Last updated: 4/22/2020
Affidavit And Order And Notice Of Garnishment Of Property Other
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Description
Franklin County Municipal Court Affidavit & Order & Notice of Garnishment of Property Other Than Personal Earnings & Answer of Garnishee Franklin County Municipal Court 375 S High St 3rd Floor Columbus OH 43215 (614) 645-7220 Web Address www.fcmcclerk.com OTW ___________________________________________________ ___________________________________________________ ___________________________________________________ (JUDGMENT CREDITOR) vs. ___________________________________________________ ___________________________________________________ CASE NO: _______________________ THIS COMMUNICATION IS FROM A DEBT COLLECTOR ___________________________________________________ SSN LAST FOUR DIGITS (OPTIONAL): _______________ (JUDGMENT DEBTOR) Having first been duly sworn or solemnly affirmed to do so, I hereby state that I am the judgment creditor or the attorney for the judgment creditor in the above referenced case against the named judgment debtor; that there is a reasonable basis to believe, that the garnishee named in section A may have property, other than personal earnings, of the judgment debtor that is not exempt under the laws of this state or the United States. A description of said property/ bank account information _____________________________________________________________________ ____________________________________________________________________________________________________ ___________________________________________________ FURTHER AFFIANT SAYETH NOT. SWORN TO & SUBSCRIBED BEFORE ME ON_______________ SIGNATURE: JUDGMENT CREDITOR/ATTORNEY (SIGNATURE ON ORIGINAL ONLY) ___________________________________________________ NOTARY PUBLIC (SIGNATURE ON ORIGINAL ONLY) SECTION A: COURT ORDER AND NOTICE OF GARNISHMENT TO: ____________________________________________________________________________________________ GARNISHEE. (PRINT BANK/GARNISHEE'S COMPLETE NAME AND ADDRESS) The judgment creditor in the above case has filed an affidavit, satisfactory to the undersigned, in this court stating that you have money, property, or credits, other than personal earnings, in your hands or under your control that belong to the judgment debtor, and that some of the money, property, or credits may not be exempt from garnishment under the laws of the State of Ohio or the laws of the United States. You are therefore ordered to complete the "ANSWER OF GARNISHEE" in section (B) of this form. Return one completed and signed copy of this form to the clerk of this court together with the amount determined in accordance with the "ANSWER OF GARNISHEE" by the end of the fifth business day after your receipt of this "COURT ORDER AND NOTICE OF GARNISHMENT". Deliver one completed and signed copy of this form to the judgment debtor and keep the other completed and signed copy of this form for your files. The total probable amount now due on this judgment is $_______________________________. The total probable amount now due includes the unpaid portion of the judgment in favor of the judgment creditor, which is $ _____________; interest on that judgment and, if applicable, prejudgment interest relative to that judgment at the rate of %___________ per annum payable until that judgment is satisfied in full; and court costs in the amount of $ _________________. You are also ordered to hold safely anything of value that belongs to the judgment debtor and that has to be paid to the court, as determined under the "ANSWER OF GARNISHEE" in section (B) of this form, but that is of such a nature that it cannot be so delivered, until further order of the court. Witness my hand & seal of this Court this ___________________(Date) _____________________________________________________________ Judgment Creditor/Attorney ATTY I.D. _____________________________________________________________ Address _____________________________________________________________ City, State, Zip Code Phone Number American LegalNet, Inc. www.FormsWorkFlow.com ____________________________________________________ JUDGE FRANKLIN COUNTY MUNICIPAL COURT __________________________ DEPUTY CLERK CASE NO: _______________________ SECTION B: ANSWER OF GARNISHEE Now comes , the garnishee, who says: 1. That the garnishee has more than $450 in money, property, or credits, other than personal earnings, of the judgment debtor under the garnishee's control and in the garnishee's possession. ________ ________ $____________________ (Yes) (No) (if yes, amount over $450) 2. That property is described as: ________________________________________ ____________________________________________________ 3. If the answer to line 1 is "yes" and the amount is less than the probable amount now due on the judgment, as indicated in section (A) of this form, sign and return this form and pay the amount of line 1 to the clerk of this court. 4. If the answer to line 1 is "yes" and the amount is greater than that probable amount now due on the judgment, as indicated in section (A) of this form, sign and return this form and pay that probable amount now due to the clerk of this court. 5. If the answer to line 1 is "yes" but the money, property, or credits are of such a nature that they cannot be delivered to the clerk of the court, indicate that by placing an "X" in this space: _____ Do not dispose of that money, property, or credits or give them to anyone else until further order of the court. 6. If the answer to line 1 is "no," sign and return this form to the clerk of this court. I certify that the statements above are true. ____________________________________ (Print Name of Garnishee) __________________________________________ Signed: ______________________________________ Dated ________________ (Print Name and Title of Person who Completed Form) (Signature of Person Completing Form) THE STATE OF OHIO FRANKLIN COUNTY THE FOLLOWING FOR COURT USE ONLY FOR BAILIFF OR SHERIFF RETURN I CERTIFY THIS TO BE A TRUE COPY OF THE ORIGINAL ORDER WITH ALL ENDORSEMENTS THEREON. PURSUANT TO THE WITHIN COMMAND, I SERVED THE WITHIN AFFIDAVIT AND ORDER OF GARNISHMENT OF PROPERTY OTHER THAN PERSONAL EARNINGS UPON THE WITHIN NAMED GARNISHEE BY LEAVING THREE (3) TRUE AND CERTIFIED COPIES THEREOF, WITH ALL ENDORSEMENTS THEREON. AT ____________. M., ON ___________________________________ WITH _____________________________________ IN CHARGE THEREOF. $1.00 FEE PAID. I WAS UNABLE TO MAKE SERVICE BECAUSE __________________________________________________________ CHIEF BAILIFF, BY: _____________________