Last updated: 5/26/2020
Notice To The Judgment Debtor Of Garnishment Of Property Other Than Personal Earnings (Municipal Court)
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Description
NOTICE TO THE JUDGMENT DEBTOR OF GARNISHMENT OF PROPERTY OTHER THAN PERSONAL EARNINGS Hamilton County Municipal Court Civil Division Rm. 115, 1000 Main St. Cincinnati, Ohio 45202 (513) 946-5724 Web Address: www.courtclerk.org ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ Judgment Creditor NON WAGE NOTICE VS. CASE NO. __________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ Judgment Debtor (SS# Optional) ________________________________________________________ THIS COMMUNICATION IS FROM A DEBT COLLECTOR You are hereby notified that this court has issued an order in the above named case in favor of the above named creditor in this proceeding, directing that some of your money, property, or credits other than personal earnings that now maybe in the possession of the garnishee named below, be used to satisfy your debt to the creditor. This order in excess of $450.00 was issued on the basis of the creditor's judgment against you that was obtained in, or certified to this court in the above case number on ___________________________________. Upon receipt of this notice, you are prohibited from removing or attempting to remove the money, property, or credits until expressly permitted by the court. Any violation of this prohibition subjects you to punishment for contempt of court. Name and Address of Garnishee(s): #1________________________________________________________________ __________________________________________________________________ __________________________________________________________________ #2__________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ The laws of Ohio and the United States provide that certain benefit payments cannot be taken from you to pay a debt. Typically, benefits that can't be attached or executed upon by a creditor are: 1. Workers' compensation; 2. Unemployment compensation; 3. Cash assistance payments under Ohio works first program; 4. Benefits and services under the prevention, retention, and contingency program; 5. Disability assistance administered by Ohio dept. of job and family services; 6. Social security; 7. Supplemental social security (S.S.I.); 8. Veteran's Benefits; 9. Black lung benefits; 10. Certain pensions. There may be other benefits not included in the above list that apply in your case. If you dispute the creditor's right to garnish your property and believe that the creditor should not be given your money, property, or credits other than personal earnings now in possession of the garnishee because they are exempt, or if you feel that this order is improper for any reason, you may request a hearing before this court disputing the claim in the Request for Hearing section on this form, or in a substantially similar form, and delivering the Request for Hearing to this court at the above address at the Clerk of Courts Office, no later than the end of the 5th Business day after you receive this notice. You may state your reason for disputing the creditor's right to garnish your property in the space provided on the form; however, you are not required to do so. If you do not state your reasons for disputing the creditor's right, the court will not hold it against you and you can state your reasons at the hearing. NO OBJECTIONS TO THE JUDGMENT ITSELF WILL BE HEARD OR CONSIDERED AT THE HEARING. If you request a hearing, the hearing will be limited to a consideration of the amount of money, property, or credits other than personal earnings in the possession or control of the garnishee, if any, that can be used to satisfy all or part of the judgment you owe to the creditor. You can request a hearing by delivering our Request for Hearing on the enclosed postcard, or on the Request for Hearing section of this form, no later than the end of the 5th Business Day after you receive this notice. The date set for the hearing will depend on when the clerk receives your request. The clerk will notify you of the hearing. If you do not request a hearing by delivering your request for hearing no later than the end of the 5th business day after you receive this notice, some of your money, property, or credits other than personal earnings will be paid to the creditor. If you have any questions concerning this matter, you may contact the Clerk of Courts Office. If you want legal representation, call your lawyer immediately. If you need the name of a lawyer, contact the local bar association or Legal Aid. The judges and clerks cannot give legal advice or act as your lawyer. REQUEST FOR HEARING ON GARNISHMENT OF PROPERTY OTHER THAN PERSONAL EARNINGS I dispute the creditor's right to garnish my money, property, or credits other than personal earnings in the above case, and request that a hearing be held in this matter. I dispute the creditor's right to garnish my property for the following reasons (optional): _____________________________________________________________________________________________________________________________________________________________ I UNDERSTAND THAT NO OBJECTIONS TO THE JUDGMENT ITSELF WILL BE HEARD OR CONSIDERED AT THE HEARING. _________________________________________________________________________ Current Address Name of Judgment Debtor _____________________________________________________________________ City, State, Zip Code _________________________________________________________________________ Signature _____________________________________________________________________ _________________________________________________________________________ Telephone Number Date _____________________________________________________________________ WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE CLERK OF COURTS OFFICE WITHIN 5 BUSINESS DAYS OF YOUR RECEIPT OF IT, YOU WILL WAIVE YOUR RIGHT TO A HEARING, AND SOME OF YOUR MONEY, PROPERTY, OR CREDITS OTHER THAN PERSONAL EARNINGS, NOW IN POSSESSION OF THE GARNISHEE, WILL BE PAID TO THE ABOVE-NAMED JUDGMENT CREDITOR TO SATISFY SOME DEBT TO THE JUDGMENT CREDITOR. ANSWER DATE OF G