Notice Of Filing Of Claim Of Exemption (Wage Garnishment-FRCP Rule 64) {CV-88E}

CV-88E, NOTICE OF FILING OF CLAIM OF EXEMPTION (Wage Garnishment - F.R.C.P. RULE 64), The judgment debtor (employee) has filed a Claim of Exemption and Financial Declaration. The Earnings Withholding Order will be changed as requested by the debtor in item 3 of the Claim of Exemption and Financial Declaration unless you oppose the Claim of Exemption. To oppose the Claim of Exemption, you must complete all the following steps within (10) days of the mailing date shown above in item 1: a. Obtain at least five copies of the printed forms Notice of Opposition to Claim of Exemption and Notice of Hearing on Claim of Exemption. These forms are available from the Clerk of Court. b. Contact the Clerk of Court about setting a hearing date, time, and place. The date of the hearing must be no sooner than ten (10) nor later than twenty (20) days after the filing date required in paragraph 3g below. Enter information about the time of the hearing on the Notice of Hearing on Claim of Exemption. c. Complete all give copies of both forms. d. A signed Notice of Opposition to Claim of Exemption and a signed Notice of Hearing on Claim of Exemption must be served on the levying officer. The Proof of Service on page 2 of the original Notice of Hearing must be completed as indicated in paragraph 3f. The levying officer must receive the Notice of Opposition to claim of exemption within ten (10) days of the mailing date in item 1 above or the Earnings Withholding Order will be changed as requested in the Claim of Exemption. e. Have one (1) copy of each of the Notice of Opposition to Claim of Exemption and Notice of Hearing on Claim of Exemption served on (mailed to) the judgment debtor (employee). If item 2 of the Claim of Exemption so requests, also have copies mailed to the judgment debtor's attorney. Complete the Proof of Service as shown in item 3f. f. Service of the Notice of Opposition and Notice of Hearing is made by first class mail, but the levying officer can also be served by personal deliver. Service must be made by someone not a party to the action (not the judgment creditor). After the notices are served, the person making the service must complete and sign the appropriate Proof of Service on page 2 of the signed original Notice of Hearing on Claim of Exemption which will be filed with the Court. g. File the signed original Notice of Hearing on Claim of Exemption with the court (after having the proof of service on page 2 completed). This must be done within ten (10) days of the mailing date shown in item 1 above. CV-88E (06/04). www.FormsWorkflow.com