If you wish to claim wages or salary a s exempt, you must mail or deliver the form within 120 days after you receive the garnishment. ** ORS 18.658 states that a Debt Calculation Form (available in ORS 18.832) must be served on the debtor, along with a copy of the writ of garnishment, a notice of exempt property and a challenge to garnishment form.All Resources referred to below are available on this websiteIf you have a specific legal question, you should contact an attorney — which means they cannot be taken from you to pay unpaid rent or other money you owe a landlord. Present your information to the judge clearly and briefly.
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But, when a landlord uses the sheriff to take your property or mobile home, you may not be permitted to use a Challenge to Garnishment to get the property back., there will be a hearing in court and a judge will decide if you will be able to keep the money or property.You must file the Challenge to Garnishment form within 120 days of receiving the garnishment papers if you are claiming an exemption for wages or salary that the landlord is trying to garnish.Generally, you should try to file the Challenge to Garnishment as soon as you can.To explain why the property is exempt, look at the list below and copy the exemption that applies.Make a copy of the completed form for you to keep. Ask the court clerk when your court hearing will be held. ea��"�0mO�ÇcX{�̛�`�0`h��h���^@Z�5�"sx����'x3>``�d� !��� I.ڕ�p�jR��|=�OI��30d-Ҍ@/�Ҳ������Z �)4����[ �Y��|�0a/D;� [-� *Clothing, jewelry, and other personal items to $1,800.Other annuities to $250 per month, excess over $250 per month subject to same exemption as wage.A payment in compensation of loss of future earnings of you or an individual of whom you are or were a dependent, to the extent reasonably necessary for your support and the support of any of your dependents.The difference between what you actually owe the creditor and the total amount due listed in the Debt Calculation Form**, if the amount listed in the writ is larger.Your right to receive the federal earned income credit.Security deposits or prepaid (last month’s) rent payments held by your landlord.Domestic animals and poultry for family use to $1,000 and their food for 60 days.Health insurance proceeds and disability proceeds of life insurance policies.Cash surrender value of life insurance policies not payable to your estate. List the property or money that you believe is exempt and should not be taken.
County Tax – Notice of Garnishment form OAR 137-060-0110 (DOC) »
* If two or more people in your household owe the judgment, each may claim the exemptions marked by *.
Once you receive it, you will need to complete the form and file it with the court as quickly as possible in order to claim that your property is exempt from garnishment. Object to the garnishee’s answer or failure to answer: Fill out the Notice of Motion and Motion for Judgment Against Garnishee - Earnings Garnishment, (SC-519) form. You should have been served with an answer form that you can fill in the blanks on. Filling Out the Garnishment Forms The form should be typed or neatly printed in ink. 1) Fill out the Challenge to Garnishment form 2) Mail or deliver the Challenge to Garnishment form to the clerk or the court at the address shown on the writ of garnishment. Fill out the Challenge to Garnishment form. The disposable earnings are gross wages less taxes. The landlord’s name should be written on the line for the “plaintiff.” Write your name on the “defendant” line. While the form for an answer is pretty self explanatory, it may make sense to get some help on the first one. AOC-150.2 Doc. 1128 (Writ of Garnishment), No.
529 (Debt Calculation), No.
0 Attach documentation to the Claim of Exemption to support the exemptions you are claiming. by making sure you can give evidence about the value of the things you are claiming and which exemptions they fall under.
endstream endobj startxref %PDF-1.6 %���� If your case is in the district court or a justice court other than Las Vegas, make four copies of the completed form.
Code: GACW & Rev. To explain why the property is exempt, look at the list below and copy the exemption that applies. 530 (Garnishee Response), and No. *Automobile, truck, trailer, or other vehicle to *$3,000*Tools, implements, apparatus, team, harness, or library necessary to carry on your occupation to $5,000. : The values listed represent your equity in the property.Important news for Recipients of SS, SSDI, SSI, VA and RRB benefits with dependents: We have resources and information about Coronavirus (COVID-19) Information about the 'Public Charge' Rule has changed. (the list below for exempt wages, money, and property.) All Social Security and Supplemental Security Income (SSI) benefits and up to $7,500 in exempt wages, retirement benefits, welfare, unemployment benefits and disability benefits that are held in a bank account.Spousal support, child support, or other support if necessary to support you or your dependents.Household goods, furniture, radios, 1 television set, and utensils to $3,000. 5-03 GACN Page 1 of 1 Commonwealth of Kentucky Court of Justice www.kycourts.net KRS 425.501 Name: VS. Name: Case No. Fill in the case caption (plaintiff, defendant, and case number) on all the forms. endstream endobj 334 0 obj <
There is a line for gross wages, one for tax and related deductions, and one for disposable earnings. Once your bank account is garnished, you will receive a challenge to garnishment form which is sometimes also referred to as a Claim of Exemption. Fill out the Claim of Exemption form completely.
After that, it should be easy. The landlord’s name should be written on the line for the “plaintiff.” Write your name on the “defendant” line.
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