Exemption Claim Form Financial Institution Execution Form. This is a Connecticut form and can be use in Civil Statewide.
Tags: Exemption Claim Form Financial Institution Execution, JD-CV-24a, Connecticut Statewide, Civil
EXEMPTION CLAIM FORM FINANCIAL INSTITUTION EXECUTION JD-CV-24A Rev. 7-10 C.G.S. 31-58(j), 52-321a, 52-350a, 52-352b, 52-361a, 52-367b, 29 U.S.C. 206(a)(1) STATE OF CONNECTICUT SUPERIOR COURT www jud.ct.gov SEE INSTRUCTIONS ON BACK/PAGE 2 Name and address of Judgment Debtor or Attorney (To be completed by judgment creditor or attorney) To: Section I — (To be completed by judgment creditor) Judicial District Geographical Area Number Housing Session Name and address of Court (Number, Street, Town and Zip Code) Docket number Name of Judgment Debtor Name of case Section II — (To be completed by financial institution - see instructions on back/page 2) Name and address of financial institution to which exemption claim (if any) is to be returned Date of mailing to Judgment Debtor Description of account (e.g., savings, checking, etc.) and Amount removed pursuant to execution last four digits of account number Amount and type of readily identifiable exempt funds not removed Additional sheet(s) attached hereto and made a part hereof (if necessary). Section III — Notice To Judgment Debtor As a result of a judgment entered against you, the attached execution has been issued against funds deposited by you in the financial institution named above. In compliance with this execution, the financial institution has removed the amount of money indicated above from the account(s) enumerated above. THE MONEY IN YOUR ACCOUNT(S) MAY BE EXEMPT FROM EXECUTION - The money in your account(s) may be protected from execution by state statutes or by other laws or regulations of this state or of the United States. A checklist and a description of the most common exemptions established by law are set forth below. HOW TO CLAIM AN EXEMPTION ESTABLISHED BY LAW. If you wish to claim that the money in your account(s) is exempt by law from execution, you must fill out and sign before a proper official the Affidavit of Claim of Exemption below and mail or deliver this exemption claim form to the financial institution at the above address. This form must be received by the financial institution no later than 15 days from the DATE OF MAILING TO THE JUDGMENT DEBTOR indicated above. Upon receipt of this form the financial institution will forward it to the Superior Court and the court clerk will notify you and the judgment creditor of the date on which a hearing will be held by the court to determine the issues raised by your claim. SECTION IV AFFIDAVIT OF CLAIM OF EXEMPTION ESTABLISHED BY LAW I, the judgment debtor named above, hereby claim and certify under the penalty of false statement that the money in the above account is exempt by law from execution as follows: ("X" all that apply to the funds contained in this account) Private pension, trust, retirement, or medical savings account payments (§§52-321a, 52-352b(m)) Social Security benefits (§52-352b(g)) Unemployment benefits (§52-352b(g)) Worker's Compensation benefits (§52-352b(g)) Veteran's benefits (§52-352b(g)) Public Assistance payments (§52-352b(d)) Wages* (§52-361a) Wages earned by a public assistance recipient under an incentive earnings or similar program (§52-352b(d)) Health or disability insurance payments (§52-352b(e)) An amount in the bank not to exceed $1000 (§52-352b(r)) Other claim of exempt funds (Explain basis for claim of exemption) : Court-ordered child support payments (§52-352b(h)) Alimony and support other than child support* (§52-352b(n)) Amount claimed to be exempt if less than the entire amount: *See Note Regarding Exemption for Wages and Alimony on back/page 2. Date signed Signed Telephone number Complete mailing address of Judgment Debtor Subscribed and sworn to before me on : Date At (Town) Signed (Notary Public, Commissioner of Superior Court) Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com Instructions To Clerk To Financial Institution 1. Attach this form to each financial institution execution issued in a civil or family matter against a judgment debtor that is a natural person. 2. Deliver the execution along with this form to the judgment creditor requesting the execution. 3. If judgment debtor completes and returns this form claiming an exemption, enter the appearance of the judgment debtor with address set forth on page 1. 4. Set matter down for short calendar hearing. 5. Complete section VII below. 6. Send file-stamped copy of this form to judgment debtor and judgment creditor. 7. After hearing, send copy of any order entered to the financial institution. 1. Complete section II of this form and send 2 copies of this form and the financial institution execution form to the judgment debtor and to any secured party that is party to a control agreement between the financial institution and such secured party under article 9 of title 42a pursuant to section 52-367b of the General Statutes. 2. If this claim of exemption is returned completed, fill out section VI of this form and mail, within two business days, to the issuing clerk's office at the address of court indicated on the front side. See additional instructions on the financial institution execution form. Note Regarding Exemption For Wages And Alimony The amount of wages and alimony that may be subject to levy or other withholding for payment of a judgment is the lesser of (1) twentyfive per cent of the individual's disposable earnings for that week, or (2) the amount by which the individual's disposable earnings for that week exceed forty times the higher of (A) the federal minimum hourly wage under Section 6(a)(1) of the Fair Labor Standards Act of 1938, U.S.C. tit. 29, Section 206(a)(1), or (B), the state minimum hourly wage under subsection (j) of Section 31-58, in effect at the time the earnings are payable. C.G.S. 52-350a(4) defines "disposable earnings" as that part of the earnings of an individual remaining after the deduction from those earnings of amounts required to be withheld for payment of federal income and employment taxes, normal retirement contributions, union dues and initiation fees, group life insurance premiums, health insurance premiums and federal tax levies. Section V — Proper Officer Must Complete This Section Date of service on financial institution Name and title of proper officer Telephone number Section VI — (To be completed by financial institution upon return of exemption claim form) Date claim received Date mailed to court Name of financial institution Telephone number Section VII — Notice To Judgment Debtor And Judgment Creditor The assets in dispute are being held for (1) forty-five days from the date the exemption claim form was received by the financial institution designated on the front of this form or (2) until disposition is ordered by the court at a hearing to be held at short calendar on the date set forth below, whichever occurs earlier. Date of hearing Time of hearing a.m. p.m. Courtroom Date signed Signed (Assistant Clerk) Order The Court/Magistrate, having held a hearing to determine the issues raised by this claim, hereby orders that: By the Court (Name of Judge/Family Support Magistrate/Magistrate) Judge Signed (Judge/Family Support Magistrate/Magistrate/Assistant Clerk) FSM Magistrate Date signed JD-CV-24A (page 2) Rev. 7-10 Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com