Ohio > County (Court Of Common Pleas) > Delaware
Affidavit Order And Notice Of Garnishment And Answer Of Garnishee (Personal Earnings) - Ohio
| Affidavit Order And Notice Of Garnishment And Answer Of Garnishee (Personal Earnings) Form. This is a Ohio form and can be used in Delaware County (Court Of Common Pleas) . |
|
||||||
 Get this form for FREE as a print-only pdf |
|||||||
|
AFFIDAVIT, ORDER AND NOTICE OF GARNISHMENT AND ANSWER OF GARNISHEE (PERSONAL EARNINGS) THE STATE OF OHIO COUNTY OF , SS Court , Ohio Judgment Creditor Docket No. Page vs. Case No. Judgment Debtor AFFIDAVIT (The debt collector is attempting to collect a debt and any information obtained will be used for that purpose).The undersigned, first duly cautioned and swordeposes that In, am the Judgment Creditor herein, and that said Judgment Creditoron the d a y of , 2 , duly recovered a judgment in the Court against the Judgment Debtornamed above. I, the affiant, have good ron to believe and do believe that eas is an employerof the judgment debtor having personal earnings th ofe same, nonexempt under R.C. 2329.66, that the witten demrand required by R.C. 2716.02 has been made, that thepayment demanded has not been made, nors a sufficient por hation been made to prevent the garnishment of personal earnings uant to R.purs C. 2716.02. I further have noknowledge of any application byd Jugment Debtor for the appointment of a trustee so as to preclude garnishment, nor knowledge that the debt is the subject of a debtscheduling agreement of a nature precluding garnishment under R.C. 2716.03(B). ATTORNEY FOR JUDGMENT CREDITOR Sworn to and subscribed before me this day of , 2 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 this Court stating that y owe the Judgmouent Debtor money for personal earnings andthat some of that money may not be exempt from garnishment under the laws of Ohio and the United States. You are, therefore, ordered to complete the Answer of Employer (Garnishee) in Section(B) of this form. Return one cmopleted and signed copy of this form to the Clerk of this Court within five (5) business dayfster a you receive this order of garishmn ent. Deliver one completed andsigned copy of this form and the accompanying documents entitled otice to the JudgmNent Debtor and Request for Hearing to the Judgment Debtor. Keep the other completed copy of this formfor your files. The total probable amount now due on this judgment is $ . (The total probable am ount due includes the unpaid portion of the Judgment in favor of theJudgment Creditor, which is $ ; interest on that Judgment and, if applicable, prejudgment interest at the rate of % per annum payable until that Judgment is satisfied infull; and court costs in the amount of $ ). This garnishment order of personal earnings is a continuous order that generallyquires y reou to withhold a specified amount, calculated each pay period at the statutory percentage, ofthe Judgment Debtors personal disposable earnings during each pay period, as determined in accordance with the Interim Repor and Answer of (Garnishee) frotm the Judgment Debtors personaldisposable earnings during each pay period of the Judgment Debtor commencing with the first full pay period beginning after r yeceive the orouder until the judgment in favor of the Judgment Creditorand the associated court costs, judgment interest, and, if applicable, prejudgment interest have been paid in full. You muast py that specified amount calculated each pay period at the statutorypercentage to the Clerk of Court within thirty (30) daysr af the end ofte each pay period of the Judgment Debtor and must include with that amount calculated each pay period at the statutory percentagea completed photocopy of the enclosed Interim Report and Answer of Garnishee form. You are permitted to deduct a processing fee of up to three dollars fromthe Judgm ent Debtors personaldisposable earnings for any pay period of the Judgment Debtor that an amount was withheld for that order (the processing fee is not a part of the court costs). ou are not required to file with the YCourt Interim Report and Answer of Garnishee for any payod of peri the Judgment Debtor for which an amount from the JudgmDebtorent s personal disposable earnings during that pay periodwas not withheld for that order. This garnishment order will generally remain in effect until one of the following occurs: 1. The total probable amount due is paid in full as a result yourof withholding the specified amount, calculated each pay d at the statutoryperio percentage, from the Judgment Debtors personal disposable earnings during each pay period of the Judgmt Debtoren that commenced with the first full pay period beginning after you received the order;2. The Judgment Creditor or the Judgment Creditors Attorney files with this Court a written notice that the total probable amount due on the judgment as described above has been satisfied or the Judgment Creditor or the Judgment Creditors Attorney files a written request to terminate this order of Garnishment and release you from the mandate of this order of Garnishment;3. A municipal or county court appoints a trustee for the JudgmDebtor and issues to yent ou an order staying this Garnishment;4. A federal bankruptcy court issues to you an order staying this order of Garnishment; 5. A municipal or county court or a common eas plcourt issues to you another order of Garnishment of personal earnings that relates to the Judgment Debtor and a different Judgment 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 eas court issues to yplou another order Garnishmof ent of personal earnings that relates to the Judgment Debtor and a different Judgment Creditor and that does not have a higher priority than this order; 7. The Judgment Creditor or the Judgment Creditors Attorney files with this Court a written request to terminate and release the order of Garnishment, and as a result, the order of Garnishment will cease to remain in effect. Under any of the circumstances listed above, you are requireile with this Courd to ft a Final Report and Answer of Garnishee, which is attached to this garnishment order. Under thecircumstances listed above, you are required to file with this Court a Final Report and Answer of Garnishee substantiallythe form in set forth in Section 2716.08 of the Ohio Revised Code. A copyof the Final Report and Answer of Garnishee is attached to this order of garnishment of personal earnings. Under the circances listed in (umst5) and (6) above, you must cease processing this orderof garnishment after the expiration of the full pay period within which the one hundred eighty-second (
|
|||||||
