60-735. Notice to judgment debtor; form and content; right to hearing; burden of proof.
60-735
60-735. Notice to judgment debtor; form and content;right to hearing; burden of proof.(a) Immediatelyfollowing the time the order ofgarnishment isserved on the garnishee, the party seeking the garnishment shall senda notice to the judgment debtor in any reasonable manner, notifying thejudgment debtor:
(1) That a garnishment order has been issued against the judgment debtor andthe effect ofsuch order;
(2) of the judgment debtor's right to assert any claim of exemption allowedunder the law withrespect to a garnishment against property other than earnings or of thejudgment debtor'sright to object to the calculation of exempt and nonexempt earnings withrespect to agarnishment against the earnings of the debtor; and
(3) of the judgment debtor's right to a hearing on such claim or objection.The notice shall be substantially in compliance with the form set forthby the judicial council, and shall contain adescription of the exemptions that are applicable to garnishments and theprocedure by which the judgment debtor can assert any claim of exemption.
(b) If the judgment debtor requests a hearing to assert any claim ofexemption, the request shall be filed no later than 10 days following the datethe notice is served on the judgment debtor. If a hearing is requested, thehearing shall be held by the court no sooner than five days nor later than 10daysafter the request is filed. At the time the request for hearing is filed, thejudgment debtor shall obtain from the clerk or court the date and time for thehearing which shall be noted on the request form. Immediately after the requestfor hearing is filed, the judgment debtor shall hand-deliver to the partyseeking the garnishment or such party's attorney, if the party is representedby an attorney, or mail to the party seeking the garnishment or such party'sattorney, if the party is represented by an attorney, by first-class mail atthe party seeking the garnishment or such party's attorney's last knownaddress, a copy of the request for hearing.
(c) If a hearing is held, the judgment debtor shall have the burden of proofto show that some or all of the property subject to the garnishment is exempt,and the court shall enter an order determining the exemption and such otherorder or orders as is appropriate.
History: L. 2002, ch. 198, § 8; July 1.