JCRRT 27

(a) If the judgment creditor applies for a writ of garnishment or attachment, the judgment creditor shall cause a copy of said writ of garnishment or attachment to be served upon the judgment debtor along with a claim of exemption form in the form and manner provided by the court.

(b) A claim that property is exempt from execution whether by garnishment or attachment shall be presented to the court by affidavit filed and served in the action out of which the writ of execution or attachment issued. The affidavit shall be accompanied by all documents relied upon by the party claiming the exemption. The affidavit shall be served upon the sheriff and judgment creditor and garnishee.

(c) In response to the service of an affidavit claiming exemption, the sheriff shall serve written notice upon the judgment creditor that the judgment creditor has 5 days from receipt of such notice to file a motion for a hearing to determine whether the property or money is exempt. The sheriff shall file a copy of such notice with the court along with proof of service thereof.

(d) If the judgment creditor fails to file a motion for a hearing on a form prescribed by the court within 5 days of the date of service of the written notice by the sheriff, or if the sheriff does not file proof of service of the written notice upon the judgment creditor within 8 days after the date of service of the affidavit claiming exemption, the court shall issue an order directing the sheriff and the garnishee to release the funds back to the judgment debtor.

(e) If the judgment creditor files a motion for a hearing on a form prescribed by the court within the time frames described in subsection D of this rule, the court shall set a hearing on the claim of exemption for a date not more than 10 days following the date the motion for hearing is filed.

(f) Such motion for hearing form shall include a statement that requires the judgment creditor to indicate whether it has levied upon the judgment debtor previously and if so whether the garnishment or attachment was unsatisfied due to the fact that the debtor’s assets were exempt from attachment or garnishment. If previously exempt, the judgment creditor shall attach an affidavit to the motion for hearing which sets forth the facts justifying the judgment creditor’s belief that the judgment debtor now has assets which are not exempt from garnishment or attachment.