Judgment debtors motion return or release of wages exempt form
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Form #2DC27B
JUDGMENT DEBTOR(S)'S MOTION FOR RETURN/RELEASE OF WAGES FROM GARNISHMENT; NOTICE OF HEARING; CERTIFICATE OF SERVICE; GARNISHMENT CALCULATION WORKSHEET; EXHIBIT "A" IN TH E DI S T R I C T CO U R T O F T H E SE C O N D CI R C U I T
D I V I S I O N
S T A T E O F HA W A I ‘I
Civil No.
Reserved for Court Use
Plaintiff(s) Defendant(s)
Filing Party(ies)/Filing Party(ies)’ Attorney (Name, Attorney
Number, Firm Name (if applicable), Address, Telephone and Facsimile Numbers)
JUDGMENT DEBTOR(S)’S MOTION
FOR RETURN/RELEASE OF WAGES EXEMPT FROM GARNISHMENT
Filing Party(ies) moves this Court for an Order returning or releasing to the filing party all or a portion of wages which have been garnished because:
1.
■ The amount garnished or withheld was excessive as the ■ Federal Law ■ State Law was more favorable to the filing party.
2.
■ The Garnishee should have deducted $____________ , rather than $____________ according to the Garnishment Calculation
Worksheet, Form# DC27C, and a copy of applicable pay stub attached as Exhibit “A”.
3.
■ Other (specify) ______________________________________________________________________________________
Date: Signature of Judgment Debtor(s)’/Declarant:
Print/Type Name:
NOTICE OF HEARING
TO: _________________________________________________________________________________________________________
Please take notice that this Motion will be heard before the Presiding Judge of this Court in his/her Courtroom, at the address on the
next page on _____________. _____________________. 20 ____, at _______ a.m. or as soon thereafter as parties may be heard.
R eprographics (02/1 5)
page 1 of 2
Section 508 Certified
gaRnRet 2d-p-306 (Rev 7/24/2017)
Form #2DC27B
COURT ADDRESS(ES):
[ ]Wailuku Division (Regular Claims)
[ ]Wailuku Division (Small Claims)
[ ]Lahaina Division
[ ]Hana Division
[ ]Moloka'i Division
[ ]Lana'i Division
Mailing address for the above Courts: 2145 Main Street, Courtroom 3C, Third Floor, Wailuku, HI 96793
2145 Main Street, Courtrtoom 3D, Third Floor, Wailuku, HI 96793
1870 Honoapi‘ilani Highway, Lahaina, HI 96761
4974 Uakea Road, Hana, HI 96713
55 Makaena Place, Kaunakakai, Moloka‘i, HI 96748
312 8th Street, Lana‘i City, Lana‘i, HI 96793
2145 Main Street, Rm. 106, Wailuku, HI 96793
CERTIFICATE OF SERVICE
I certify that a copy of this Motion was served at the last known address(es) of the Opposing Party(ies) or Opposing Party(ies)’ attorney on (date) ______________________________ by
■ Hand-delivery or ■ Mail, at the following address(ies):
Judgment Creditor: Employer/Garnishee
Date: Signature of Filing Party(ies)/Filing Party(ies)’ Attorney:
Print/Type Name:
RESPONSE TO MOTION/CERTIFICATE OF SERVICE
■ I DO NOT OBJECT to this Motion.
■ I DISAGREE with this Motion for the following reasons: (Attache continuation page, if necessary).
I have read this Response, know the contents and verify that the statements are true to my personal knowledge and belief. I DECLARE
UNDER PENALTY OF PERJURY THAT THE FOLLOWING IS TRUE AND CORRECT.
CERTIFICATE OF SERVICE
I certify that a copy of this Motion was served at the last known address(es) of the Opposing Party(ies) or Opposing Party(ies)’ attorney on (date) ______________________________ by
■ Hand-delivery or ■ Mail at the following address(ies):
Judgment Creditor: Employer/Garnishee
Signature of Respondent Party(ies)/Responding Party(ies)/ Attorney:
Print/Type Name
Date:
In accordance with the Americans with Disabilities Act if you require an accommodation for your disability, please contact the District Court Administration
Office at PHONE NO. 244-2800, FAX 244-2849, or email adarequest@courts.hawaii.gov at least ten (10) working days in advance of your hearing or appointment date. For all civil matters, please call 244-2706 or visit the Service Center at 2145 Main Street, Room 141, Wailuku, HI 96793.
R eprographics (02/1 5)
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