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Notice of Rights to AsseRt exemptioN to WAge gARNishmeNt - form 329c wage garnishment


Notice of Rights to AsseRt exemptioN to WAge gARNishmeNt-form 329c wage garnishment

AOC-150 Doc Code: GW NWEALTH OF KE
Rev. 7-09 lex Case No.____________________
jus
et
titia
U
RT
Commonwealth of Kentucky OF JUSTI
Court of Justice www.courts.ky.gov Notice Of Rights
Court_______________________
KRS 425.501-425.506; To Assert Exemption To County______________________
CR 69.02 Wage Garnishment
TO JUDGMENT DEBTOR: JUDGMENT CREDITOR:
Amount Due: $
Probable Court Costs: $
Judgment Date:
The Judgment Creditor is garnishing a portion Creditor's Attorney:
of your wages to satisfy a judgment entered against
you, which includes the Amount Due shown above, plus
interest and costs. You may have a right to recover
all or part of the money your employer will withhold,
but you must follow the instructions given below.
The Garnishee (Employer) is: IMPORTANT LEGAL NOTICE OF
RIGHTS TO ASSERT EXEMPTION
If you are not the actual Judgment Debtor named above, or if the judgment has been paid, immediately notify the Creditor's
Attorney (or the Creditor if no attorney is named above) to avoid garnishment, or request a hearing from the Court (see below).
You are entitled to receive a copy of the first Affidavit and Answer of Garnishee (Employer) to be prepared by your employer
in response to the garnishment of your wages. Read it carefully. Your employer is required to send you a copy of the form on the
back of this notice each time garnished funds have been withheld from your paycheck if the amount withheld is different from the
amount previously withheld from your last paycheck. If you do not receive a copy, request one from your employer. If refused,
request a hearing from the Court (see below). The percentage of disposable earnings exempted from each garnishment, where
the pay period is weekly, is the greater of (A) 75% of disposable earnings or (B) for wages earned after 7/24/09 $217.50 (30
times the federal minimum hourly wage of $7.25).
If you believe that your employer has completed the form incorrectly and withheld wages which are properly exempt, you
must take the following steps: (1) Within thirteen (13) days of the date on the payroll check from which funds have been withheld
as a result of this garnishment, go to the Circuit Clerk's office which issued this garnishment; (2) complete an Affidavit to Challenge
Garnishment; (3) file the original of the Affidavit with the Clerk and keep a copy. The Clerk will set a hearing for you to appear in
court to contest the garnishment of your wages. The Clerk cannot give you legal advice. See a lawyer if you need legal advice.
If you do not appear in court for the hearing, you will lose your right to challenge that particular withholding. At the hearing, the judge
will check the withholding made by your employer to determine if a mistake has been made. If a portion of your wages was improperly
seized, the judge will order that it be returned to you. Otherwise, the judge will order that the garnishment proceed as planned. If
you do not request a hearing within thirteen (13) days of the date on the payroll check, the wages withheld will be later sent to the
Judgment Creditor. The Creditor's Attorney or the Clerk (if there is no Creditor's Attorney) will hold the garnished money received
from your employer for 15 days from the issuance date on the employer's garnishment check. This is to allow you to assert any exemption.
SEE REVERSE SIDE OF THIS NOTICE FOR SAMPLE OF ORDER OF WAGE GARNISHMENT
NTUCKY
CO
COMMO
CE
AOC-150
Rev. 7-09 NWEALTH OF KE Case No.____________________
lex
jus
et
titia
Commonwealth of Kentucky U
RT OF JUSTI Court_______________________
Court of Justice www.courts.ky.gov
KRS 425.501-425.506; Order Of Wage Garnishment County______________________
CR 69.02 (Continuous Or As Designated)
JUDGMENT DEBTOR: JUDGMENT CREDITOR:
Amount Due: $
Probable Court Costs: $
TO THE GARNISHEE (EMPLOYER) NAMED BELOW:
You are hereby (1) restrained from paying to the Judgment Debtor, Judgment Date:
or to anyone for him/her, money, property or other evidence of
debt in your possession belonging to him/her or in which he/she
has any interest; and (2) ordered to continuously withhold and Creditor's Attorney:
safely remit to the creditor's attorney or to the Circuit Clerk (if
there is no creditor's attorney) each pay period the non-exempt
property of the Judgment Debtor withheld for that pay period
until the amount due shown above plus interest and costs are
paid in full, (or for only the succeeding pay periods _______).
SEE REVERSE OF THIS ORDER FOR ADDITIONAL REQUIREMENTS AND INSTRUCTIONS.
___________________________________Circuit Clerk, by:_______________________________D.C._____________________
Garnishee (Employer): (Date)
IMPORTANT NOTICE TO THE ABOVE JUDGMENT DEBTOR: THE JUDGMENT
CREDITOR IS GARNISHING A PORTION OF YOUR WAGES TO PAY A JUDGMENT
ENTERED AGAINST YOU IN THE ABOVE COURT. YOU MAY HAVE A RIGHT TO
RECOVER ALL OR PART OF THE MONEY YOUR EMPLOYER HAS WITHHELD FROM
YOUR PAY. CAREFULLY REVIEW THIS FORM AND YOUR NOTICE OF RIGHTS TO
ASSERT EXEMPTION TO WAGE GARNISHMENT YOU PREVIOUSLY RECEIVED.
CLOSELY EXAMINE YOUR EMPLOYER'S CALCULATIONS REGARDING ANY
WITHHOLDING PURSUANT TO THIS GARNISHMENT. IF YOU BELIEVE THAT YOUR
EMPLOYER HAS WITHHELD TOO MUCH MONEY FROM YOU, GO TO THE OFFICE
OF THE CIRCUIT CLERK WHICH ISSUED THIS GARNISHMENT WITHIN 13 DAYS OF
THE DATE ON THE PAYROLL CHECK YOU RECEIVED FROM WHICH MONEY WAS
WITHHELD PURSUANT TO THIS GARNISHMENT AND COMPLETE AN "AFFIDAVIT
TO CHALLENGE GARNISHMENT".
GAG AFFIDAVIT AND ANSWER OF GARNISHEE (EMPLOYER)
Comes the undersigned Affiant, who after being duly sworn, states:
A. The social security number and name of the Judgment 3. Disposable earnings
Debtor ("Employee") is:______________________________ (Line 1 less Line 2) $_____________
Name:______________________________________________ 4. Exempt earnings:
B. The date on which this Order was originally served was: (a) 75% of line 3 $____________
____________________________________________. (b) $217.50 if weekly, For wages
C. No funds are due employee because_________________ or $471.25 if semi-monthly, or earned after
____________________________________________. $942.50 if monthly $____________ 7/24/09
D. If no funds are withheld due to superior ( e a r l i e r ) (c) Enter greater of 4(a) and 4(b) $_____________
garnishments, the number of those garnishments is:____. (d) Ordered Child Support $_____________
E. The pay period of the remittance accompanying 5. Non-exempt disposable earnings
this return is from______________to______________. (Line 3 less Lines 4(c) and (d)) $_____________
F. The pay period of this employee is: (choose one) Remit the amount on Line 5 or the Amount Due shown at
( ) weekly ( ) bi-weekly ( ) semi-monthly ( ) monthly the top of this Order plus interest and costs,
whichever is less, to the Creditor's Attorney or to the
1. Gross earnings $_____________ Circuit Clerk (if there is no Creditor's Attorney).
2. Less amounts required by law to be withheld:
Federal Income Tax $___________ __________________________________________
State Income Tax $___________ Affiant Position/Title
Occupational Tax $___________ Subscribed and sworn to before me this___day of_______,
Social Security $___________ ________. My Commission expires:
TOTAL DEDUCTIONS $_____________ _____________________________________Notary Public
NTUCKY
CO
COMMO
CE
AOC-150 Doc Code: GAG
Rev. 7-09 NWEALTH OF KE Case No.____________________
lex
jus
et
titia
Commonwealth of Kentucky U
RT OF JUSTI Court_______________________
Court of Justice www.courts.ky.gov
KRS 425.501-425.506; Order Of Wage Garnishment County______________________
CR 69.02 (Continuous Or As Designated)
JUDGMENT DEBTOR: JUDGMENT CREDITOR:
Amount Due: $
Probable Court Costs: $
TO THE GARNISHEE (EMPLOYER) NAMED BELOW:
You are hereby (1) restrained from paying to the Judgment Debtor, Judgment Date:
or to anyone for him/her, money, property or other evidence of
debt in your possession belonging to him/her or in which he/she
has any interest; and (2) ordered to continuously withhold and Creditor's Attorney:
safely remit to the creditor's attorney or to the Circuit Clerk (if
there is no creditor's attorney) each pay period the non-exempt
property of the Judgment Debtor withheld for that pay period
until the amount due shown above plus interest and costs are
paid in full, (or for only the succeeding pay periods _______).
SEE REVERSE OF THIS ORDER FOR ADDITIONAL REQUIREMENTS AND INSTRUCTIONS.
____________________________________Circuit Clerk, by:_________________________________D.C.______________________
Garnishee (Employer): (Date)
IMPORTANT NOTICE TO THE ABOVE JUDGMENT DEBTOR: THE JUDGMENT
CREDITOR IS GARNISHING A PORTION OF YOUR WAGES TO PAY A JUDGMENT
ENTERED AGAINST YOU IN THE ABOVE COURT. YOU MAY HAVE A RIGHT TO
RECOVER ALL OR PART OF THE MONEY YOUR EMPLOYER HAS WITHHELD FROM
YOUR PAY. CAREFULLY REVIEW THIS FORM AND YOUR NOTICE OF RIGHTS TO
ASSERT EXEMPTION TO WAGE GARNISHMENT YOU PREVIOUSLY RECEIVED.
CLOSELY EXAMINE YOUR EMPLOYER'S CALCULATIONS REGARDING ANY
WITHHOLDING PURSUANT TO THIS GARNISHMENT. IF YOU BELIEVE THAT YOUR
EMPLOYER HAS WITHHELD TOO MUCH MONEY FROM YOU, GO TO THE OFFICE
OF THE CIRCUIT CLERK WHICH ISSUED THIS GARNISHMENT WITHIN 13 DAYS OF
THE DATE ON THE PAYROLL CHECK YOU RECEIVED FROM WHICH MONEY WAS
WITHHELD PURSUANT TO THIS GARNISHMENT AND COMPLETE AN "AFFIDAVIT
TO CHALLENGE GARNISHMENT".
AFFIDAVIT AND ANSWER OF GARNISHEE (EMPLOYER)
Comes the undersigned Affiant, who after being duly sworn, states:
A. The social security number and name of the Judgment 3. Disposable earnings
Debtor ("Employee") is:______________________________ (Line 1 less Line 2) $_____________
Name:______________________________________________ 4. Exempt earnings:
B. The date on which this Order was originally served was: (a) 75% of line 3 $____________
____________________________________________. (b) $217.50 if weekly, For wages
C. No funds are due employee because_________________ or $471.25 if semi-monthly, or earned after
____________________________________________. $942.50 if monthly $____________ 7/24/09
D. If no funds are withheld due to superior ( e a r l i e r ) (c) Enter greater of 4(a) and 4(b) $_____________
garnishments, the number of those garnishments is:____. (d) Ordered Child Support $_____________
E. The pay period of the remittance accompanying 5. Non-exempt disposable earnings
this return is from______________to______________. (Line 3 less Lines 4(c) and (d)) $_____________
F. The pay period of this employee is: (choose one) Remit the amount on Line 5 or the Amount Due shown at
( ) weekly ( ) bi-weekly ( ) semi-monthly ( ) monthly the top of this Order plus interest and costs,
whichever is less, to the Creditor's Attorney or to the
1. Gross earnings $_____________ Circuit Clerk (if there is no Creditor's Attorney).
2. Less amounts required by law to be withheld:
Federal Income Tax $___________ __________________________________________
State Income Tax $___________ Affiant Position/Title
Occupational Tax $___________ Subscribed and sworn to before me this___day of_______,
Social Security $___________ ________. My Commission expires:
TOTAL DEDUCTIONS $_____________ _____________________________________Notary Public
NTUCKY
CO
COMMO
CE

What is wage garnishment worksheet (sf-329c)? WAGE GARNISHMENT WORKSHEET (SF-329C) Notice to Employers: The Employer may use a copy of this Worksheet each pay period to calculate the Wage Garnishment Amount to be deducted from a debtor's disposable pay.