Affidavit Order And Notice Of Garnishment Of Personal Earnings

PORTAGE COUNTY COMMON PLEAS COURT, JILL FANKHAUSER, CLERK OF COURTS AFFIDAVIT, ORDER AND NOTICE OF GARNISHMENT OF PERSONAL EARNINGS AND ANSWER OF EMPLOYER CREDITOR PORTAGE COUNTY COMMON PLEAS CLERK PO BOX 1035 RAVENNA OH 44266 330-297-3644 vs. DEBTOR CASE # (MUST BE ON ALL REFERENCES) AFFIDAVIT: The undersigned, being first duly cautioned, sworn or affirmed according to law, says that I am attorney/Judgment Creditor herein who heretofore recovered, or certified, a judgment in this court against the above named Judgment Debtor. (Name and address of Garnishee) who may be an employer of the Judgment Debtor and who may have personal earnings on the Judgment Debtor. That the demand in writing, as required by section 2716.02 of the Revised Code, has been made; that payment demanded in the notice required by Section 2716.02 of the Revised Code has not been made, and a sufficient portion of the payment demanded has not been made to prevent the garnishment of personal earnings as described in Section 2716.02 of the Revised Code. That the affiant has no knowledge of any application by the Judgment Debtor for the appointment of a trustee so as to preclude the garnishment of the Judgment Debtor222s personal earnings, nor knowledge that the debt is the subject of a debt scheduling agreement of a nature precluding garnishment under Revised Code 2716.03 (B). SIGNATURE: JUDGMENT CREDITOR/ATTORNEY Sworn to & Subscribed before me on NOTARY PUBLIC/ DEPUTY CLERK ******************************************************************************************************* 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 (5) business days after receiving 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 portion of the judgment in favor of the Judgment Creditor, which is $; judgment interest and, if applicable, prejudgment interest relative to that Judgment at % per annum payable until judgment is satisfied; and court costs in the amount of $ . 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 debtor222s personal disposable earnings as determined in accordance with the Interim/Final 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 generally must pay that specified amount, calculated each pay period at the statutory percentage to the Clerk of this Court within 30 days after the end of each pay period of the Judgment Debtor and must include that specified amount calculated each pay period at the statutory percentage an Interim/Final Report & Answer of Garnishee in the form set forth in 2716.07 O.R.C. A copy of the Interim/Final 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 debtor222s 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 Interim/Final Report and Answer of Garnishee for any pay period of the debtor for which an amount from the debtor222s 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 debtor222s personal disposable earnings that commenced with the first full pay period that commenced after you received this order; (2) the creditor, or creditor222s attorney, files with this court a written notice that the total probable amount due on the judgment has been satisfied, or the creditor, or creditor222s 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 creditor222s 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 Interim/Final 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 garnishment orders with respect to the same debtor. These rules are set forth in 2716.041 O.R.C. An employer guide to processing continuous garnishment orders is included with this garnishment order. You should become familiar with these rules. WITNESS MY HAND AND SEAL OF THIS COURT THIS DAY OF, 20 PC 4098 (Rev 09/08) JUDGE American LegalNet, Inc. www.FormsWorkFlow.com SECTION B: ANSWER OF EMPLOYER (GARNISHEE) ANSWER ALL PERTINENT QUESTIONS COMPLETE & RETURN A SIGNED COPY OF THIS FORM TO THE PORTAGE COUNTY COMMON PLEAS COURT AN EMPLOYER IS ONE WHO IS REQUIRED TO WITHHOLD PAYROLL TAXES OUT OF PAYMENTS OF PERSONAL EARNINGS MADE TO THE JUDGMENT DEBTOR I CERTIFY THAT ALL STATEMENTS ANSWERED BELOW ON THIS FORM ARE TRUE. CASE NUMBER Now comesthe employer herein who says: 1. This garnishment order of personal earnings was received on 2. The judgment debtor is in my employ: YesNo (IF 223YES224 COMPLETE REMAINDER OF SECTION B & THE INTERIM/FINAL REPORT FORM) If the answer is 223no224 give date of last employment 3. (A) Is the debt to which this garnishment order of personal earnings pertains the subject of an existing agreement for debt scheduling between the Judgment Debtor and a budget and debt counseling service, and has the Judgment Debtor made every payment that was due under the agreement for debt scheduling no later than 45 days after the date on which the payment was due? YES NO If the answer to both parts of this question is 223YES224, give all available details of the agreement, sign this form, and return it to the court. (B) Were you, on the date that you received this garnishment order of personal earnings, withholding moneys from