Judgment Debtors Motion Return Or Release Of Wages Exempt From Garnishment {1DC27B}

JUDGM ENT DEBTOR(S)'S M OTION FOR RETURN/RELEASE OF W AGES EXEM PT FROM GARNISHM ENT; NOTICE OF M OTION; CERTIFICATE OF SERVICE; GARNISHM ENT CALCULATION W ORKSHEET; EXHIBIT "A" TW O-SIDED FORM Form #1DC27B IN THE DISTRICT COURT OF THE FIRST CIRCUIT ______________________________ DIVISION Choose One STATE OF HAWAI'I Plaintiff(s) Reserved for Court Use Civil No. Defendant(s) Filing Party(ies)/Filing Party(ies)' Attorney (Name, Attorney Number, Firm Name (if applicable), Address, Telephone and Facsimile Numbers) JUDGM ENT DEBTOR(S)'S M OTION FOR RETURN/RELEASE OF WAGES EXEM PT FROM GARNISHM ENT Filing Party(ies) moves this Court for an Order returning or releasing to the filing party all or a portion of wages which have been garnished because: 1. G The amount garnished or withheld was excessive as the G Federal Law G State Law was more favorable to the filing party. 2. G The Garnishee should have deducted $_________, rather than $__________ according to the Garnishment Calculation Worksheet, Form#1DC27C, and a copy of applicable pay stub attached as Exhibit "A". 3. G Other (specify)_____________________________________________________________________. Date: Signature of Declarant: Print/Type Name: NOTICE OF HEARING TO:__________________________________________________________________________________________________: Please take notice that this Motion will be heard before the Presiding Judge of this Court in his/her Courtroom, at the address checked on page 2 on ____________________, ____________________, 20___, at _______________ a.m. or as soon thereafter as parties may be heard. (continued on reverse side) SEE AND USE PAGE 2 TO RESPOND TO MOTION (Rev. 03/01/2010) 1D-P-1251 CommonLook® 508 Certified Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com Form#1DC27B Reprographics (03/10) 1DC COURT ADDRESSES G G G G G Honolulu Division `Ewa Division Ko'olaupoko OR Ko'olauloa Division W ahiawâ OR W aialua Division W ai'anae Divison 1111 Alakea Street, 10 th Floor, Honolulu, Hawai'i 870 Fourth Street, Pearl City, Hawai'i 45-939 Po'okela Street, Kâne'ohe, Hawai'i 1034 Kilani Avenue, W ahiawâ, Hawai'i 4675 Kapolei Parkway, Kapolei, Hawai'i M ailing address for the above Courts: 1111 Alakea Street, Civil Division, Third Floor, Honolulu, Hawai'i 96813 CERTIFICATE OF SERVICE I certify that a copy of this Motion was served at the last known address(es) of the Opposing Party(ies) or Opposing Party(ies)' attorney on (date)_ __________________________________________ by G Hand-delivery or G Mail at the following address(es): Judgment Creditor: Employer/Garnishee Signature of Filing Party(ies)/Filing Party(ies)' Attorney: Date: Print/Type Name: RESPONSE TO M OTION/CERTIFICATE OF SERVICE G I DO NOT OBJECT to this Motion. G I DISAGREE with this Motion for the following reasons: Reserved for Court Use I have read this Motion, know the contents and verify that the statements are true to my personal knowledge and belief. I DECLARE UNDER PENALTY OF PERJURY THAT THE FOLLOW ING IS TRUE AND CORRECT: CERTIFICATE OF SERVICE I certify that a copy of this Motion was served at the last known address(es) of the Opposing Party(ies) or Opposing Party(ies)' attorney on (date)_ __________________________________________ by G Hand-delivery or G Mail at the following address(es): Judgment Creditor: Employer/Garnishee Date: Signature of Responding Party(ies)/Responding Party(ies)' Attorney: Print/Type Name: In accordance with the Americans with Disabilities Act, and other applicable State and Federal laws, if you require an accommodation for a disability when working with a court program, service, or activity please contact the District Court Administration Office at PHONE NO. 538 5121, FAX 538-5233, or TTY 539-4853 at least ten (10) working days before your proceeding, hearing or appointment date. For all Civil related matters, please call 538-5151 or visit the District Court Service Center at 1111 Alakea Street, Third (3 rd) Floor. (Rev. 03/01/2010) 1D-P-1251 CommonLook® 508 Certified Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com Form#1DC27B