, E-Service, Sheriff, other manner allowed by IN Trial Rules). _______________________ Date _____________________________________________ Name American LegalNet, Inc. www.FormsWorkFlow.com STATE OF INDIANA COUNTY OF ALLEN ) ) SS: ) IN THE ALLEN SUPERIOR COURT SMALL CLAIMS DIVISION FORT WAYNE, INDIANA CASE NUMBER: ___________________________________________ Plaintiff(s) VS. ___________________________________________ Defendant(s) ___________________________________________ Street Address ___________________________________________ City, State Zip Code _____________________________________________ Garnishee Defendant _____________________________________________ Street Address _____________________________________________ City, State Zip Code AND ORDER TO DEFENDANT AND NOTICE AND SUMMONS TO GARNISHEE DEFENDANT Plaintiff files verified motion for proceedings supplemental and interrogatories; motion granted. To the Defendant: You are ordered to appear in this Court on _________________________at ___________A.M./P.M. in the Allen Superior Court Small Claims Division, 1 West Superior St., Fort Wayne, IN 46802 if you wish to contest the garnishment order. To the Garnishee Defendant: On or before ____________________________________, you are ordered to answer and return the following interrogatories to the Court. ____________________ Date _________________________________________ Judge / Magistrate, Allen Superior Court Certificate of Service I hereby certify that a copy of this document was sent to the parties or their counsel by ____________________________ (US Mail, E-Service, Sheriff, other manner allowed by IN Trial Rules). _______________________ Date _____________________________________________ Name American LegalNet, Inc. www.FormsWorkFlow.com DEDUCTION CALCULATIONS Indiana Code 24-4.5-5-105 Limitation on garnishment and proceedings supplemental to execution; employer's fee (1) For the purposes of IC 24-4.5-5-101 through IC 24-4.5-5-108: (a) "disposable earnings" means that part of the earnings of an individual, including wages, commissions, income, rents, or profits remaining after the deduction from those earnings of amounts required by law to be withheld; (b) "garnishment" means any legal or equitable proceedings through which the earnings of an individual are required to be withheld by a garnishee, by the individual debtor, or by any other person for the payment of a judgment; and (c) "support withholding" means that part of the earnings that are withheld from an individual for child support in accordance with the laws of this state. (2) Except as provided in subsection (8), the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment to enforce the payment of one (1) or more judgments against the individual may not exceed the lesser of the following amounts: (a) An amount equal to twenty-five percent (25%) of the individual's disposable earnings for that week or, upon a showing of good cause by the individual why the amount should be reduced, an amount equal to: (i) less than twenty-five percent (25%); and (ii) at least ten percent (10%); of the individual's disposable earnings for that week. (b) The amount by which the individual's disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage prescribed by 29 U.S.C. 206(a)(1) in effect at the time the earnings are payable. In the case of earnings for a pay period other than a week, the earnings shall be computed upon a multiple of the federal minimum hourly wage equivalent to thirty (30) times the federal minimum hourly wage as prescribed in this section. (3) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment or support withholding to enforce any order for the support of any person shall not exceed: (a) where such individual is supporting the individual's spouse or dependent child (other than a spouse or child with respect to whose support such order is used), fifty percent (50%) of such individual's disposable earnings for that week; and (b) where such individual is not supporting such a spouse or dependent child described in subdivision (a), sixty percent (60%) of such individual's disposable earnings for that week; except that, with respect to the disposable earnings of any individual for any workweek, the fifty percent (50%) specified in subdivision (a) s