COURT COUNTY OFDAYTON MUNICIPAL COURTGarnishment Property 2716.13 (C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .CIVIL DIVISION:::::::Index No.Montgomery County Courts Bldg., 301 W. Third St.Dayton, Ohio 45402-0968 NOTICE TO THE JUDGMENT DEBTORCalendar No.JUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s)Judgment CreditorCase No. vsJudgment DebtorTo: , Judgment DebtorYou are hereby notified that this court has issued an order in the above case in favor of NAME OF JUDGMENT CREDITOR , the judgment creditor thisAddress proceeding, directing that some of your money, property, or credits, other than personal earnings, now in possession. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .of ,Name and Address of Garnishee the garnishee in this proceeding, be used to satisfy your debt to the judgment creditor. This order was issued on thebasis of the judgment creditor's judgment against you that was obtained in Name of Court in on . Upon your receipt of this notice, youTHE PEOPLE OF THE STATE OF NEW YORK TOCase NumberDate are prohibited from removing or attempting to remove such money, property or credits until expressly permitted by thecourt. Any violation of this prohibition subjects you to punishment for contempt of court.The law of Ohio and the United States provide that certain benefit payments cannot be taken from you to pay a debt. Typical among the benefits that cannot be attached or executed upon by a creditor are:(1)Workers' Compensation Benefits;(6)Supplemental Security Income (S.S.I.);GREETINGS:(2)Unemployment Compensation Payments;(7)Veteran's Benefits(3)Aid to Dependent Children (A.D.C.);(8)Black Lung Benefits;WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Court at the the Honorable(4)Poor Relief or General Relief (G.R.);(9)Certain Pensions.,(5)Social Security Benefits;located at County ofAdditionally, wages under a certain amount may not be taken to pay the debt. There may be other benefits not included in the above list that apply in your case.o'clock in the day of, on the, 20, at or adjourned date, to testify and give evidence as a witness in this action on the part of thenoon, and at any recessed in roomIf you dispute the judgment creditor's right to garnish your property and believe that judgment creditor should not be given your money, property, or credits, other than personal earnings, now in the possession of the indicated garnishee because they are exempt or if you feel that this order is improper for any other reason, you may request a hearing before this court by disputing the claim in the REQUEST FOR HEARING form attached, or in a substantially similar form, and delivering the request for hearing to this court at the above address, at the office of the Clerk of Court, or by mailing the self-addressed Request for Hearing card, no later than 4:00 P.M. on the fifth business day after you receive this notice. You may state your reasons for disputing the judgment creditor's right to garnish your property in the space provided on the form, but you are not required to do so. If you do state your reasons for disputing the judgment creditor's right you are not prohibited from stating any other reason at the hearing, and if you do not state your reasons, it will not be held against you by the court and you can state your reasons at the hearing.Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply., one of the Justices of theCourt in Witness, Honorableday of, 20 County,IF YOU REQUEST A HEARING, THE HEARING WILL BE LIMITED TO A CONSIDERATION OF THE AMOUNT OF YOUR MONEY, PROPERTY, OR CREDITS, OTHER THAN PERSONAL EARNINGS, IN THE POSSESSION OR CONTROL OF THE INDICATED GARNISHEE, IF ANY, THAT CAN BE USED TO SATISFY ALL OR PART OF THE JUDGMENT YOU OWE TO THE JUDGMENT CREDITOR. NO OBJECTIONS TO THE JUDGMENT ITSELF WILL BE HEARD OR CONSIDERED AT ANY SUCH HEARING.(Attorney must sign above and type name below)Attorney(s) forIf you request a hearing by delivering your Request for Hearing card as indicated above, the hearing will be conducted within 7 business days of the filing of your Request for Hearing card. You will be notified of the exact place and time. You may request the court to conduct the hearing on an emergency basis by indicating your request in the space provided on the card; the court then will set your hearing as soon as possible. If you do not request a hearing by delivering your Request for Hearing card to the Clerk's office as required above, some of your money, property, or credits, other than personal earnings, will be paid to the judgment creditor.Office and P.O. AddressIf you have any questions concerning this matter, you may contact the office of the Clerk of Court, Civil Division at 443-4471If you want legal representation, you should contact your lawyer immediately. If you need the name of a lawyer, contact the local bar association. (Dayton Bar Association, 222-6102). THE JUDGES OR THE CLERK OF COURT CANNOT PROVIDE LEGAL ADVICE, NOR CAN THEY ACT AS YOUR ATTORNEY.Telephone No.: Facsimile No.: E-Mail Address:Date By Deputy Mobile Tel. No.:Mark E. Owens, Clerk of CourtForm GP -2 rev 6/98American LegalNet, Inc. www.USCourtForms.com
|