32-09.1-09. Disclosure

32-09.1-09. Disclosure

1. Within the time as limited in the garnishee summons, 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 the

retention amount. 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 an

officer, a manager, or an agent having knowledge of the facts.

2. 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.

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.

3. A garnishment disclosure form must be served upon the garnishee. The disclosure

must be substantially in the following form, subject to subsection 3 of section

32-09.1-03:

State of North Dakota ) In ___________ Court

) ss.

County of __________ ) ____________________

______________________________

Plaintiff

vs.

______________________________

Defendant

and Garnishment Disclosure

______________________________

Garnishee

I am the __________________ of the garnishee and duly authorized to disclose for

the garnishee.

On ______________, ______, the time of service of garnishee summons on the

garnishee, there was due and owing the defendant from the garnishee the following:

1. Earnings. For the purposes 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 or veterans'

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 owing but not paid,

complete the following disclosure for earnings from both the past pay period and

the current pay period.

2. Money. Any amounts due and owing to defendant from the garnishee, except for

earnings. (amount and facts)

3. Property. Any personal property, instruments, or papers belonging to the

defendant and in the possession of the garnishee. (description, estimated value,

and facts)

4. Adverse interest and setoff. Any setoff, defense, lien, or claim by the garnishee or

other persons by reason of ownership or interest in the defendant's property. You

m the garnishee, except for

earnings. (amount and facts)

3. Property. Any personal property, instruments, or papers belonging to the

defendant and in the possession of the garnishee. (description, estimated value,

and facts)

4. Adverse interest and setoff. Any setoff, defense, lien, or claim by the garnishee or

other persons by reason of ownership or interest in the defendant's property. You

must state the name and address and the nature of that person's claim if known.

(Any assignment of wages made by the defendant or any indebtedness to a

garnishee within ten days before the receipt of the first garnishment on a debt is

void and should be disregarded.)

5. Dependent. Any family member of the defendant who is residing in the

defendant's residence. (If properly claimed after receipt of the garnishee

summons.)

6. Earnings worksheet:

a. Total earnings in pay period ________

b. Federal tax ________

c. State tax ________

d. FICA (social security/Medicare) ________

e. Total deductions (lines b+c+d) ________

f. Disposable earnings (line a less line e) ________

g. Twenty-five percent of line f ________

h. Minimum wage exemption

(minimum wage times forty hours times

number of weeks in pay period) ________

i. Line f less line h ________

j. Line g or line i (whichever is less) ________

k. Dependent exemption (twenty dollars

per dependent per week, if claimed) ________

l. Adverse interest or setoff ________

m. Total of lines k and l ________

n. Line j less line m (the amount of earnings

subject to garnishment) ________

7. Total of property, earnings, and money. The garnishee shall add the total of

property, earnings, and money and if this sum is ten dollars or more, the

garnishee shall retain this amount, not to exceed the retention amount identified

by the plaintiff in the garnishee summons.

Signature ___________________________

Garnishee or Authorized Representative

of Garnishee

__________________________

Title

Subscribed and sworn to before me on ______________, _____.

_____________________________________

Notary Public