Minnesota > Statewide > District Court > Child Support
Notice Of Motion Motion To Contest Support Judgment Levy CSX-1002 - Minnesota
| Notice Of Motion Motion To Contest Support Judgment Levy Form. This is a Minnesota form and can be used in Child Support District Court Statewide . |
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EXPEDITED CHILD SUPPORT PROCESS INSTRUCTIONS FOR REQUESTING A HEARING TO CONTEST SUPPORT JUDGMENT LEVY Who May Use This Form? A party who has received notice that certain accounts at a financial institution have been frozen and wants the court to authorize release of these accounts back to the account holder may use this form to request a hearing. How Do I Make A Motion and Request For A Hearing? 1. Fill out the "Notice of Motion, Motion and Affidavit to Contest Support Judgment Levy" form completely. Type your answers or print neatly using dark ink. Court personnel, the county attorney's office, and the child support office cannot help you fill out these forms. The information to fill in the boxes and blanks at the top of the form can be found at the top of your current child support order or your divorce or paternity decree, including the county name, the court file number, and names of all the parties. Copy the names of the parties in the exact same order as they appear on your current child support order or your divorce or paternity decree. If you are the Petitioner/Plaintiff in the current order or decree you will be the Petitioner/Plaintiff in this motion. If you are the Respondent/Defendant in the current order or decree you will be the Respondent/Defendant in this motion. Fill in the name and address of the parties that will receive a copy of your request. Skip over the next section that gives information about the hearing date, time, and location. FILL THIS SECTION IN LAST. Under the section entitled "Motion", fill in the name of the financial institution where the frozen account is located. The notice you received from the county child support agency will explain that the account has been frozen to pay past due child support and/or spousal maintenance. Check the appropriate boxes (child support and/or maintenance) and to whom it is owed (county or obligee). Under the section entitled "Affidavit" you must explain how there has been a mistake of fact or how the money seized is exempt from such a seizure. Check the appropriate box. Contact court administration for a hearing date. Be sure to tell the clerk that you need a hearing date to contest a support judgment lien. A hearing must be scheduled within 10 days from the date of your request. Fill in the date, time, and location of the hearing. Only sign and date your request when you are in front of a Notary Public or the court clerk. Make sure to bring picture identification to show to the Notary Public or clerk. Detach these instruction sheets before photocopying and serving the motion. 2. 3. 4. 5. 6. 7. 8. 9. 10. Service A copy of the completed "Motion to Contest Support Judgment Levy" form must be served on all parties, including the county attorney's office. NOTE: THE MOTION MUST BE PERSONALLY SERVED OR FAXED NO LATER THAN TWO (2) BUSINESS DAYS AFTER OBTAINING THE HEARING DATE UPON THE COUNTY ATTORNEY'S OFFICE. (A business day DOES NOT include a weekend or holiday) YOU MUST MAKE ARRANGEMENTS FOR SOMEONE ELSE OVER THE AGE OF 18 WHO IS NOT A PARTY TO THE CASE TO PERSONALLY SERVE OR FAX THE MOTION TO THE COUNTY ATTORNEY'S OFFICE, AS WELL AS TO THE OTHER PARTY. THE OTHER PARTY MAY BE SERVED BY MAIL. File The Forms After serving the parties, file the original Motion to Contest Support Judgment Levy along with the Affidavit of Service with the Court Administrator in the county where the hearing is to take place. CSX1001 State ENG Rev 8/05-D www.courts.state.mn.us/forms Page 1 of 1 American LegalNet, Inc. www.FormsWorkflow.com State of Minnesota County District Court Judicial District: Court File Number: Case Type: In Re the Marriage of: Plaintiff / Petitioner vs / and Notice of Motion, Motion and Affidavit to Contest Support Judgment Levy Defendant / Respondent TO: Other Party Name County Attorney's Office Name of County Attorney Street Address City / State/ Zip Street Address City / State / Zip PLEASE TAKE NOTICE that on (Date: Month, Day, Year) at o'clock .m. at the (Name of building where hearing to be held) County Courthouse or Government Center (Street address where hearing to be held) located at in the City of __________________________, Minnesota, (check the public calendar at the (City where hearing to be held) hearing location for the room number), the undersigned will ask the Court to release all or part of any accounts with the financial institution that is holding funds for the purpose of child support or spousal maintenance arrearages pursuant to Minn. Stat. ยงยง 552.04 and 552.06. Motion I request that the Court authorize the release of all or part of any seized accounts at the financial institution, namely that is being held for: (Name of financial institution) child support owed to the: county spousal maintenance owed to the: county obligee obligee CSX1002 State ENG Rev 8/05-D www.courts.state.mn.us/forms Page 1 of 2 American LegalNet, Inc. www.FormsWorkflow.com Affidavit The facts upon which I base my request are: The seizure or the amount seized is improper due to a mistake of fact. (Explain the mistake.) The seizure or the amount seized is exempt from levy for child support purposes under state or federal law. (Explain how the amount seized is exempt, i.e. income from SSI, etc.) ACKNOWLEDGEMENTS BY PARTY MAKING MOTION: a. b. c. d. e. f. I am not serving or filing this document for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. The claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law. The allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery. The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief. The court may impose an appropriate sanction upon the attorneys, law firms, or parties that violate the above stated representations to the court, or are responsible for the violation. I understand that the existing order remains in full force and effect and I must continue to comply with that order until a new order is issued. Dated: Signature (Sign only in front of Notary or Court Administrator) Name: Sworn/affirmed before me this day
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