Affidavit Order And Notice Of Garnishment Of Personal Earnings And Answer Of Employer

8 PORTAGE COUNTY COMMON PLEAS COURT, LINDA K. FANKHAUSER, CLERK OF COURTS I AFFIDAVIT, ORDER AND NOTICE OF GARNISHMENT O F PERSONAL EARNINGS AND ANSWER O F EMPLOYER CREDITOR PORTAGE C O U N T Y C O M M O N PLEAS CLERK 203 W E S T M A I N ST RAVENNA O H 44266 VS . DEBTOR 330-297-3644 CASE # (MUST BE ON ALL REFERENCES) AFFIDAVIT: The undersigned, being first duly cautioned, sworn o r affirmed according t o law, says that I a m attorney1Judgment Creditor against the above named Judgment Debtor. (Name and address o f Garnishee) who may b e a n employer of the Judgment Debtor and w h o may have personal earnings on the Judgment Debtor. That the demand in writing, as required b y section 2716.02 o f the Revised Code, has been made; that payment demanded in the notice required b y Section 2716.02 of the Revised Code has not been made, and a sufficient portion o f the payment demanded has not been made to prevent the garnishment o f personal earnings a s described in Section 2716.02 o f the Revised Code. That the affiant has n o knowledge o f a n y application b y the Judgment Debtor for the appointment of a trustee s o as to preclude the garnishment,of the Judgment Debtor's personal earnings, nor knowledge that the debt is the subject of a debt scheduling agreement o f a nature precluding garnishment under Revised Code 2716.03 (B). Sworn to & Subscribed before me on NOTARY PUBLIC/ DEPUTY CLERK herein who heretofore recovered, or certified, a judgment in this court 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 owe the Judgment Debtor money for personal earnings. You are therefore ordered to complete the Answer of Employer (Garnishee) in Section B of this form. Return a completed & signed copy of this form to the Clerk of this Court within five 15) business days after receivinp this garnishment order. Deliver a completed and signed copy, and accompanying documents entitled Notice to the Judgment Debtor & Request for Hearing to the debtor. Keep a completed and signed copy for your files. Total Probable Amount Now Due On Judgment Is $ : Total Probable Amount Now Due includes the unpaid ; judgment interest and, if applicable, portion of the judgment in favor of the Judgment Creditor, which is % % per annum payable until judgment is satisfied; and court costs in the amount of prejudgment interest relative to that Judgment at S . This garnishment order 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 debtor's personal disposable earnings as determined in accordance with the InterimIFinal Report & Answer of Garnishee, from the debtors personal disposable earnings during each pay period commencing with the first full pay period beginning after you receive the order until the judgment in favor of the Judgment Creditor, and associated court costs, judgment interest, and, if any, prejudgment interest awarded to the Judgment Creditor as described above has been paid in full. You eenerallv must pay that specified amount. calculated each pay period a t the statutorv percentage to the Clerk of this Court within 30 days after the end of each Day period of the Judement Debtor and must include that specified amount calculated each pay period at the statutow oercentage an I n t e r i d i n a l Report & Answer of Garnishee in the form set forth in 2716.07 O.R.C. A copy of the InterimIFinal and Answer of garnishee is attached to 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. You are permitted to deduct a processing fee of up to $3.00 from the debtor's personal disposable earnings for any pay period of the debtor that an amount was withheld for that order (processing fee is not part of the court costs). You are not required to file with the court the InteridFinal Report and Answer of Garnishee for any pay period of the debtor for which an amount from the debtor's personal disposable earnings was not withheld for that order. This garnishment order of personal earnings generally will remain in effect until one of the following occur: (1) the total probable amount due on the judgment is paid in full due to your withholding of the specified amount, calculated each pay period at the statutory percentage from the debtor's personal disposable earnings that commenced with the first full pay period that commenced after you received this order; (2) the creditor, or creditor's attorney, files with this court a written notice that the total probable amount due on the judgment has been satisfied, or the creditor, or creditor's attorney, files a written request to terminate this garnishment order and release you from the mandate of this garnishment order; (3) a municipal or county court appoints a trustee for the debtor and issues to you an order that stays this garnishment order of personal earnings; (4) a federal bankruptcy court issues to you an order that stays this garnishment order of personal earnings; (5) a municipal, county, or a common pleas court issues to you a garnishment order of personal earnings that relates to the debtor and a different creditor, and Ohio or federal law provides the other order with a higher priority than this order; (6) a municipal, county, or a common pleas court issues to you a garnishment order of personal earnings that relates to the debtor and a different creditor that does not have a higher priority than this order; (7) the creditor, or creditor's attorney, files with this court a written request to terminate and release the garnishment order, and as a result, the garnishment order will cease to remain in effect. Under any of the circumstances listed above, YOU are required to file with this court an InteridFinal Report & Answer of Garnishee in the form set forth in 2716.08 O.R.C. A copy of the Final Report and Answer of Garnishee is attached to this order. Under the circumstances listed in (5) & (6) above, you must cease processing this garnishment after the expiration of the full pay period within which the 182 day after you began processing it falls. Special stacking, priority of payment, and manner of payment rules apply when a garnishee receives multiple garnishrnent orders with respect to the same debtor. These rules