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Affidavit Order And Notice Of Garnishment Of Personal Earnings And Answer Of Employer - Ohio
| Affidavit Order And Notice Of Garnishment Of Personal Earnings And Answer Of Employer Form. This is a Ohio form and can be used in Dayton City (Municipal Court) . |
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DAYTON MUNICIPAL COURT AFFIDAVIT, ORDER AND NOTICE OF GARNISHMENT OF PERSONAL EARNINGS AND ANSWER OF EMPLOYER (R.C. 2716. 05) revised 11/08/ 04 _____________________________________________________ DAYTON MUNICIPAL CO URT, CIVIL DIVISION P.O. BOX 10700 _____________________________________________________ Dayton, OH 45402 JUDGMENT CREDITOR -vs- Case No. ______________________________________ _____________________________________________________ Exec. No._____________________________________ _____________________________________________________ (The debt collector is attempting to collect a debt and any JUDGMENT DEBTOR information obtained will be used for that purpose). STATE OF OHIO, COUNTY OF MONTGOMERY, SS.: The undersigned, first duly cautioneand sd worn, deposes that I am ________________________________________________________________, the JudgmentCreditor herein, and that said Judgmnt eCreditor on the __________________ day of ________________________________________, 20___ , duly recovered a judgmentin the ________________________________________Court against the Judgment Doebtr named above. I, the affiant, havgoode reason to believe and do believe that______________________________________________________________ is an employer of the judgment debtor who may have personalning esa or f the same,nonexempt under R.C. 2329.66, that the written demand requireR.C. 2716.02 hasd by been made, that the payment demanded has be noent made, nor has a sufficient portionbeen made to prevent the garnishment of personal earnings pursuant to R.C. 2716.02. I further have no knowledge of anyatio appln by Jicudgment Debtor for theappointment of a trustee so as to preclude garnishment, nor knowledge that the debt is the subject of a debt schedulingnt agof a naturreeme e precluding garnishment underR.C. 2716.03(B). ______________________________________________________ ATTORNEY FOR JUDGMENT CREDITOR AFFIANT ____________________________________________________________ Sworn to and subscribed before me ____________________________________________________________ this_____day of ____________________________________, 20__ . ____________________________________________________________ _______________________________________________________ NOTARY PUBLIC ======================================================================== ================================================= SECTION A: COURT ORDER AND NOTICE OF GARNISHMENT TO:________________________________________________________________________ ____________________________________________ GARNISHEE The Judgment Creditor in the above case has filed an Affidavit, satisfactory to the undersigned, in the Dayton Municipalstating Cour that yt ou owe the JudgmentDebtor money for personal earnings, which are nonexempt from garnishment under the laws of Ohio and the UniteYd Sout ateare s. therefore ordered to complete theAnswer of Employer (Garnishee) in Section B on the back of this form. Return one completed and signed copy of this form to the clerk of this courve (5t within )fibusiness days after you receive this Order of GarnishmenDt. eliver one completed and signed copy of this form and the accompanying documents entitled Notice to theJudgment Debtor and Request for Hearing to the Judgment Debtor. Keep the other completed copy of this form for your files. The total probable amount now due on this judgment is $_______________. (The total probable amount due includes the unpaid portion of the judgment in favor ofthe Judgment Creditor, which is $__________________; interest on that judgment and, if applicable, prejudgment interest at the rate of _______% per annum payable untilthat judgment is satisfied in fulland co; urt costs in the amount of $____________________.) This garnishment order of personal earnings icso anti nuous order that generally requires you to withhold a specified amount, calculated each pay period at the statutorypercentage, of the Judgment Debtors personal disposable earnings, as determined in accordance with the Interim Report and Aer of Gnarswnishee and commencing with thefirst full pay period beginning after you receive the order until the judgment in favor of the Judgment Creditor and theate das cosourcit costs, interest, and, if applicable,prejudgment interest have been paid in full. You must pay the specified amount, calculated each pay period at the srtcatutoentagrye , tope the Clerk of Court within thirty(30) days after the end of each pay period of the Judgment Debtor and must include with your payment a completed phothtoe encopycl osofed Interim Report and Answerhich shall not be charged as c of Garnishee form. You are permitted to deduct a processing fee of up to three dollars ($3) [which shall not be charged as cdisposable earning for any pay period that an amount was withheld for the Garnishment Order. You are not required to the fi cole wuritht the Interim Report and Answer ofGarnishee for any pay period of the Judgment Debtor for which an amount was not withheld for the Garnishment Order. This Garnishment Order will remain in effect until one of the following occurs: 1) The total probable amount due is paid in full as a result of your withholding of the specified amount, calculated peeach riodpay at t he statutory percentage, from theJudgment Debtors personal disposable earnings, that commenced with the first full pay period beginning after you receordiveer;d the 2) The Judgment Creditor or the Judgment Creditors Attorney, files with this court a written notice that the total prmoobunt abledue a has been satisfied or the JudgmentCreditor or the Judgment Creditors Attorney files a written request to terminate this Order of Garnishment and releasme it; you fro 3) A municipal or county court appoints a trustee for the Judgment Debtor and issues to you an order staying this ga;rnishment 4) A federal bankruptcy court issues to you an order staying this order of garnishment; 5) A municipal or county court or a common pleas court issues to you another order of garnishment of personal earninglatess that to there Judgment Debtor and a differentjudgment creditor and Ohio or federal law provides the other order with a higher priority than this order; 6) A municipal or county court or a common pleas court issues to you another order of garnishment of personal earninglatess that to there Judgment Debtor and a differentjudgment creditor and that does not have a higher priority than this order; 7) The Judgment Creditor or the J
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