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STATE OF INDIANA
`
`COUNTY OF ELKHART
`
`)
`)
`SS:
`)
`
`
`
`IN THE ELKHART COUNTY SUPERIOR
`COURT - GOSHEN
`
`Unifund CCR Partners Assignee of
`Palisades Collection, LLC
`
`PLAINTIFF
`
`
`
`CASE NUMBER: 20D030711CC411
`
`ORDER TO APPEAR IN COURT
`
`VS.
`JUAN G GONZALEZ
`211 S 28TH ST
`GOSHEN, IN 46528
`
`
`
`And
`1ST SOURCE BANK
`100 N MICHIGAN ST
`ATTN: GARNISHMENTS/JOHN GRIFFITH
`SOUTH BEND, IN 46601
`
`DEFENDANT
`
`GARNISHEE
`
`Plaintiff has shown to the Court that plaintiff is owner of a judgment obtained in this Court
`against you, the judgment defendant, on which there is now due the sum of $805.64, plus
`post-judgment interest of $730.40, and costs of $116.00.
`
`And the plaintiff has moved the Court for an order requiring you, the judgment defendant, to
`appear in this Court and answer as to your wages, assets, profits and other non-exempt
`property which can be applied toward satisfaction of this judgment.
`
`THE COURT NOW ORDERS the judgment defendant, JUAN G GONZALEZ, to appear
`personally in this Court at the Court's address set forth on the next page on
`_______________, at __:__ __.m. to answer as to wages, assets, profits and other non-
`exempt property which are available to satisfy this judgment.
`
`Failure to comply with this Order to Appear may result in punishment for Contempt of Court.
`
`THE COURT FURTHER ORDERS plaintiff to serve a copy of this Order on any garnishee
`defendant.
`
`*GLID1821314*
`
`

`

`NOTICE OF CERTAIN EXEMPTIONS AND
`YOUR RIGHT TO A PROMPT HEARING
`
`It may be that the Plaintiff has or will give notice to your bank or other persons holding
`properly or assets for you of the intent to put a hold on certain accounts held by you, either
`individually or jointly with another person, including but not limited to bank, share, and credit
`union accounts held by you, either individually or jointly with another person, including, but
`not limited to bank, share and credit union accounts. Under Indiana law, this notice may
`already have resulted in the placing of a hold on those accounts.
`
`UNDER FEDERAL AND STATE LAW, CERTAIN FUNDS ARE EXEMPT FROM
`GARNISHMENT. THIS MEANS THAT THESE FUNDS MAY NOT BE TAKEN BY
`CREDITORS EVEN IF THEY HAVE BEEN DEPOSITED INTO YOUR ACCOUNTS. SOCIAL
`SECURITY, SUPPLEMENTAL SECURITY INCOME, VETERANS BENEFITS, CERTAIN
`DISABILITY PENSION BENEFITS, AND BENEFITS UNDER ANY PENSION PAID FROM A
`TRUST QUALIFIED UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF
`1974 CANNOT BE TAKEN. THERE MAY BE OTHER EXEMPTIONS UNDER STATE OR
`FEDERAL LAW. IF YOU OR ANOTHER PERSON WHO MAINTAINS A JOINT ACCOUNT
`WITH YOU BELIEVE THAT ALL OR SOME OF THE FUNDS IN THESE ACCOUNTS ARE
`EXEMPT, YOU OR YOUR JOINT DEPOSITOR ARE ENTITLED TO A PROMPT HEARING
`IN THIS COURT TO PRESENT EVIDENCE TO ESTABLISH EXEMPTIONS AND TO SEEK
`REMOVAL OF THE HOLD.
`
`To obtain such a hearing, fill in the form marked "Exemption Claim and Request for Hearing"
`and return it to this Court either by mail or by personally bringing it to the Court. A copy of
`that form should also be sent to Plaintiffs attorney or to the Plaintiff, if the Plaintiff Is not
`represented by an attorney, at the address set forth on the front side of this document. A
`prompt hearing will be scheduled by the Court as soon as possible, but generally no later
`than 5 days (excluding Saturdays, Sundays, and legal holidays) after the completed form is
`received by the Court. If you call the court to determine your hearing date, please use the
`case number located at the top right-hand side of the front of this document.
`After the hearing, the Court will decide whether all or part of the funds in each account on
`which a hold has been placed or other accounts in which you have an interest may be taken
`by the Plaintiff. If a joint depositor or you do not request an early hearing, there will be a
`hearing at the time when you are ordered to appear. At that hearing, you and a joint
`depositor are entitled to assert any exemptions. However, if a joint depositor or you do not
`request an early hearing, each account on which a hold has been placed may not be
`released until the time you are ordered to appear.
`
`Date: ______________
`September 11, 2019
`
`__________________________________
`MS
`Judge
`
`*GLID1821314*
`
`

`

`MANNER OF SERVICE
`(To be completed by Party preparing Proceedings Supplemental)
`
`MANNER OF SERVICE FOR
`DEFENDANT(S)
`SHERIFF shall serve this Proceedings
`Supplemental as follows:
`___ personal service
`_X_ leaving a copy at dwelling or place of
`employment
`
`MANNER OF SERVICE FOR
`GARNISHEE DEFENDANT
`SHERIFF shall serve this Proceedings
`Supplemental as follows,
`___ personal service
`___ leaving a copy at dwelling or place
`of business
`
`CLERK shall serve the Proceedings
`Supplemental as follows:
`___ regular mail (Superior
`Court only)
`___ certified mail
`
`CLERK shall serve the Proceedings
`Supplemental as follows:
`___ personal service by attorney
`___ private process server,
`___ other (describe in particular and note
`Trial Rule)
`_X_ certified mail
`
`OTHER manner of service:
`__attorney to serve
`__ private process server,
`__ other (describe in particular and note Trial Rule)
`
`J. Louis Kurtzer (19831-15)
`Unifund CCR Partners Assignee of Palisades Collection, LLC
`PO BOX 42319
`CINCINNATI, OH 45242
`(513) 264-2922
`
`*GLID1821314*
`
`

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