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Affidavit And Order And Notice Of Garnishment Of Personal Earnings And Answer Of Employer (Common Pleas) - Ohio
| Affidavit And Order And Notice Of Garnishment Of Personal Earnings And Answer Of Employer (Common Pleas) Form. This is a Ohio form and can be used in Civil Hamilton County (Court Of Common Pleas) . |
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Hamilton County Common Pleas Court Affidavit & Order & Notice of Garnishment of Personal Earnings & Answer of Employer Hamilton County Common Pleas Court, Civil Div., Rm. 315, 1000 Main St. Cincinnati, Ohio 45202 (513) 946-5635. Web Address: www.courtclerk.org _______________________________________________CREDITOR _______________________________________________ _______________________________________________ Case No. WAGE Page 1 of 2 THIS COMMUNICATION IS FROM A DEBT COLLECTOR VS. _______________________________________________DEBTOR _______________________________________________ _______________________________________________ (SS# OPTIONAL) ____________-____________-____________ The undersigned, being first duly cautioned, sworn or affirmed according to law, says that I am attorney/judgment creditor who recovered or certified a judgment in this court against above named judgment debtor. The garnishee named below may be an employer of the judgment debtor and may have personal earnings owing to the judgment debtor. Written demand on judgment debtor, per 2716.02 ORC, has been made at least 15 and not more than 45 days before this date. Payment demanded in the written demand has not been made, nor has a sufficient portion been made to prevent the garnishment of personal earnings described in such section. Affiant has no knowledge if the judgment debtor has applied for trusteeship or is the subject of a debt scheduling agreement, either of which precludes the garnishment of judgment debtor's personal earnings. STATE OF OHIO, HAMILTON COUNTY, SS: __________________________________________________________ SIGNATURE: JUDGMENT CREDITOR/ATTORNEY (SIGNATURE ON ORIGINAL ONLY) Sworn to & Subscribed before me on ___________________________________ Garnishee: __________________________________________________________ NOTARY PUBLIC (SIGNATURE ON ORIGINAL ONLY) __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ SECTION A: COURT ORDER AND NOTICE OF GARNISHMENT The judgment creditor in this case has filed an affidavit, satisfactory with this court, stating that you may owe the judgment debtor money for personal earnings. You are ordered to file a completed and signed copy of the Answer of Employer (Garnishee) , Section B page 2 of this form, with the clerk of this court within 5 business days upon receipt of this garnishment order. Deliver a completed and signed copy & accompanying document entitled Notice to the Judgment Debtor __________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ & Request for Hearing to the debtor. Keep a completed and signed copy for your files. 1. The unpaid portion of the judgment amounts to: 2. Pre Judgment Interest (if applicable), plus post judgment interest to date, at per annum until judgment is satisfied amounts to: 3. Court Costs amount to: 4. Total Probable Amount Due (1+2+3) is $___________________________________ _____________% $__________________ $___________________________________ $___________________________________ This garnishment order of personal earnings is a continuous order requiring you to withhold a specified amount, calculated during each pay period at the statutory percentage, of the debtor's personal disposable earnings as determined in accordance with the Interim/Final Report & Answer of Garnishee, from the debtors personal, disposable earnings during each pay period beginning with the first full pay period after you receive the order, until the judgment, court costs, and all applicable interest has been paid in full. You must pay that specified amount, calculated each pay period at the statutory percentage, to the clerk of this court within 30 days after the end of each pay period of the debtor. You must include with that specified amount an Interim/Final Report & Answer of Garnishee in the form set forth in 2716.07 ORC (form enclosed). Use a new photocopy with each payment. You are permitted to deduct a processing fee (not part of the court costs) of up to $3.00 from the debtor's personal, disposable earnings for any pay period of the debtor where an amount was withheld. You are not required to file with the court the Interim/Final Report and Answer of Garnishee for any pay period in which an amount from the debtor's personal, disposable earnings was not withheld. This garnishment of personal earnings will remain in effect until one of the following occur: (1) The total probable amount due on the judgment is paid in full due to your withholding of the specified amount. (2) The creditor/attorney files with this court a written notice that the total probable amount due on the judgment has been satisfied; or files a written request to terminate and release this garnishment order, releasing you from the mandate of this garnishment. (3) A municipal or county court appoints a trustee for the debtor and issues to you an order that stays this garnishment order. (4) A federal bankruptcy court issues to you an order that stays this garnishment order of personal earnings. (5) A municipal, county, or a common pleas court issues to you a garnishment order of personal earnings that relates to the debtor and a different creditor, and Ohio or federal law provides the other order with a higher priority than this order. (6) A municipal, county, or a common pleas court issues to you a garnishment order of personal earnings that relates to the debtor and a different creditor that does not have a higher priority than this order. Under any of the circumstances listed, you are required to file with this court an Interim/Final Report & Answer of Garnishee per 2716.08 ORC. Under the circumstances listed in 5 & 6 above, you must cease processing this garnishment after the expiration of the full pay period within which the 182nd day after you began processing it falls. Special stacking, priority of payment, and manner of payment rules apply when a garnishee receives multiple garnishment orders with respect to the same debtor. Familiarize yourself with the rules are set forth in 2716.041 ORC. Witness My Hand & Seal of This Court This__________ Day o
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