32-09.1-04. Notice before garnishment of earnings - Notice of renewal of garnishment of earnings

32-09.1-04. Notice before garnishment of earnings - Notice of renewal of garnishment

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