Notice Of Court Proceedings To Collect Debt

COC-CV-66C REV. 08/23/00 NOTICE OF COURT PROCEEDING TO COLLECT DEBT DATE OF MAILING OR DATE OF SERVICE BY THE COURT____________________ To: You owe the undersigned $ __, including interest and court cost, for which a judgment was obtained against you or certified in the Franklin County Court of Common Pleas on , 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 extra burden on your employer possible could cause you to lose your job. YOU CAN AVOID THE GARNISHMENT BY DOING ONE OF THESE THREE THINGS WITHIN THE FIFTEEN-DAY PERIOD: (1) Pay to us the amount due; (2) Complete the reverse side of this form entitled "Payment to Avoid Garnishment" and return it to us with the payment, if any, shown due on it; or (3) Apply to your local municipal or county court or if you are not a resident of Ohio, to the municipal or county court in whose 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 amount 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 may also contact a budget and debt counseling service described in division (D) of section 2716.03 of the 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, base upon this demand for payment, but entering into an agreement for debt scheduling might protect you from future garnishment of your wages. Under an agreement for debt scheduling, you will have to regularly pay a portion of 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 the 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. (Name of Judgment Creditor) (Signature of Judgment Debtor or His Agent) (Address of Judgment Creditor) m e r i c a n A L e g a , l tN c n . I .WomFr.com w s k lw PAYMENT TO AVOID GARNISHMENT To: (Name of Judgment Creditor) (Address of Judgment Creditor) To avoid the garnishment of personal earnings of which you have given me notice, I enclosed $______________to apply toward my indebtedness to you. The amount of the payment was computed as follows: 1. Total amount of indebtedness demanded: (1) $ 2. Enter 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, biweekly, semimonthly or monthly): (3)(A) 3. (B) Enter the date when your present pay period ends: (3)(B) 4. Enter an amount equal to 25% of the amount of line (2): (4) $ (To be filled in by the Judgment Creditor) 5. (A) The current federal minimum wage is $ (You should use the figure in 5(A) to complete this portion of the form.) If you are paid weekly, enter thirty (30) times the current federal minimum wage; If paid biweekly, enter sixty (60) times the current federal minimum wage; If paid semimonthly, enter sixty-five (65) times the federal minimum wage; If paid monthly, enter one hundred thirty (130) times the federal minimum wage: 5(A) $ (B) Enter the amount by which the amount on line (2) exceeds the amount on line 5 (A): 5(B) $ 6. Enter the smallest of the amounts on lines (1), (4), or 5(B). Send this amount to the judgment creditor along with this form after you have signed it: (6) $ I certify the statements contained above are true to the best of my knowledge and belief. (Signature of Judgment Debtor) (Print Name and Residence Address of Judgment Debtor) (To verify that the amount shown on line (2) is a true statement of your earnings, you must either have your employer certify below that the amount shown on line (2) is a true statement of your earnings or you may submit copies of your pay stubs for the two pay periods immediately prior to your receiving this notice.) I certify that the amount shown on line (2) is a true statement of the judgment debtor's earnings. (Print Name of Employer) (Signature of Employer) I certify that I have attached copies of my pay stubs for the two pay periods immediately prior to my receiving this notice. (Signature of Judgment Debtor) merican Legalet, nc. A NI .ormsWorkFo.com wF lw