This text of North Dakota § 32-09.1-04 (Notice before garnishment of earnings - Notice of renewal of garnishment of earnings) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
of earnings.
1.At least ten days before the issuance of any garnishee summons against the earnings
of any person, the creditor shall serve upon the debtor a notice that a garnishee
summons may be issued. The notice must be served personally or by first-class mail.
Failure to serve the notice renders any subsequent garnishment void. The notice must
be in substantially the following form:
To: _____________________ Date: _______________
Debtor
Please take notice that a garnishee summons that will require part of your
wages to be withheld may be served upon your employer, without any further
court proceedings or notice to you, at any time after ten days following the date of
this notice. For each dependent family member residing with you, the amount
subject to garnishment for any workweek may
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of earnings.
1. At least ten days before the issuance of any garnishee summons against the earnings
of any person, the creditor shall serve upon the debtor a notice that a garnishee
summons may be issued. The notice must be served personally or by first-class mail.
Failure to serve the notice renders any subsequent garnishment void. The notice must
be in substantially the following form:
To: _____________________ Date: _______________
Debtor
Please take notice that a garnishee summons that will require part of your
wages to be withheld may be served upon your employer, without any further
court proceedings or notice to you, at any time after ten days following the date of
this notice. For each dependent family member residing with you, the amount
subject to garnishment for any workweek may be reduced by twenty dollars, if
within ten days after receipt of the garnishee summons you provide to your
employer a list signed by you, under penalty of perjury, of the dependent family
members residing with you and their social security numbers, if any. If you
provide the list of dependents after the ten-day period, the exemptions you claim
will apply only to the amounts subject to garnishment after the date you provide
the list. You may wish to contact the undersigned judgment creditor or attorney to
arrange for the settlement of the debt, which is $____________________.
________________________
Judgment Creditor
Address
2. As an alternative to subsection 1, if a creditor renews an expiring continuing lien on
wages under section 32-09.1-21, at least ten days but no more than twenty days
before the expiration of the continuing lien on wages, the creditor may serve upon the
debtor a notice that a garnishee summons may be reissued for a continuing lien on
wages under section 32-09.1-21. The notice must be served personally or by
first-class mail. Failure to serve the notice renders any subsequent garnishment void.
The notice must be in substantially the following form:
To: _____________________ Date: _______________
Debtor
Please take notice that a garnishee summons that will require part of your
wages to be withheld may be served upon your employer without any further
court proceedings or notice to you. This action is a renewal of the current
garnishment order for this case. For each dependent family member residing with
you, the amount subject to garnishment for any workweek may be reduced by
twenty dollars, if within ten days after receipt of the garnishee summons you
provide to your employer a list signed by you, under penalty of perjury, of the
dependent family members residing with you and their social security numbers, if
any. If you provide the list of dependents after the ten-day period, the exemptions
you claim will apply only to the amounts subject to garnishment after the date you
provide the list. You may wish to contact the undersigned judgment creditor or
attorney to arrange for the settlement of the debt, which is $
____________________.
________________________
Judgment Creditor
Address
3. In addition to the notice required under subsection 1 or 2, the creditor shall serve a
garnishment debtor's list in substantially the following form under the caption of the
case:
To: Garnishee
I, under penalty of perjury, __________ (garnishment debtor) certify and affirm
that the following persons are my dependents and they reside in my household
and I claim the garnishment exemptions as provided by NDCC 32-09.1-03(2):
Name Social Security Number
_________________ ________________
_________________ ________________
_________________ ________________
Dated this __________ day of ____________ , _______.
_______________________
Garnishment Debtor