32-09.1-07. Form of summons and notice.
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/nd/title-32/chapter-32-09-1-garnishment/32-09-1-07·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. The garnishee summons must state:
a. That the garnishee shall serve upon the plaintiff or the plaintiff's attorney within
twenty days after service of the garnishee summons:
(1)A written disclosure, under oath, of indebtedness to the defendant; and
(2)Answers, under oath, to all written interrogatories that are served with the
garnishee summons.
b. The full name of the defendant, the defendant's place of residence, the date of
the entry of judgment against the defendant, the total amount of the judgment
which remains unpaid, and the retention amount. The retention amount is the
sum of the amount of the judgment which remains unpaid, one hundred
twenty-five dollars, and an amount equal to nine months of interest on the amount
of the judgment which remains unpaid.
c. That the garnishee shall retain property, earnings, or money in the garnishee's
possession pursuant to this chapter until the plaintiff causes a writ of execution to
be served upon the garnishee or until the defendant authorizes release to the
plaintiff.
d. That after the expiration of the period of time specified in section 32-09.1-20, the
garnishee shall release all retained property, earnings, and money to the
defendant and is discharged and relieved of all liability on the garnishee
summons.
e. That an employer may not discharge an employee because the employee's
property, earnings, or money are subject to garnishment.
f. That any assignment of wages made by the defendant or indebtedness to the
garnishee incurred within ten days before the receipt of notice of the first
garnishment on the underlying debt is void.
g. That the defendant must provide to the garnishee within ten days after receipt of
the garnishee summons a list of the dependent family members who reside with
the defendant and their social security numbers, if any, to have the maximum
amount subject to garnishment reduced under subsection 2 of section
32-09.1-03.
h. That failure of the defendant to provide a list to the garnishee within ten days after
receipt of the garnishee summons is conclusive with respect to whether the
defendant claims no family members. 2. Under subdivision a of subsection 1, the plaintiff may not require the garnishee to
disclose indebtedness or property of the defendant in the garnishee's possession or
under the garnishee's control to the extent that the indebtedness or property exceeds
the retention amount. 3. The garnishee summons and notice to defendant must be substantially in the following
form:
State of North Dakota ) In ___________ Court
) ss.
County of __________ ) ____________________
______________________________
Plaintiff
against Garnishee Summons and
______________________________ Notice to Defendant
Defendant
and
______________________________
Garnishee The State of North Dakota to the above-named Garnishee:
You shall serve upon the plaintiff or the plaintiff's attorney, within twenty days after service of this summons upon you, a written disclosure, under oath, setting forth the amount of any debt you may owe to the defendant, ____________________ (give full name and residence of defendant) and a description of any property, money, or effects owned by the defendant which are in your possession. Your disclosure need not exceed $___________. (Enter retention amount.) The date of entry of the judgment against the defendant was _________ (enter date of entry of plaintiff's judgment) and the amount of the judgment that remains unpaid is $__________.
The defendant shall provide you with a list of the names of dependent family members who reside with the defendant and their social security numbers if the defendant desires to have the garnishment amount reduced under subsection 2 of section 32-09.1-03. Failure of the defendant to provide the list to you is conclusive to establish that the defendant claims no dependent family members reside with the defendant.
Failure to disclose and withhold may make you liable to the plaintiff for the sum of $___________. (Enter the retention amount.)
You shall retain the defendant's nonexempt property, money, earnings, and effects in your possession until a writ of execution is served upon you, until the defendant authorizes
release to the plaintiff, or until the expiration of 360 days from the date of service of this summons upon you. If no writ of execution has been served upon you or no agreement has been made for payment within 360 days, the garnishment ends and any property or funds held by you must be returned to the defendant if the defendant is otherwise entitled to their possession.
Any assignment of wages by the defendant or indebtedness to you incurred by the defendant within ten days before the receipt of the first garnishment on a debt is void and should be disregarded.
You may not discharge the defendant because the defendant's earnings are subject to garnishment.
Dated ________, ____.
By: ______________________________
NOTICE TO DEFENDANT To:___________________________
The garnishee summons, garnishment disclosure form, and written interrogatories (strike out if not applicable), that are served upon you, were also served upon _______________________, the garnishee.
_________________________
(Attorneys for Plaintiff)
________________________
(Address)
_________________________
(Telephone)
32-09.1-08. Service. 1. The garnishee summons and notice to defendant shall be served upon the garnishee
in the same manner as other summons in that court of record except that service must
be personal. 2. Service of a garnishee summons and disclosure statement upon a bank or credit union
must be made by delivery of the summons and disclosure statement to a specifically
named president or vice president of the bank or credit union or to the registered agent
for service of process of the bank or credit union. Delivery of the summons and
disclosure statement to the specifically named individual may be in hand as
established by the sworn affidavit of the individual who delivered the summons and
disclosure statement or by any form of mail or third-party commercial delivery service,
if delivery is restricted to the named individual or registered agent and the sender
receives a receipt signed by that individual or registered agent. 3. A plaintiff shall serve with the garnishee summons a disclosure form, substantially as
set out in this chapter. The plaintiff may also serve interrogatories with the garnishee
summons. A copy of the garnishee summons and copies of all other papers served on
the garnishee must be served personally upon the defendant in accordance with the
North Dakota Rules of Civil Procedure for personal service or served by first-class mail
not later than ten days after service is made upon the garnishee. A single garnishee
summons may be addressed to two or more garnishees but must state whether each
is summoned separately or jointly.
32-09.1-09. Disclosure. 1. Within the time as limited in the garnishee summons, the garnishee shall serve upon
the plaintiff or the plaintiff's attorney written answers, under oath, to the questions in
the garnishment disclosure form and to any written interrogatories that are served
upon the garnishee. The amount of the garnishee's disclosure need not exceed the
retention amount. The written answers may be served personally or by mail. If
disclosure is by a corporation or limited liability company, it must be verified by an
officer, a manager, or an agent having knowledge of the facts. 2. Disclosure must state:
a. The amount of disposable earnings earned or to be earned within the defendant's
pay periods which may be subject to garnishment and all of the garnishee's
indebtedness to the defendant.
b. Whether the garnishee held, at the time, the title or possession of or any interest
in any personal property or any instruments or papers relating to any property
belonging to the defendant or in which the defendant is interested. If the
garnishee admits any interest or any doubt respecting the interest, the garnishee
shall set forth a description of the property and the facts concerning the property
and the title, interest, or claim of the defendant in or to the property.
c. If the garnishee claims any setoff or defense or claim or lien to disposable
earnings, indebtedness, or property, the garnishee shall disclose the amount and
the facts.
d. Whether the defendant claims any exemption from execution or any other
objection, known to the garnishee or the defendant, against the right of the
plaintiff to apply upon demand the debt or property disclosed.
e. If other persons make claims to any disposable earnings, debt, or property of the
defendant, the garnishee shall disclose the names and addresses of the other
claimants and, so far as known, the nature of their claims. 3. A garnishment disclosure form must be served upon the garnishee. The disclosure
must be substantially in the following form, subject to subsection 3 of section
32-09.1-03:
State of North Dakota ) In ___________ Court
) ss.
County of __________ ) ____________________
______________________________
Plaintiff
vs.
______________________________
Defendant
and Garnishment Disclosure
______________________________
Garnishee
I am the __________________ of the garnishee and duly authorized to disclose for the garnishee.
On ______________, ______, the time of service of garnishee summons on the garnishee, there was due and owing the defendant from the garnishee the following:
1. Earnings. For the purposes of garnishment, "earnings" means compensation
payable for personal service whether called wages, salary, commission, bonus, or
otherwise, and includes periodic payments under a pension or retirement
program. "Earnings" does not include social security benefits or veterans'
disability pension benefits, except when the benefits are subject to garnishment
to enforce any order for the support of a dependent child. "Earnings" includes
military retirement pay. "Disposable earnings" means that part of the earnings of
an individual remaining after the deduction from those earnings of amounts
required by law to be withheld. If the garnishee summons was served upon you at
a time when earnings from a prior completed pay period were owing but not paid,
complete the following disclosure for earnings from both the past pay period and
the current pay period.
2. Money. Any amounts due and owing to defendant from the garnishee, except for
earnings. (amount and facts)
3. Property. Any personal property, instruments, or papers belonging to the
defendant and in the possession of the garnishee. (description, estimated value,
and facts)
4. Adverse interest and setoff. Any setoff, defense, lien, or claim by the garnishee or
other persons by reason of ownership or interest in the defendant's property. You
must state the name and address and the nature of that person's claim if known.
(Any assignment of wages made by the defendant or any indebtedness to a
garnishee within ten days before the receipt of the first garnishment on a debt is
void and should be disregarded.)
5. Dependent. Any family member of the defendant who is residing in the
defendant's residence. (If properly claimed after receipt of the garnishee
summons.)
6. Earnings worksheet:
a. Total earnings in pay period ________
b. Federal tax ________
c. State tax ________
d. FICA (social security/Medicare) ________
e. Total deductions (lines b+c+d) ________
f. Disposable earnings (line a less line e) ________
g. Twenty-five percent of line f ________
h. Minimum wage exemption
(minimum wage times forty hours times
number of weeks in pay period) ________
i. Line f less line h ________
j. Line g or line i (whichever is less) ________
k. Dependent exemption (twenty dollars
per dependent per week, if claimed) ________
l. Adverse interest or setoff ________
m. Total of lines k and l ________
n. Line j less line m (the amount of earnings
subject to garnishment) ________
7. Total of property, earnings, and money. The garnishee shall add the total of
property, earnings, and money and if this sum is ten dollars or more, the
garnishee shall retain this amount, not to exceed the retention amount identified
by the plaintiff in the garnishee summons.
Signature ___________________________
Garnishee or Authorized Representative
of Garnishee
__________________________
Title
Subscribed and sworn to before me on ______________, _____.
_____________________________________
Notary Public