4.05.070 Form of Summons and Notice

(a) The garnishee summons must state that the garnishee must serve upon the plaintiff or the plaintiffs' attorney within twenty (20) days after service of the garnishee summons a written disclosure, under oath, of indebtedness to or property of the defendant and answers to all written interrogatories that are served with the garnishee summons. The plaintiff may not require disclosure of indebtedness or property in excess of one hundred ten percent (110%) of the amount of the judgment, which remains unpaid. The garnishee summons must include the full name of the defendant and place of residence and the amount of the judgment, which remains unpaid. The garnishee summons must also state that the garnishee must retain property or money in the garnishees possession pursuant to this chapter until the plaintiff causes a writ of execution to be served upon the garnishee or until the defendant authorizes release of all detained property and money to the defendant and is discharged and relieved of all liability on the garnishee summons.

(b) The garnishee summons must state:

(1) that no employer may discharge any employee because the employee earnings are subject to garnishment; and

(2) that any assignment of wages made by the defendant or indebtedness to the garnishee incurred within ten (10) days before the receipt of notice of the first garnishment on the underlying debt is void; and the date of the entry of judgment against the defendant; and after receipt of the garnishee summons a verified list of the dependent family members who reside with the defendant and their social security numbers; and

(3) failure of the defendant to provide a verified list to the garnishee within ten (10) days after receipt of the garnishee summons establishes a rebuttable presumption with respect to whether the defendant claims no family members.

In Turtle Mountain Tribal Court

__________________________)

Plaintiff, )

) GARNISHEE SUMM0NS AND

against ) NOTICE TO DEFENDANT

)

__________________________)

Defendant, )

)

and )

)

__________________________)

Garnishee, )

The ______________________to the above-named Garnishee:

You must serve upon the plaintiff or the plaintiff's attorney, within twenty (20) days after service of this summons upon you, a written disclosure, under oath, setting forth the amount or any debt you may owe to the defendant, (give full name and residence of defendant) and a description of any property, money, or effects owned by the defendant which are in your possession. Your disclosure need not exceed $____________(Enter the amount of 110 percent (110%) of the plaintiff's judgment which remains unpaid.) The date of entry of the judgment against the defendant was________(enter date of the entry of plaintiff's judgment) and the amount of the judgment that remains unpaid is $_____. The defendant must provide you with a verified list of the names of dependent family members who reside with the defendant and their social security numbers if the defendant desires to have the garnishment amount reduced under Restriction on garnishment of earnings, § 4.0503(a) and (b). Failure of the defendant to provide the list to you is establishes a rebuttable presumption that the defendant claims no dependent family members who reside with the defendant. Failure to disclose and withhold may make you liable to the plaintiff for the sum of $___________(Enter the amount of lesser of the plaintiff judgment against the defendant or 110 percent (110%) of the amount that remains unpaid.

You must retain the defendant's nonexempt property, money, and effects in your possession until a writ of execution is served upon you, until the defendant authorizes release to the plaintiff, or until the expiration of one-hundred-eighty (180) days from the date of service of this summons upon you. If no writ of execution has been served upon you or no agreement has been made for payment within one-hundred-eighty (180) days, the garnishment ends and any property or funds held by you must be returned to the defendant if the defendant is otherwise entitled to their possession. Any assignment of wages by the defendant or indebtedness to you incurred by the defendant within ten (10) days before the receipt of the first garnishment on a debt is void and should be disregarded.

You may not discharge from employment the defendant because the defendant's earnings have been subject to garnishment.

Dated this __________ day of _________, 19_________.

By: _______________________

NOTICE TO DEFENDANT

TO: _________________________

The garnishee summons, garnishment disclosure form, and written interrogatories (strike out if not applicable), that are served upon you, were also served upon _________________, the garnishee.

Plaintiff or Plaintiff's attorney

Address

Telephone