Last updated: 5/19/2006
Notice Of Court Proceedings To Collect Debt
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Description
<document>COURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.Calendar No.JUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s)NOTICE OF COURT PROCEEDINGS TO COLLECT DEBT To:Date of Mailing or Service by Court:CASE NO.CV-CLEVELAND MUNICIPAL COURTYou owe the undersigned$. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .including interest and court costs , for which a judgment was obtained against you or certified in the Cleveland Municipal Court on(Judgment Entry Date), payment of which is hereby demanded.If you do not do one of the three things listed below within fifteen days of the date of the mailing of this notice or of its service by the court, we will go to court, unless we are otherwise precluded by law from doing so, and ask that your employer be ordered to withhold money from your earnings until the judgment is paid in full or, if applicable, is paid to a certain extent and to pay the withheld money to the court in satisfaction of your debt. This is called garnishment of personal earnings. It is to your advantage to avoid garnishment of personal earnings because the placing of the extra burden on your employer possibly could cause you to lose your job. YOU CAN AVOID THE GARNISHMENT BY DOING ONE OF THESE THREE THINGS WITHIN THE FIFTEEN DAY PERIOD:THE PEOPLE OF THE STATE OF NEW YORK TOGREETINGS:WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Court at the the Honorable(1). Pay to us the amount due;,(2). Complete the attached form entitled Payment to Avoid Garnishment and return it to us with the payment, if any,located at County ofshown due on it; oro'clock in the day of, on the, 20, at or adjourned date, to testify and give evidence as a witness in this action on the part of thenoon, and at any recessed in room(3) Apply to your local municipal or county court or, if you are not a resident of Ohio, to the municipal or county court inwhose jurisdiction your place of employment is located, for the appointment of a trustee to receive the part of your earnings that is not exempt from garnishment and notify us that you have applied for the appointment of a trustee. You will be required to list your creditors, the amounts of their claims and the amounts due on their claims and the amount you then will pay to your trustee each payday will be divided among them until the debts are paid off. This can be to your advantage because in the meantime, none of those creditors can garnish your wages. You also may contact a budget and debt counseling service described in division (D) of section 2716.03 of the Ohio Revised Code for the purpose of entering into an agreement for debt scheduling. There may not be enough time to set up an agreement for debt scheduling in order to avoid a garnishment of your wages based upon this demand for payment, but entering into an agreement for debt scheduling might protect you from future garnishments of your wages. Under an agreement for debt scheduling, you will have to regularly pay a portion of your income to the service until the debts subject to the agreement are paid off. This portion of your income will be paid by the service to your creditors who are owed debts subject to the agreement. This can be to your advantage because these creditors cannot garnish your wages while you make your payments to the service on time.Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply., one of the Justices of theCourt in Witness, Honorableday of, 20 County,(Attorney must sign above and type name below)X Name of Judgment CreditorSIGNATURE of Judgment Creditor or ATTORNEYAttorney(s) forAddress of Judgment Creditor or ATTORNEYCity, State, & Zip CodeJudgment Creditor is required to serve Judgment Debtor with this notice prior to filing a garnishment. Judgment Debtor has 15 days to respond to the Statutory Demand and submit payment in order to avoid garnishment of his/her personal earnings. The Court will not accept any garnishment filing without proof of mailing the Statutory Demand. Garn Form Statutory Demand (O.R.C. 2716.02)Office and P.O. AddressTelephone No.: Facsimile No.: E-Mail Address:Mobile Tel. No.:American LegalNet, Inc. www.USCourtForms.comCOURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.PAYMENT TO AVOID GARNISHMENTCalendar No.To: Date of Mailing: (Name of Judgment Creditor)JUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s)CASE NO. CV- (Address of Judgment Creditor)CLEVELAND MUNICIPAL COURT CityStateZip CodeTo avoid garnishment of PERSONAL EARNINGS of which you have given me notice I enclose $ to apply toward my indebtedness to you. The amount of the payment was computed as follows: 1.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Total amount of indebtedness demanded . 1. $ 2.THE PEOPLE OF THE STATE OF NEW YORK TOEnter the amount of your personal earnings after deductions required by law earned by you during the current pay period (that is, the pay period in which this demand is received by you) .. 2. $ 3(A). Enter your pay period (weekly, bi-weekly, semi-monthly, monthly): 3(A). 3(B). Enter the date when your present pay period ends: ..3(B). GREETINGS:4.Enter an amount equal to 25% of the amount on line (2): .. 4. $ 5(A). The current federal minimum hourly wage is $(to be filled in by Judgment Creditor).WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Court at the the Honorable,located at County ofo'clock in the day of, on the, 20, at or adjourned date, to testify and give evidence as a witness in this action on the part of thenoon, and at any recessed in room(You should use the above figure to complete this portion of the form). If you are paid weekly, enter thirty (30) times the current federal minimum hourly wage; if paid bi-weekly enter sixty (60) times the current federal minimum hourly wage; if paid semimonthly, enter sixty-five (65) times the current federal minimum hourly wage; if