Free Microsoft Word - CIV-530 Notice of Garnishment & Notice of Right To Exempti... - Alaska


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http://www.state.ak.us/courts/forms/civ-530.pdf

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IN THE DISTRICT/SUPERIOR COURT FOR THE STATE OF ALASKA AT ) ) ) ) ) ) ) ) ) ) )

Plaintiff(s), vs.

CASE NO. NOTICE OF GARNISHMENT AND NOTICE OF RIGHT TO EXEMPTIONS

Defendant(s). To: (judgment debtor) On (date) to (judgment creditor)

, the above court entered a judgment that you must pay the sum of $ .

Since you have not paid this judgment, the court has issued an order (called a "Writ of Execution for Garnishment of Earnings") which requires your employer to give the court part of your earnings each payday until the judgment is paid. Automatic Exemption Only part of your earnings can be seized to pay your debt. The rest is protected by law ("exempt") from seizure. If you receive your earnings (wages, salary, commissions, etc.) either weekly, every two weeks or monthly, the following part of your earnings is automatically exempt (protected from seizure): $456 per week* or 75% of your weekly "disposable earnings,"** whichever is more.*** If you do not receive your income on such a regular basis (weekly, every two weeks or monthly), see the discussion of the "liquid asset" exemption on the next page.

*

If you are paid monthly, your weekly earnings are determined by dividing your monthly earnings by 4.3. If you are paid twice a month, your weekly earnings are determined by dividing your semi-monthly earnings by 2.17. "Disposable earnings" means the money left after subtracting any amounts required by law to be withheld. Note: Your automatic exemption is less than this if the judgment against you is for child support, the payment of an employee's wages (up to one month's earnings), state or local taxes, or payment to a victim of a felony committed by you. AS 09.38.065. Also note: If you are not a resident of Alaska, then either 30 times the federal minimum hourly wage per week or 75% of your weekly "disposable earnings," whichever is larger, is automatically exempt. AS 09.38.030(d).

** ***

Page 1 of 2 CIV-530 (10/08)(st.2) NOTICE OF GARNISHMENT AND NOTICE OF RIGHT TO EXEMPTIONS

AS 09.38.030-.065 USC 1673 8 AAC 95.030

How to Request an Increased Exemption The automatic exemption described above may be increased to $716 per week if you give the court an affidavit (a sworn written statement) stating, under penalty of perjury, that your earnings alone (and not anyone else's) support your household. You can use the attached "Claim of Exemption from Garnishment" form to do this. Fill out the form, sign it in front of a notary public or court clerk and file it with the court at the following address within 15 days from the date you receive this notice: Clerk of Court

You can also use the Claim form if you believe your employer has not calculated your automatic exemption correctly. If you file the Claim of Exemption form, the court may hold a hearing to determine if you are entitled to the increased exemption. You will be notified of this hearing. You will have to attend the hearing and prove your right to the increased exemption. If this hearing is held in a city other than where you live and it is too inconvenient or expensive for you to attend the hearing, you may ask the court to move the hearing to another city more convenient to you. REMEMBER: YOU MUST FILE YOUR CLAIM WITHIN 15 DAYS. "Liquid Asset" Exemption If you do not receive earnings either weekly, semi-monthly (twice a month) or monthly, you are entitled to a maximum exemption for the aggregate value of cash and other liquid assets available to you in any month of $1820. The term "liquid assets" includes deposits, securities, notes, drafts, accrued vacation pay, refunds, prepayments and receivables. AS 09.38.030(b). This exemption is not automatically given to you. You must claim it if you believe you are entitled to it. To claim it, file a "Claim of Exemption from Garnishment" form with the court as described above. Other Information You can read more about the earnings exemption and the liquid asset exemption in the JUDGMENT DEBTOR BOOKLET (form CIV-511), available at all state courthouses and on the court system's website: www.state.ak.us/courts/forms.htm Interest on the judgment and costs which accrue after the date the writ was issued may be collected by a supplemental notice or supplemental writ after the total amount stated on the original writ has been paid. Note: Federal law prohibits employers from discharging any employee because the employee's earnings have been garnished for any one indebtedness. 15 USC 1674 Please type or print: Name of Creditor's Attorney Address
Page 2 of 2 CIV-530 (10/08)(st.2) NOTICE OF GARNISHMENT AND NOTICE OF RIGHT TO EXEMPTIONS

Name of Judgment Creditor Address

AS 09.38.030-.065 USC 1673 8 AAC 95.030