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" IN THE DISTRICT COURT OF THE THIRD CIRCUIT ______________________________ DIVISION STATE OF HAWAI`I
Plaintiff(s)

TWO-SIDED FORM Form #3DC27B

Reserved for Court Use

Civil No. Filing Party(ies)/Filing Party(ies)' Attorney (Name, Attorney Number, Firm Name (if applicable), Address, Telephone and Facsimile Numbers)

Defendant(s)

JUDGMENT DEBTOR(S)'S MOTION FOR RETURN/RELEASE OF WAGES EXEMPT FROM GARNISHEMENT 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. , rather than $ 2. G The Garnishee should have deducted $ Worksheet, and a copy of applicable pay stub attached as Exhibit "A". according to the Garnishment Calculation

3. G Duplicate receipts were not provided to the employer/garnishee as required by Hawai`i Revised Statutes Section 652-14. 4. G 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 checked on the reverse side on , , 20 , at a.m. or as soon thereafter as parties may be heard. (continued on reverse side)
garnret$.2XX (6/15/98)
3D-P-308
Reprographics (11/06)

SEE AND USE REVERSE SIDE TO RESPOND TO MOTION

G North & South Hilo Division G Puna Division G North & South Kona Division G Ka'u Division G South Kohala Division
Hamakua Division North Kohala Division

COURT ADDRESSES 75 Aupuni Street, Courtroom No. 3, Hilo, Hawai`i, 96720 16-200, Pili Mua Street, Kea'au, Hawai`i , 96749 79-1020 Haukapila Street, Kealakekua, Hawai`i, 96750 95-5669 Mamalahoa Highway, Na'alehu, Hawai'i, 96772 67-5187 Kamamalu Street, Kamuela Hawai`i, 96743 45-3362 Mamane Street, Honoka'a, Hawai'i, 96727 54-3900 Government Main Road, Kapa'au, Hawai'i, 96755

Mailing address for the above Courts: 75 Aupuni Street, Room 205, Hilo, HI 96720, 79-1020 Haukapila Street, Kealakekua, HI 96750, 67-5187 Kamamalu Street, Kamuela, HI 96743 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)' by G Hand-delivery or G Mail, Postage Prepaid, at the following attorney on 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 G

I DO NOT OBJECT to this Motion. I DISAGREE with this Motion for the following reasons: (Attach continuation page, if necessary). Reserved for Court Use

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 G Hand-delivery or G Mail, Postage Prepaid, at the following address(es): Judgment Creditor: Employer/Garnishee

Signature of Responding Party(ies)/Responding Party(ies)' Attorney: Date: Print/Type Name:

In accordance with the Americans with Disabilities Act if you require an accommodation for your disability, please contact the ADA Coordinator at PHONE NO. 934-5788, FAX 935-1959, or TTY 961-7525 at least ten (10) working days in advance of your hearing or appointment date.

Clear form

3D-P-308