4.05.090 Disclosure
Within the time as limited, the garnishee shall serve upon the plaintiff or the plaintiff's attorney written answers, under oath, to the questions in the garnishment disclosure form and to any written interrogatories that are served upon the garnishee. The amount of the garnishee's disclosure need not exceed one hundred ten percent (110%) of the amount of the plaintiff's judgment, which remains unpaid, after subtracting the total of setoffs, defenses, exemptions, ownership's, or other interests. The written answers may be served personally or by mail. If disclosure is by a corporation or limited liability company, it must be verified by some officer, manager, or agent having knowledge of the facts. Disclosure must state:
(a) The amount of disposable earnings earned or to be earned within the defendant's pay periods, which may be subject to garnishment and all of the garnishee's indebtedness to the defendant, up to one hundred ten percent (110%) of unpaid judgment.
(b) Whether the garnishee held, at the time, the title or possession of or any interest in any personal property or any instruments or papers relating to any property belonging to the defendant or in which the defendant is interested. If the garnishee admits any interest or any doubt respecting the interest, the garnishee shall set forth a description of the property and the facts concerning the property and the title, interest, or claim of the defendant in or to the property.
(c) If the garnishee claims any setoff or defense or claim or lien to disposable earnings, indebtedness, or property, the garnishee shall disclose the amount and the facts.
(d) Whether the defendant claims any exemption from execution or any other objection, known to the garnishee or the defendant, against the right of the plaintiff to apply upon demand the debt or property disclosed.
(e) If other persons make claims to any disposable earnings, debt, or property of the defendant, the garnishee shall disclose the names and addresses of the other claimants and, so far as known, the nature of their claims.
(f) A garnishment disclosure form must be served upon the garnishee. The disclosure must be substantially in the following form:
In Turtle Mountain Tribal Court
__________________________)
Plaintiff, )
)
Vs. )
)
__________________________)
Defendant, ) GARNISHMENT DISCLOSURE
)
and )
)
__________________________)
Garnishee, )
I am the ______________________ of the garnishee and duly authorized to disclose for the garnishee.
On the ________day _______________, 19_____, the time of service of garnishee summons on the garnishee, there was due and owing the defendant from the garnishee the following:
(g) Earnings. For the purpose of garnishment, "earnings" means compensation payable for personal service whether called wages, salary, commission, bonus, or otherwise, and includes periodic payments under a pension or retirement program. "Earnings" does not include social security benefits, veteran's disability pension benefits, except when the benefits are subject to garnishment to enforce any order for the support of a dependent child. "Earnings" includes military retirement pay. "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of amounts required by law to be withheld. If the garnishee summons was served upon you at a time when earnings from a prior completed pay period were owed but not paid, complete the following disclosure for earnings from both the past pay period and the current pay period.
(1) Enter on the line below the amount of disposable earnings earned or to be earned by the defendant within the defendant's pay periods, which may be subject to garnishment
________________________________________
(2) Enter on the line below forty (40) times the hourly federal minimum wage times the number of workweeks within the defendant's pay periods, which may be subject to garnishment. When pay periods consist of other than a whole number of workweeks, each day of a pay period in excess of the number of completed workweeks must be counted as a fraction of a workweek equal to the number of workdays divided by the number of workdays in the normal workweek.
_________________________________________
(3) Enter on the line below the difference obtained (never less than zero (0)) when line (b) is subtracted from line (a).
(4) Enter on the line below 25 percent (25%) of line (a).
__________________________________________
(5) Enter on the line below the lesser of line (c) and line (d).
___________________________________________
(6) Enter on the line below the number of dependent family members living with the defendant (if properly claimed within ten (10) days after receipt of the garnishee summons).
__________________________________________
(7) Enter on the line below an amount equal to the number of dependents (line f) times thirty dollars ($30) times the number of workweeks used to compute line (b).
__________________________________________
(8) Enter on the line below the difference (never less than zero (0)) when line (g) is subtracted from line (e).
__________________________________________
(h) Money. Enter on the line below any amounts due and owing to the defendant, except earnings, from the garnishee.
_____________________________________________
(i) Property. Describe on the line below any personal property, instruments, or papers belonging to the defendant and in the possession of the garnishee.
_______________________________________________
(j) Setoff. Enter on the line below the amount of any setoff, defense, lien, or claim which the garnishee claims against the amount set forth on lines 1(h), 2, and 3). Allege the facts by which the setoff, defense, lien, or claim is claimed. (Any indebtedness to a garnishee-employer incurred by the judgment debtor within ten (10) days before the receipt of the first garnishment on a debt is void and cannot be considered.
_______________________________________________
(k) Adverse Interest. Enter on the line below any amounts claimed by other persons by reason of ownership or interest in the defendant's property. State each person's name and address and the nature of that person's claim, if known. (Any assignment of wages made by the defendant within ten (10) days before the receipt of the first garnishment on a debt is void and should be disregarded)
_______________________________________________
(l) Enter on the line below the total of lines 4 and 5.
_______________________________________________
(m) Enter on the line below the difference obtained (never less than zero (0)) when line (m) is subtracted from the sum of lines l(h), 2 and 3).
_______________________________________________
(n) Enter on the line below 110 percent (110%) of the amount of the judgment creditor's judgment, which remains unpaid.
_______________________________________________
(o) Enter on the line below the lesser of line 7 and line 8. As garnishee, you are hereby instructed to retain this amount only if it is ten dollars ($10) or more.
_______________________________________________
Signature_________________________________
Authorized Representative of Garnishee
__________________________________________
Title
