INSTRUCTIONS: HOW TO REQUEST RELEASE OF FUNDS Money seized under a Writ of Execution and held by the court cannot be released to you (the creditor) until the court receives proof that the debtor has been served with notice of the levy (seizure) and notice of the debtor's right to claim exemptions. If the court is holding such money in your case and you have not been able to show proof that the debtor has received this notice, you must explain to the court what you have done to serve the debtor. If the judge decides you have made enough effort to notify the debtor, the judge may order the money released to you. 1. Ask the clerk's office for the following two forms: CIV-546, REQUEST TO RELEASE FUNDS CIV-547, AFFIDAVIT OF ATTEMPTED SERVICE OF NOTICE (AND DILIGENT INQUIRY) 2. CIV-546. REQUEST Fill out the caption at the top of the form (court location, plaintiff and defendant names and case number). Then, fill in the Request section (the first paragraph of the form) and date and sign it. Do not fill in the Order section. 3. CIV-547. AFFIDAVIT Fill out the caption at the top of the form and everything else on the form. Your signature at the bottom of the form must be notarized because the statements you make in the affidavit must be made under oath. A court clerk can notarize your affidavit for you. In section 3 of the form, you must explain the efforts you have made to serve the debtor. Explain whether you used service by certified mail or by a process server. The judge may require you to try both methods. In addition, the judge may require that the notice be sent to the debtor by first class mail (not certified). Section 4 concerns additional efforts you have made to locate the debtor. Civil Rule 4(e) requires that you diligently inquire as to the debtor's whereabouts. You must explain to the court what you have done to satisfy this requirement. You could, for example, explain your attempts to learn the debtor's new address by contacting: -the debtor's friends, family, employers, etc. -telephone information in cities where you believe the debtor may be living (also check telephone books and city directories) -motor vehicle registrars Explain the results of each contact.