Rule 82 - Garnishment
Rule 82.3 - Request for Exemption from Garnishment
1. A judgment debtor claiming that a) funds in an account are traceable to social security and/or Veterans' benefits, or b) funds sought to be garnished directly from the United States Government, are federal retirement benefits, may request that such funds be exempted from execution, except as the exemption may be limited by 42 U.S.C. Section 659 where the execution is issued to collect child support or maintenance, by filing an affidavit requesting such exemption with the Court Administrator's Office.
2. On the date the affidavit is filed, or within one day thereafter, the Court Administrator's Office will mail a notice of such filing to the judgment creditor, by United States first class mail.
3. A judgment creditor may object to the judgment debtor's request for exemptions by filing an objection with the Court Administrator's Office within ten (10) days of the request. A copy of said objection shall be mailed by the judgment creditor to the judgment debtor at his last known address, by United States first class mail on the date the objection is filed.
4. If an objection is timely filed, the Court Administrator's Office will forward the case file folder to the appropriate judge for a ruling. A hearing may be held by the Court to determine such requests. A hearing shall be held if a party files a request for a hearing with the Court.
5. If no objection is filed within the time provided in paragraph three (3) above, the Court Administrator's Office will automatically release the execution and garnishment without further order of the Court, and mail a copy of the release to the garnishee, by United States Regular Mail.
Adopted 3/5/99
Effective 3/5/99