JUDGMENT DEBTOR(S)'S MOTION RETURN/RELEASE OF WAGES EXEMPT FROM GARNISHMENT; NOTICE OF MOTION; CERTIFICATE OF SERVICE; GARNISHMENT CALCULATION WORKSHEET; EXHIBIT "A" Form# 3DC27B IN THE DISTRICT COURT OF THE THIRD CIRCUIT ______________________________ DIVISION STATE OF HAWAI#I Plaintiff(s) Reserved for Court Use Civil No. 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. G The amount garnished or withheld was excessive as the G Federal Law G State Law was more favorable to the filing party. 2. G The Garnishee should have deducted $_________, rather than $__________ according to the Garnishment Calculation Worksheet, and a copy of applicable pay stub attached as Exhibit "A". 3. G Other (specify)_____________________________________________________________________. Date: Signature of Declarant: Print/Type Name: NOTICE OF HEARING TO:__________________________________________________________________________________________________: Please take notice that this Motion will be heard before the Presiding Judge of this Court in his/her Courtroom, at the address checked on page 2 on ____________________, ____________________, 20____, at _______________ a.m. or as soon thereafter as parties may be heard. GARNRET$ SEE AND USE PAGE 2 TO RESPOND TO MOTION Reprographics (02/10) 3D Page 1 of 2 3D-P-308 American LegalNet, Inc. www.FormsWorkFlow.com COURT ADDRESSES G G G G G G G North & South Hilo Division Puna Division North & South Kona Division Ka#u Division South Kohala Division Hamakua Division North Kohala Division 777 Kilauea Avenue, 2nd Floor, Hilo, Hawai#i, 96720 777 Kilauea Avenue, 2nd Floor, Hilo, Hawai#i, 96720 79-1020 Haukapila Street, Kealakekua, Hawai#i, 96750 95-5669 Mamalahoa Highway, Na#alehu, Hawai#i, 96772 67-5187 Kamamalu Street, Kamuela, Hawai#i, 96743 45-3362 Mamane Street, Honoka#a, Hawai#i, 96727 54-3900 Kapa#au Road, Kapa#au, Hawai#i, 96755 Mailing address for the above Courts: G 777 Kilauea Avenue, Hilo, HI 96720-4212, G 79-1020 Haukapila Street, Kealakekua, HI 96750, G 67-5187 Kamamalu Street, Kamuela, HI 96743 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 ___________________________________________ by G Hand-delivery or G Mail, Postage Prepaid, at the following address(es): Judgment Creditor: Employer/Garnishee Signature of Filing Party(ies)/Filing Party(ies)' Attorney: Date: Print/Type Name: RESPONSE TO MOTION/CERTIFICATE OF SERVICE G I DO NOT OBJECT to this Motion. G I DISAGREE with this Motion for the following reasons: (Attach continuation page, if necessary). Reserved for Court Use 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 UNDER THE LAWS OF THE STATE OF HAWAI#I THAT THE ABOVE IS TRUE AND CORRECT: CERTIFICATE OF SERVICE I certify that a copy of this Response was served at the last known address(es) of the Opposing Party(ies) or Opposing Party(ies)' attorney on ___________________________________________ by G Hand-delivery or G Mail, Postage Prepaid, at the following address(es): Judgment Creditor: Employer/Garnishee Signature of Responding Party(ies)/Responding Party(ies)' Attorney: Date: Print/Type Name: In accordance with the Americans with Disabilities Act if you require an accommodation for your disability, please contact the ADA Coordinator at PHONE NO. (808) 961-7424, FAX (808) 961-7411, or TTY (808) 961-7422 at least ten (10) working days in advance of your hearing appointment date. For Civil related matters, please call or visit the District Court Civil Section at Hilo Division, 777 Kilauea Avenue, Hilo, Ph. (808) 961-7515 · Kohala Division, 67-5187 Kamamalu St., Kamuela, Ph. (808) 443-2030 · Kona Division, 79-1020 Haukapila St., Kealakekua, Ph. (808) 322-8700. Reprographics (02/10) 3D Page 2 of 2 3D-P-308 American LegalNet, Inc. www.FormsWorkFlow.com