Order And Notice Of Garnishment Of Personal Earnings (Garnishee) {COC-CV-09-E}

COC-CV-09/E R EV. 8/29/00 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO ORDER AND NOTICE OF GARNISHMENT OF PERSONAL EARNINGS (Section A) AND ANSWER OF THE GARNISHEE (Section B is on a Separate Document) C ase No . (This Number must be used on all references) JUDGMENT CREDITOR AGAINST JUDGMENT DEBTOR SECTION A. COURT ORDER AND NOTICE OF GARNISHMENT To: , Garnishee (Employer) The judgment creditor in the above case has filed an affidavit, satisfactory to the undersigned, in this court stating that you owe the judgment debtor money for personal earnings and that some of that money may not be exempt from garnishment under the laws of the State of Ohio or the laws of the United States. You are therefore ORDERED to complete the Answer of the Employer (Garnishee)enclosed as section B. Return one completed and signed copy of the section B form to the clerk of this court within FIVE (5) business days after you received this order of garnishment. Deliver one completed and signed copy of this form and the accompanying documents entitled NOTICE TO THE JUDGMENT DEBTOR and REQUEST FOR HEARING to the judgment debtor (employee). Keep the other completed and signed copy of this form for your files. The total probable amount now due on this judgment is $ the total probable amount due includes the unpaid portion of the judgment in favor of the judgment creditor, which is $__________________ ; interest on that judgment and if applicable, prejudgment interest relative to the judgment at the rate of___%per annum payable until that judgment is satisfied in full; and the court cost in the amount of $_____________. This order of garnishment of personal earnings is a CONTINUOUS order that generally requires you to withhold a specified amount, calculated each pay period at the statutory percentage, of the judgment debtors personal disposable earnings during each pay period, as determined in accordance with the INTERIM REPORT AND ANSWER OF THE GARNISHEE, from the judgment debtors (employees) personal disposable earnings during each pay period of the judgment debtor commencing with the first full pay period beginning after you receive the order until the judgment in favor of the judgment creditor and the associated court cost, judgment interest, and if applicable, prejudgment interest awarded to the judgment debtor as described above have been paid in full. You generally must pay that specified amount calculated each pay period at the statutory percentage, to the clerk of this court within thirty (30) days after the end of each pay period of the judgment debtor and must include with that specified amount calculate each pay period at the statutory percentage an INTERIM REPORT AND ANSWER OF THE GARNISHEE substantially in the form set forth in Section 2716.07 of the Ohio Revised Code. A copy of the INTERIM REPORT AND ANSWER OF THE GARNISHEE is included with this order of garnishment of personal earnings, and you may photocopy it to use each time you pay the specified amount to the clerk of this court. (OVER) <<<<<<<<<********>>>>>>>>>>>>> 2 You are permitted to deduct a processing fee of up to three dollars from the judgment debtors personal disposal earnings for any pay period of the judgment debtor that an amount was withheld for that order (The processing fee is not a part of the court cost). You are not required to file wth the court the INTERIM i REPORT AND ANSWER OF GARNISHEE for any pay period of the judgment debtor for which an amount from the judgment debtors personal disposal earnings during that pay period was not withheld for that order. The order of garnishment of personal earnings generally will remain in effect until one of the following occurs: (1) The total probable amount due on the judgment as described above is paid in full as a result of your withholding of the specified amount, calculated each pay period at the statutory percentage, from the judgment debtors personal disposal earnings during each pay period of the judgment debtor that commenced with the first full pay period beginning after you received the order. (2) The judgment creditor or the judgment creditors attorney files with this court a written notice that the total probable amount now due on the judgment as described above has been satisfied or the judgment creditor or the judgment creditors attorney files a written request to terminate this order of garnishment and release you from the mandate of this order of garnishment. (3) A municipal or county court appoints a trustee for the judgment debtor and issues to you an order that stays this order of garnishment. (4) A federal bankruptcy court issues to you an order that stays this order of garnishment of personal earnings. (5) A municipal or county court or a court of common pleas issues to you another order of garnishment of personal earnings that relates to the judgment debtor and a different ju dgment creditor, and Ohio or federal law provides the other with a higher priority than this order. (6) A municipal or county court or a court of common pleas issues to you another order of garnishment of personal earnings that relates to the judgment debtor and a different judgment creditor and does not have a higher priority than this order. (7) The judgment creditor or the judgments attorney files with this court a written request to terminate and release the order of garnishment, and as a result, the order of garnishment will cease to remain in effect. Under any of the circumstances listed above you are required to file with this court a FINAL REPORT AND ANSWER OF GARNISHEE substantially in the form set forth in Section 2716.08 of the Ohio Revised Code. A copy of the FINAL REPORT AND ANSWER OF THE GARNISHEE is included with this order of garnishment of personal earnings. Under the circumstances listed in (5) and (6) above, you must cease processing this order of garnishment after the expiration of the full pay period within which the one hundred and eighty-second (182) day after you began processing it falls. Special stacking, priority of payment, and manner of payment rules apply when a garnishee (employer) receives multiple orders of garnishment wi judgment debtor. These rules are set forth in Sectionth respect to the same 2716.041 of the Ohio Revised Code. An employer guide to processing continuous orders of garnishment is included with this order of garnishment. You should make yourself familiar with these rules. Witness my hand and seal of this court this ______