A.B., Plaintiff,
 v.
C. D., Defendant,    Case No. _________________
 and
E. F., Garnishee

TO BE DELIVERED BY THE CLERK TO THE DEFENDANT BY FIRST CLASS MAIL WITHIN 10 DAYS AFTER FILING OF THE GARNISHEE'S ANSWER.

    You are hereby notified that the court has issued an order in the above case in favor of (name and address of plaintiff), the plaintiff in this proceeding, directing that some of your  personal earnings, now in the possession of your employer, be used to satisfy some of your debt to the plaintiff instead of being paid to you.  This order was issued to enforce the judgment obtained by the plaintiff against you in this case on (date).

    This order, called a garnishment order, requires your employer to withhold a certain amount from your earnings each pay period until your debt to the plaintiff is satisfied or the order is released by the plaintiff or set aside by the court.

    The laws of Kansas and the United States provide that you have a right to be paid a certain amount of your personal earnings regardless of the claims of your creditors.  In general, this amount is 75% of your earnings after federal and state taxes, Social Security, and any other deductions required by law are taken out.  If the debt is for child support or the support of any other person, the protected amount is less, ranging from 35% to 50%.  In addition, if your earnings are less than 30 times the federal minimum hourly wage for each week in the pay period, all of your earnings should be paid to you.

    On each normal payday you should receive a paycheck for the amount your employer calculates you are entitled to receive by law.  Your employer should furnish you with a written explanation of how the amount of your paycheck was calculated with the check.

    If you believe that too much of your earnings have been withheld from your paycheck, you may request a hearing before this court.

    If you were unable to work at your regular job for two weeks or more because you or a member of your family were sick, your earnings may not be garnished for two months after recovery from such illness.  You do not need to ask for a hearing to assert this right if it applies to you.  All you need to do is to file an affidavit with the court setting out the facts about the illness and your inability to work.  If the garnishment order is not released after you file this affidavit, you may ask for a hearing.

    In order to request a hearing, you should fill out the form at the bottom of this notice and obtain from the clerk or court a date and time for the hearing, and file the form with the clerk at (address of court).  Immediately after the request for hearing is filed, you shall hand-deliver a copy of the request for hearing to the plaintiff or plaintiff's attorney, if plaintiff is represented by an attorney, or mail a copy of the request for hearing to the plaintiff or plaintiff's attorney, if plaintiff is represented by an attorney, by first-class mail at the plaintiff's, or plaintiff's attorney's, last known address.  You should ask for this hearing as soon as possible, but no later than 10 days after this notice is served on you.

    If you ask for a hearing, the court will hold a hearing within 10 days from the date it receives your request.  At the hearing, you should present any evidence you have in support of your position.  The burden is on you to prove that some or all of your property subject to the garnishment is exempt.  You may wish to consult an attorney to represent you at this hearing.

------------------------------------------------------------------------------------------------------------------

(Name and address of court)

Case No. _____________

REQUEST FOR HEARING

I request a hearing to dispute the plaintiff's garnishment of my earnings because

_____________________________________________________________________

____________________________                        _________________________
Name of Defendant                                                 Signature of Defendant

____________________________                        _________________________
Address                                                                   Date

____________________________
City, State, Zip Code

____________________________
Telephone No.

===================================================================
THIS PART SHALL BE COMPLETED BY CLERK:

The hearing requested shall be held on the ______ day of ________________, _____,
                                                                       (day)                 (month)                    (year)

at __________ o'clock ___________.
     (time)                         (am or pm)

===================================================================

    I delivered a copy of the above request for hearing to the plaintiff or plaintiff's attorney, if plaintiff is represented by an attorney, by hand-delivery or first-class mail in the following manner and at the following address, on the date shown below:

________________________________________
(name of plaintiff or plaintiff's attorney)

________________________________________
(address of plaintiff or plaintiff's attorney)

________________________________________
 
 

________________________________________
(manner delivered - hand-delivery or first-class mail)
 

_______________________________
(date delivered)

                                           _______________________________
                                           Signature of Defendant