Free Garnishee Return of Wages - Hawaii

JUDGMENT DEBTOR(S)'S MOTION RETURN/RELEASE OF WAGES EXEMPT FROM GARNISHMENT; NOTICE OF MOTION; CERTIFICATE OF SERVICE; GARNISHMENT CALCULATION WORKSHEET; EXHIBIT "A"

TWO-SIDED FORM Form #1DC27B

IN THE DISTRICT COURT OF THE FIRST CIRCUIT ______________________________ DIVISION 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)

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. 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, 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 ____________________, ____________________, 200___, 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. 10/16/2006)
1D-P-1251

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Form#1DC27B

Reprographics (2/07)

COURT ADDRESSES G G G G G Honolulu Division `Ewa Division Ko#olaupoko OR Ko#olauloa Division Wahiawa OR Waialua Division Wai#anae Divison 1111 Alakea Street, 10th Floor, Honolulu, Hawai#i 96813 870 Fourth Street, Pearl City, Hawai#i 45-939 Po#okela Street, Kane#ohe, Hawai#i 1034 Kilani Avenue, Wahiawa, Hawai#i 87-1784 Farrington Highway, Nanakuli, Hawai#i

Mailing 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 MOTION/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 UNDER THE LAWS OF THE STATE OF HAWAI#I THAT THE FOLLOWING 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 state and federal disability 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 Civil related matters, please call 538-5151.

(Rev. 10/16/2006)
1D-P-1251

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Form#1DC27B