N.D. Cent. Code § 32-09.1-07

Current through 2023 Legislative Sessions

Section 32-09.1-07 - Form of summons and notice

1. The garnishee summons must state:

a. That the garnishee shall serve upon the plaintiff or the plaintiff's attorney within twenty days after service of the garnishee summons:

(1) A written disclosure, under oath, of indebtedness to the defendant; and

(2) Answers, under oath, to all written interrogatories that are served with the garnishee summons.

b. The full name of the defendant, the defendant's place of residence, the date of the entry of judgment against the defendant, the total amount of the judgment which remains unpaid, and the retention amount. The retention amount is the sum of the amount of the judgment which remains unpaid, one hundred twenty-five dollars, and an amount equal to nine months of interest on the amount of the judgment which remains unpaid.

c. That the garnishee shall retain property, earnings, or money in the garnishee's possession pursuant to this chapter until the plaintiff causes a writ of execution to be served upon the garnishee or until the defendant authorizes release to the plaintiff.

d. That after the expiration of the period of time specified in section 32-09.1-20, the garnishee shall release all retained property, earnings, and money to the defendant and is discharged and relieved of all liability on the garnishee summons.

e. That an employer may not discharge an employee because the employee's property, earnings, or money are subject to garnishment.

f. That any assignment of wages made by the defendant or indebtedness to the garnishee incurred within ten days before the receipt of notice of the first garnishment on the underlying debt is void.

g. That the defendant must provide to the garnishee within ten days after receipt of the garnishee summons a list of the dependent family members who reside with the defendant and their social security numbers, if any, to have the maximum amount subject to garnishment reduced under subsection 2 of section 32-09.1-03.

h. That failure of the defendant to provide a list to the garnishee within ten days after receipt of the garnishee summons is conclusive with respect to whether the defendant claims no family members.

2. Under subdivision a of subsection 1, the plaintiff may not require the garnishee to disclose indebtedness or property of the defendant in the garnishee's possession or under the garnishee's control to the extent that the indebtedness or property exceeds the retention amount.

3. The garnishee summons and notice to defendant must be substantially in the following form: State of North Dakota ) In ___________ Court

) ss. County of __________ ) ____________________

______________________________ Plaintiff against Garnishee Summons and ______________________________ Notice to Defendant Defendant and ______________________________ Garnishee The State of North Dakota to the above-named Garnishee:

You shall serve upon the plaintiff or the plaintiff's attorney, within twenty days after service of this summons upon you, a written disclosure, under oath, setting forth the amount of any debt you may owe to the defendant, ____________________ (give full name and residence of defendant) and a description of any property, money, or effects owned by the defendant which are in your possession. Your disclosure need not exceed

$___________. (Enter retention amount.) The date of entry of the judgment against the defendant was _________ (enter date of entry of plaintiff's judgment) and the amount of the judgment that remains unpaid is $__________. The defendant shall provide you with a list of the names of dependent family members who reside with the defendant and their social security numbers if the defendant desires to have the garnishment amount reduced under subsection 2 of section 32-09.1-03. Failure of the defendant to provide the list to you is conclusive to establish that the defendant claims no dependent family members reside with the defendant.

Failure to disclose and withhold may make you liable to the plaintiff for the sum of $___________. (Enter the retention amount.)

You shall retain the defendant's nonexempt property, money, earnings, and effects in your possession until a writ of execution is served upon you, until the defendant authorizes release to the plaintiff, or until the expiration of 360 days from the date of service of this summons upon you. If no writ of execution has been served upon you or no agreement has been made for payment within 360 days, the garnishment ends and any property or funds held by you must be returned to the defendant if the defendant is otherwise entitled to their possession.

Any assignment of wages by the defendant or indebtedness to you incurred by the defendant within ten days before the receipt of the first garnishment on a debt is void and should be disregarded.

You may not discharge the defendant because the defendant's earnings are subject to garnishment.

Dated ________, ____.

By: ______________________________ NOTICE TO DEFENDANT To:___________________________ The garnishee summons, garnishment disclosure form, and written interrogatories (strike out if not applicable), that are served upon you, were also served upon

_______________________, the garnishee.

_________________________

(Attorneys for Plaintiff) ________________________

(Address) _________________________

(Telephone)

N.D.C.C. § 32-09.1-07