32-09.1-07. Form of summons and notice

32-09.1-07. Form of summons and notice

1. The garnishee summons must state:

a. That the garnishee shall serve upon the plaintiff or the plaintiff's attorney within

twenty days after service of the garnishee summons:

(1) A written disclosure, under oath, of indebtedness to the defendant; and

(2) Answers, under oath, to all written interrogatories that are served with the

garnishee summons.

b. The full name of the defendant, the defendant's place of residence, the date of

the entry of judgment against the defendant, the total amount of the judgment

which remains unpaid, and the retention amount. The retention amount is the

sum of the amount of the judgment which remains unpaid, one hundred

twenty-five dollars, and an amount equal to nine months of interest on the amount

of the judgment which remains unpaid.

c. That the garnishee shall retain property, earnings, or money in the garnishee's

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 to the

plaintiff.

d. That after the expiration of the period of time specified in section 32-09.1-20, the

garnishee shall release all retained property, earnings, and money to the

defendant and is discharged and relieved of all liability on the garnishee

summons.

e. That an employer may not discharge an employee because the employee's

property, earnings, or money are subject to garnishment.

f. That any assignment of wages made by the defendant or indebtedness to the

garnishee incurred within ten days before the receipt of notice of the first

garnishment on the underlying debt is void.

g. That the defendant must provide to the garnishee within ten days after receipt of

the garnishee summons a list of the dependent family members who reside with

the defendant and their social security numbers, if any, to have the maximum

amount subject to garnishment reduced under subsection 2 of section

32-09.1-03.

h. That failure of the defendant to provide a list to the garnishee within ten days after

receipt of the garnishee summons is conclusive with respect to whether the

defendant claims no family members.

2. Under subdivision a of subsection 1, the plaintiff may not require the garnishee to

disclose indebtedness or property of the defendant in the garnishee's possession or

under the garnishee's control to the extent that the indebtedness or property exceeds

the retention amount.

3. The garnishee summons and notice to defendant must be substantially in the following

form:

State of North Dakota ) In ___________ Court

) ss.

County of __________ ) ____________________

______________________________

Plaintiff

against Garnishee Summons and

______________________________ Notice to Defendant

Defendant

and

______________________________

Garnishee

The State of North Dakota to the above-named Garnishee:

You shall serve upon the plaintiff or the plaintiff's attorney, within twenty days after

service of this summons upon you, a written disclosure, under oath, setting forth the

amount of 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 retention amount.) The date of entry of the judgment against the

defendant was _________ (enter date of entry of plaintiff's judgment) and the amount of the

judgment that remains unpaid is $__________.

The defendant shall provide you with a 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 subsection 2 of section 32-09.1-03. Failure of

the defendant to provide the list to you is conclusive to establish that the defendant claims

no dependent family members reside with the defendant.

l provide you with a 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 subsection 2 of section 32-09.1-03. Failure of

the defendant to provide the list to you is conclusive to establish that the defendant claims

no dependent family members reside with the defendant.

Failure to disclose and withhold may make you liable to the plaintiff for the sum of

$___________. (Enter the retention amount.)

You shall retain the defendant's nonexempt property, money, earnings, 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 360 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 360 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 days before the receipt of the first garnishment on a debt is void and

should be disregarded.

You may not discharge the defendant because the defendant's earnings are subject to

garnishment.

Dated ________, ____.

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.

_________________________

(Attorneys for Plaintiff)

________________________

(Address)

_________________________

(Telephone)