Judgment Debtors Motion Return Or Release Of Wages Exempt From Garnishment {5DC27B}

Judgment debtor(s)'s motion return/release of Wages exempt from garnishment; notice of motion; certificate of service; garnishment calculation Worksheet; exhibit "a" in the district court of the fifth circuit state of haWai`i Plaintiff(s) Form #5DC27B 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) Judgment debtor(s)'s motion For return/release oF Wages exempt From garnishment 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. The amount garnished or withheld was excessive as the Federal Law State Law was more favorable to the filing party. 2. The Garnishee should have deducted $____________ , rather than $____________ according to the Garnishment Calculation Worksheet, and a copy of applicable pay stub attached as Exhibit "A". 3. 4. Duplicate receipts were not provided to the employer/garnishee as required by Hawai`i Revised Statues Section 652-14/ Other (specify) ______________________________________________________________________________________ Signature of Judgment Debtor(s)'/Declarant: Date: 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 on the next page on _____________. _____________________. 20 ____, at _______ a.m. or as soon thereafter as parties may be heard. In accordance with the americans with disabilities act if you require an accommodation for your disability, please contact the District Court Administration Office 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. RepRogRaphics (05/08) American LegalNet, Inc. www.FormsWorkFlow.com gaRnRet 5d-p-200 court address: Kaua`i Judiciary Complex Courtroom #2 3970 Ka`ana Street ¯ L¯hu`e, Hawai`i l 3970 Ka`ana Street, DC Civil, Suite 207, L¯hu`e, Hawai`i 96766 ¯ l 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 ______________________________ by Hand-delivery or Mail, Postage Prepaid, at the following address(ies): Judgment Creditor: Employer/Garnishee Signature of Filing Party(ies)/Filing Party(ies)' Attorney: Date: Print/Type Name: response to motion/certiFicate oF service I DO NOT OBJECT to this Motion. I DISAGREE with this Motion for the following reasons: (Attache 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 haWai`i that the above is true and correct. certiFicate oF service I certify that a copy of this Response was served at the last known address(es) of the Opposing Party(ies) or Opposing Party(ies)' attorney on ______________________________ by Hand-delivery or Mail, Postage Prepaid, at the following address(ies): Judgment Creditor: Employer/Garnishee Signature of Respondent Party(ies)/Responding Party(ies)/ Attorney: Date: Judge of the above-entitled Court In accordance with the americans with disabilities act if you require an accommodation for your disability, please contact the District Court Administration Office 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. RepRogRaphics (05/08) American LegalNet, Inc. www.FormsWorkFlow.com gaRnRet 5d-p-200