Affidavit-Order And Notice Of Garnishment Of Property Other Than Personal Earnings And Answer Of Garnishee

PORTAGE COUNTY MUNICIPAL COURT AFFIDAVIT, ORDER AND NOTICE OF GARNISHMENT OF PROPERTY OTHER THAN PERSONAL EARNINGS AND ANSWER OF GARNISHEE THE STATE OF OHIO RAVENNA BRANCH KENT BRANCH JUDGMENT CREDITOR(S) PO BOX 958 303 EAST MAIN STREET RAVENNA OH 44266 KENT OH 44240 (330) 297-3635 (330) 678-9170 AGAINST CASE NO. JUDGMENT DEBTOR(S) OTHER THAN ANSWER DAY AFFIDAVIT The undersigned, being first duly cautioned and sworn, affirmed according to law, says that I am the Judgment Creditor herein/Attorney for Judgment Creditor herein, and that said Judgment Creditor heretofore, (cross out one) to-wit, on the day of , duly recovered a judgment before this Court against said Judgment Debtor The name and address of the Garnishee: may have in the Garnishee222s hands or control money, property, or credits, other than personal earnings, of the judgment debtor. DESCRIPTION OF PROPERTY: JUDGMENT CREDITOR OR ATTORNEY FOR JUDGMENT CREDITOR Sworn to and subscribed before me this day of , Address CLERK, DEPUTY CLERK/NOTARY PUBLIC Phone 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 you may have money, property, or credits, other than personal earnings, in your hands or under your control that belong to the Judgment Debtor. You are therefore ordered to complete the 223Answer of Garnishee224 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 223Answer of Garnishee224 by the following date on which a hearing is tentatively scheduled relative to this Order of Garnishment. Deliver one completed and signed copy of this form to the judgment debtor prior to that date. Keep the other completed and signed copy of this form for your files. AMOUNT of JUDGMENT $ Including INTEREST TO DATE + $ Plus UNPAID COURT COSTS TO DATE including the COST OF THIS PROCEEDING + $ Minus AMOUNT RECEIVED ON JUDGMENT - $ The TOTAL PROBABLE AMOUNT NOW DUE on this JUDGMENT = $ Witness my hand and the seal of this court this day of , Judge Rev 3/16 American LegalNet, Inc. www.FormsWorkFlow.com CASE NUMBER (Answer All Pertinent Questions) Now comes the garnishee herein who says: 1. That the Garnishee has more than $475.00 in money, property, or credits, other than personal earnings, of the Judgment Debtor under the Garnishee222s control and in the Garnishee222s possession YES NO If yes, amount over $475 2. That property is described as: 3. If the answer to line 1 is 223yes224 and the amount is less than the probable amount owed 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 223yes224 and the amount is greater than the 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 223yes224 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 223X224 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 223no224, sign and return this form to the Clerk of this Court. I certify that the statements above are true. (Print Name of Garnishee) (Print Name and Title of Person Who Completed Form) Signed (Signature of Person Completing Form) (Sign all copies) Copy delivered to Judgment Debtor this day of , SECTION (A) SHALL BE FILLED IN BEFORE SERVICE. SECTION (B) SHALL BE FILLED IN BY THE GARNISHEE AND THE ORIGINAL FILED WITH THE COURT AS HIS ANSWER. THE GARNISHEE MAY KEEP ONE COMPLETED COPY AND SHALL DELIVER THE OTHER COMPLETED COPY TO THE JUDGMENT DEBTOR. TO: SHERIFF, CONSTABLE, BAILIFF You are hereby directed to serve three (3) copies of this order of Garnishment of property other than personal earnings, together with the Garnishee222s fee as provided for in O.R.C. 2716.12 with a written notice that the Garnishee answer as provided in O.R.C. 2716.21 on the Garnishee named herein. Clerk 226 Deputy Clerk RETURN OF SERVICE On the day of , I served this writ on the within named by personal service Received , other (O.R.C. 2716.21) FEES (Sheriff 226 Bailiff 226 Constable) Service and return Returned and filed , Mileage I certify this to be a true copy of the original Order and Notice with all endorsements thereon. (Sheriff 226 Bailiff 226 Constable) By Deputy SECTION B. ANSWER OF GARNISHEE American LegalNet, Inc. www.FormsWorkFlow.com NOTICE TO JUDGMENT DEBTOR (O.R.C. 2716.12, 13) ) COURT, ) , Ohio Plaintiff---- ) vs ) Case No. ) ) Defendant---- ) MONEY-PROPERTY-CREDITS You are hereby notified that this Court has issued an order in the above case in favor of (Name and Address of Judgment Creditor) the judgment creditor in this proceeding, directing that some of your money, in excess of four hundred fifty dollars, property, or credits, other than personal earnings, that now may be in the possession of (Name and Address of Garnishee) the garnishee in this proceeding, be used to satisfy your debt to the judgment creditor. This order was issued on the basis of the judgment creditor222s judgment against you that was obtained in Court, Case No. on 20. Upon your 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. The law of Ohio and the United States provides that certain benefit-payments cannot be taken from you to pay a debt. Typical among the benefits that cannot be attached or executed upon by a creditor are the following:(1) Workers222 Compensation Benefits; (6) Social security benefits (2) Unemployment Compensation Payments; (7) Supplemental security income (S.S.I) (3) Cash assistance payments under the Ohio (8) Veteran222s benefits works first program (9) Black lung benefits (4) Benefits and services under the prevention, retention, (10) Certain pensions and contingency program (5) Disability financial assistance administered by the Ohio department of job and family services There may be other benefits not included in the above list that apply in your case. If you dispute the judgment creditor222s right to garnish your property and believe that the judgment creditor should not be given your money, property, or credits, other than personal earnings, now in the possession of the garnishee because they are exempt or if you feel that this order is improper for any other reason, you may request a hearing before this court by disputing the claim in the request for hearing form, appearing below, or in a substantially similar form, and delivering the request for hearing to this court at the above address, at the office of the clerk of this court no later than the end of the fifth business day after you receive this notice. You may state your reasons for disputing the judgment creditor222s right to garnish your property on the space provided on the form; however, you are not required to do so. If you do state your reasons for disputing the judgment creditor222s right, you are not prohibited from stating any other reasons at the hearing. If you do not state your reasons, it will not be held against you by the court, 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 your money, property, or credits, other than personal earnings, and 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 judgment creditor. If you request a hearing by delivering your request for hearing no later than the end of the fifth business day after you receive this notice, said hearing will be added to the court docket