Last updated: 5/19/2006
Notice To The Judgment Debtor Of Garnishment Of Property Other Than Personal Earnings
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Description
<document>COURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.NOTICE TO THE JUDGMENT DEBTOR OF GARNISHMENT OF PROPERTY OTHER THAN PERSONAL EARNINGS (Ohio Revised Code § 2716.13(C) Eff. 3/13/86)Calendar No.VANDALIA MUNICIPAL COURT P.O. BOX 429 245 JAMES E. BOHANAN MEMORIAL DRIVE VANDALIA, OH 45377 :JUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s): :Case No. Judgment Creditor:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .vs.:NOTICE TO THE JUDGMENT DEBTOR OF GARNISHMENT OF PROPERTY :OTHER THAN PERSONAL EARNINGSTHE PEOPLE OF THE STATE OF NEW YORK TO:: Judgment DebtorYou are hereby notified that this Court has issued an order in the above case in favor of , the Judgment Creditor in this proceeding, directing that some of your money, property, or credits, other than personal earnings, now in the possession of , 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 Creditor's judgment against you that was obtained in , Case No. on , . Upon your receipt of this notice, you are prohibited from removing or attempting to remove such 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: (1) Workers' compensation benefits;GREETINGS: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(4) Poor relief or general relief (G.R.);(7) Veterans' benefits (2) Unemployment compensation benefits;(5) Social security benefits;(8) Black lung benefits; (3) Aid to dependent children (A.D.C.);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.(6) Supplemental security income (S.S.I.)(9) Certain pensions. Additionally, wages under a certain amount may not be taken to pay the debt. There may be other benefits not included in the above list that apply in your case. If you dispute the Judgment Creditor's right to garnish your property and believe that he/she should not be given your money, property, or credits, other than personal earnings, now in the possession of the indicated 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 on the second page, 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 Creditor's right, you are not prohibited from stating any other reason at the hearing, or 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. 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 indicated garnishee, if any, that can be used to satisfy all or part of the judgment you owe to the Judgment Creditor. No objections to the judgment itself will be heard or considered at any such hearing. 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, it will be conducted in Courtroom #1, Vandalia Municipal Court, 2nd Floor Justice Center, 245 James E. Bohanan Memorial Drive, Vandalia, Ohio 45377 at M. on the , 20. You may request the Court to conduct the hearing before this date by indicating your request in the space provided on the form; the Court then will send you notice of any change in the date, time, or place of the hearing. If you do not request a hearing by delivering your request for hearing no later than the end of the fifth business day after you receive this notice, some of your money, property, or credits, other than personal earnings will be paid to the Judgment Creditor. If you have any questions concerning this matter, you may contact the Clerk of this Court. If you want legal representation, you should contact your lawyer immediately. If you need the name of a lawyer, contact the local bar association., one of the Justices of theCourt in Witness, Honorableday of, 20 County,(Attorney must sign above and type name below)Attorney(s) forOffice and P.O. AddressTelephone No.: Facsimile No.: E-Mail Address:Clerk of CourtsDateMobile Tel. No.:THIS FORM MUST BE SUBMITTED IN DUPLICATEAmerican LegalNet, Inc. www.USCourtForms.comCOURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.Vandalia Municipal CourtP.O. Box 429245 James E. Bohanan Memorial DriveCalendar No.Vandalia, OH 45377JUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s)Case No., 20REQUEST FOR HEARINGON GARNISHMENT OF PROPERTY OTHER THAN PERSONAL EARNINGSI dispute the Judgment Creditor's right to garnish my money, property or credits, other than personal earnings, in the above case and request that a hearing in this matter be held on the date and time set forth in the document entitled Notice to Judgment Debtor that I received with this request form. (on or earlier than). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .I dispute the Judgment Creditor's right to garnish my property for the following reasons:THE PEOPLE OF THE STATE OF NEW YORK TO(OPTIONAL)GREETINGS:WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Court at the the Honorable,Name of Judgment Debtorlocated at County ofSignatureo'clock in the day of