Garnishees Answers To Interrogatories For Property Other Than Earnings Form. This is a Utah form and can be use in Garnishment Statewide.
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Received by clerk on: My Name Address Phone Fax E-mail In the District Justice Court of the State of Utah Judicial District County Address: Plaintiff/Petitioner Garnishee’s answers to interrogatories. Property other than earnings. v. Case Number Judge Commissioner Defendant/Respondent (1) Write your answers in the spaces provided. Attach additional sheets if necessary. (2) Do you possess or control any property in which defendant has an interest? (Property includes real and personal property, including money.) ANSWER: (3) Yes No If yes, please explain in the table below. ANSWER: Garnishee’s answers to interrogatories. Property other than earnings. Revised August 1, 2007 Page 1 American LegalNet, Inc. www.FormsWorkflow.com Describe the property Nature of defendant’s interest in the property The property is due to the defendant on: (date) Value of defendant’s interest in the property Total* (*Unless you deduct an amount under paragraph (3), this total is the amount you must withhold from the defendant. You should handle the property as directed in the Writ of Garnishment.) (4) You may deduct from the amount to be withheld money owed to you by the defendant or the plaintiff, if the amount is not disputed. If you make this deduction, state the amount deducted and the name of the person indebted to you. ANSWER: Amount deducted: $ Person indebted to you: (5) Do you know about any of the defendant’s other property or other debts to defendant? ANSWER: (6) Yes No If Yes, please explain in the table below. ANSWER: Description of property Garnishee’s answers to interrogatories. Property other than earnings. Name and address of person with possession Revised August 1, 2007 Nature and value of defendant’s interest Page 2 American LegalNet, Inc. www.FormsWorkflow.com (7) I served a copy of these Answers to Interrogatories on the plaintiff (or plaintiff’s attorney) by: first class mail by hand delivery to (address) on (date) (8) I served a copy of the Writ of Garnishment, these Answers to Interrogatories, Notice of Garnishment and Exemptions form, and two copies of the Reply and Request for Hearing form on the defendant by: first class mail by hand delivery to (address) on (date) (9) I served a copy of the Writ of Garnishment, these Answers to Interrogatories, Notice of Garnishment and Exemptions form, and two copies of the Reply and Request for Hearing form upon the following persons other than the defendant shown by my records to have an interest in the property by: first class mail by hand delivery to (name) to (address) on (date) I declare under penalty of Section 46-5-101 that this document is true and correct. Date: Sign here Ź Typed or printed name Garnishee’s answers to interrogatories. Property other than earnings. Revised August 1, 2007 Page 3 American LegalNet, Inc. www.FormsWorkflow.com NOTICE OF GARNISHMENT AND EXEMPTIONS NOTICE: YOUR PROPERTY MAY BE TAKEN TO PAY A CREDITOR. PLEASE READ THIS CAREFULLY. 1. If you are the defendant in this action, your rights may be affected. You should read this notice and take steps to protect your rights. 2. If you are not the defendant in this action, papers filed with the court indicate that you may have an interest in the defendant’s property. Your rights may be affected, and you should read this notice and take steps to protect your rights. 3. The garnishee (someone who possesses your property) has been ordered to hold your property. This means that you cannot obtain the property and it may be used to pay a judgment creditor. 4. Certain property and money are exempt from execution (cannot be seized). The following is a partial list of exempt property and money, but some of these exemptions might not apply to judgments for alimony or child support. (A) A burial plot for you and your family. (B) Health aids. (C) Benefits because of disability, illness or unemployment. (D) Medical care benefits. (E) Veteran’s benefits. (F) Social security benefits. (G) Supplemental security income benefits (SSI). (H) Workers’ compensation benefits. (I) Certain retirement benefits. (J) Public assistance. (K) Money or property for child support, alimony or separate maintenance. (L) Certain furnishings, appliances, carpets, animals, books, musical instruments, and heirlooms. (M) Provisions for 12 months. (N) Wearing apparel, not including jewelry or furs. (O) Beds and bedding. (P) Certain works of art. (Q) Compensatory damages from bodily injury or wrongful death. (R) The proceeds of certain life insurance contracts and trusts. (S) Books, implements and tools of a trade. (T) A personal motor vehicle. (U) A motor vehicle used in trade or business. Notice of Garnishment and Exemptions Revised August 1, 2007 Page 1 American LegalNet, Inc. www.FormsWorkflow.com (V) Part of your wages. (W) Property of a person who did not have a judgment entered against him or her, such as the co-owner of the property being held. 5. You should consult the Utah Exemption Act, Utah Code Title 78, Chapter 23. (Available at: (http://www.le.state.ut.us/~code/TITLE78/78_1E.htm). There is no exemption solely because you are having difficulty paying your debts. 6. If you believe that the Writ of Garnishment was issued improperly, that the Answers to Interrogatories are inaccurate, that the judgment creditor owes you money, or that you are entitled to an exemption, DO THE FOLLOWING IMMEDIATELY. You have a deadline of 10 business days from the date the garnishee mailed or delivered this notice to you. (A) Complete the attached “Reply and Request for Hearing” form. (B) Sign your name in the space provided and write the address at which the court clerk should notify you of the hearing. (C) Mail or deliver the form to: the court clerk, the plaintiff, (or plaintiff’s attorney) and the garnishee. Keep a copy for your records. The name and address of the clerk of the court, the plaintiff, (or plaintiff’s attorney) and the garnishee are on the Writ of Garnishment. 7. The court clerk will schedule the matter for hearing and notify you. You should file with the Reply and Request for Hearing form or bring to the hearing any documents that help you prove your property is exempt. 8. If you fail to take these steps, the property being held may be used to pay a judgment creditor. 9. You may consult an attorney and have the attorney represent you at the hearing. Notice of Garnishment and Exemptions Revised August 1, 2007 Page 2 American LegalNet, Inc. www.FormsWorkflow.com