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Order And Notice Of Garnishment And Answer Of Employer - Section A Form. This is a Ohio form and can be use in Berea City (Municipal Court).
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Tags: Order And Notice Of Garnishment And Answer Of Employer - Section A, Ohio City (Municipal Court), Berea
COURT
COUNTY . .
. . . . . . . . . .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . .FOR . . . . . . . . .
INSTUCTIONS . . . . . GARNISHMENT OF
:
Index No.
WAGES
Complete Section “A” by following the numbers accordingly on the form.
:
Calendar No.
1. Berea Court Case Number
:
JUDICIAL SUBPOENA
Plaintiff(s)
2. Judgment Creditor Name (Plaintiff’s Name)
3. Judgment Debtor Name (Defendant’s Name)
-against4. I.D. for Judgment Debtor (the Defendant’s Social: Security Number)
5. Judgment Creditor or Attorney (if any) Name, Address and Telephone Number
:
6. Judgment Creditor/Plaintiff Name
7. Date of Judgment
:
8. Amount of Judgment
9. Interest Rate of Judgment
Defendant(s)
10. Interest Amount Due
:
. . . . . . . . . . . . . . . . . .Total. Court .Costs. Due . . . . . . . . . . . . . . . . . . . .
11. . . . . . . . . . . . . .
12. Amount Received on Judgment to Date
13. Total Amount Currently Due
14. Signature of Judgment Creditor/Plaintiff; signature must be witnessed by Notary or Deputy Clerk
THE PEOPLE OF THE the Berea OF NEW Court
of STATE Municipal YORK
15. Notary/Deputy Clerk Signature
16. Complete Name and Address of Judgment Debtor/Defendant Employer
TO
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at the
Court
located at
County of
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give evidence as a witness in this action on the part of the
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.
Witness, Honorable
Court in
County,
, one of the Justices of the
day of
, 20
(Attorney must sign above and type name below)
Attorney(s) for
Office and P.O. Address
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
COUNTY . ORDER . . . . . . . . . . . . . . . GARNISHMENT
. . . . . . . . . .OF. . . . . . . .AND .NOTICE.OF . . . . . . . . . . . . . . . . .
.
AND ANSWER OF EMPLOYER – SECTION :
BEREA MUNICIPAL COURT
RAYMOND J. WOHL, CLERK OF
COURTS
Plaintiff(s)
11 BEREA COMMONS
-againstBEREA, OHIO 44017
:
Calendar No.
:
JUDICIAL SUBPOENA
:
:
The State of Ohio
Index No.
A
Clerk’s Filed Date Stamp
CASE NO. ____________________
:
___________________________vs. ___________________________________
Judgment Creditor
Judgment Debtor
Defendant(s)
:
. . . . . . . . . . . County of Cuyahoga .SS. . . . . . . . . . . . . . . . . . . . . . . . .
................ ..
______________________________________________________________
I.D. for Judgment Debtor
Judgment Creditor or Attorney for Judgment Creditor:
Name:_________________________________________________________________________
THE PEOPLE OF THE STATE OF NEW YORK
_
Address:________________________________________________________________________
TO
City, State & Zip Code:____________________________________________________________
Telephone:______________________________________________________________________
Before me, the undersigned Notary Public or Deputy Clerk of the Berea Municipal Court, personally appeared __________________
Who being first duly sworn according to law, says that he is the JUDGMENT CREDITOR or ATTORNEY for JUDGMENT
GREETINGS:
CREDITOR herein and that said Judgment Creditor heretofore, on the __________(date) duly recovered judgment before the Berea
Municipal Court against said Judgment Debtor which remains unsatisfied.
WE COMMAND YOU, that all business and excusesOF JUDGMENT $__________________________ attend before
being laid aside, you and each of you
AMOUNT
,
the Honorable
at the
Court
Including INTEREST TO DATE (interest rat=_______%) + $__________________________
located at
County of Plus UNPAID COURT COSTS TO DATE including the cost of this processing + $__________________________
Minus AMOUNT RECEIVED on Judgment - $__________________________
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at
AMOUNT NOW DUE = $__________________________ any recessed
or adjourned date, to testify and give evidence as a witness in this action on the part of the
The affiant has good reason to believe and does believe that the Garnishee named in Section A of this form is an employer of the
Judgment Debtor who has personal earnings of the Judgment Debtor that are not exempt under section 2329.66 of the Ohio Revised
Code. And that a true copy of the Demand required by Sec. 2716.02 O.R.C. has been made and a true copy of said Demand which
was made is attached hereto; the payment demanded in said Demand has not been made, nor has a sufficient portion been made to
prevent the to comply personal earnings as described in section 2716.02 contempt of court The will has no
Your failure garnishment of with this subpoena is punishable as aof the Ohio Revised Code. and affiantmake you liable to
knowledge of any application by the Judgment Debtor for the appointment of a trustee so as to preclude the garnishment of the
the party on whose behalf this subpoenaand hasissued for a maximumwhich this affidavit pertains is subject to a debt
Judgment Debtor’s personal earnings was no knowledge that the debt to penalty of $50 and all damages sustained as a
result of yourschedulingto comply.such a nature that is precludes the garnishment of the personal earnings of the Judgment Debtor under section
failure agreement of
2716.03(B) of the Ohio Revised Code.
Sworn Honorable
Witness,to and subscribed before me _________________________
(date)
Court in
County,
day of
, 20
________________________________________________
, one of the Justices of the
Affiant’s Signature
_____________________________________________
Notary Public or Deputy Clerk
SECTION A: COURT ORDER AND NOTICE OF GARNISHMENT TO: GARNISHEE (employer)
(Attorney must sign above and type name below)
Employer Name _________________________________________________________________
Address:________________________________________________________________________
Attorney(s) for
City, State & Zip Code ____________________________________________________________
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 OhioP.O. Address the United States.
Office and or the Laws of
You are therefore ordered to complete the ‘ANSWER OF EMPLOYER (GARNISHEE)” in Section B of the attached
form. Return one COMPLETED and SIGNED copy of this 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 Section B and the accompanying documents
Telephone No.:
entitled “NOTICE TO THE JUDGMENT DEBTOR” and “REQUEST FOR HEARING” to the Judgment Debtor. Keep the
other completed and signed copy of this form for your files.
Facsimile No.:
E-Mail Address:
The original and two copies to be filed with the Court. Original for the Court – 2 copies mailed to Employer.
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
COUNTY . .
. . . . . . . . . .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
:
Index No.
The total probable amount now due on this judgment is $___________. The total probable amount now 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 that judgment at the rate of _________% per annum payable until that judgment is satisfied
Calendar No.
In full; and the court costs in the amount of $ ________________.
:
This Order of Garnishment of Personal Earnings is a continuous order that generally requires you to withhold a specified
Plaintiff(s)
amount, calculated each pay period at the statutory percentage, of the Judgment Debtor’s personal disposable earnings during each pay
period, as determined in accordance with the “INTERIM REPORT AND ANSWER OF GARNISHEE” from the Judgment
-against:
Debtor’s personal order until the judgment in favor of the Judgment Debtor commencing with the first full pay period beginning after
you receive the interest awarded to the Judgment Creditor as described above have been paid in full. You generally must pay that
specified amount, calculated each pay period at the statutory percentage, : the Clerk of this Court within thirty (30) days after the end
to
of each pay period of the Judgment Debtor and must include with that specified amount calculated each pay period at the statutory
percentage an “INTERIM REPORT AND ANSWER OF 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 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 feeDefendant(s)
of up to three dollars ($3.00) from the Judgment Debtors personal disposable 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
.... . ..... . ..... ...... . ...... ......
costs). You are not required to file with the court the “INTERIM REPORT AND ANSWER OF GARNISHEE” for any pay period
of the judgment debtor for which an amount from the Judgment Debtor’s personal disposable earnings during that pay period was not
withheld for that order.
JUDICIAL SUBPOENA
..........
This Order of Garnishment of Personal Earnings generally will remain in effect until one of the following occurs:
THE PEOPLE OF THE STATE OF NEW YORK
TO
(1). The total probably 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 Debtor’s personal disposable 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 Creditor’s Attorney files with this Court a written notice that the total probable amount
due to the judgment as described above has been satisfied or the Judgment Creditor or the Judgment Creditor’s Attorney files a
written request to terminate this Order of Garnishment and release you from the mandate of this Order of Garnishment.
GREETINGS:
(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 of Personal Earnings.
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
(4).
Garnishment of Personal Earnings.
,
the Honorable A Federal Bankruptcy Court issues to you an orderthe stays this Order ofCourt
at that
County of (5). A Municipal or County locateda at of Common Pleas issues to you another Order of Garnishment of Personal Earnings that
Court or Court
in room
, the Judgment Debtor and a different Judgment Creditor,at Ohio or Federal Law provides the noon, and ataany recessed
day of
, 20
, and
o'clock in the
relates toon the
other order with higher
priorityto testify and give evidence as a witness in this action on the part of the
than this order.
or adjourned date,
(6). A Municipal or County Court or a Court of Common Pleas issues to you another Order or Garnishment of Personal Earnings that
relates to the Judgment Debtor and a different Judgment Creditor and that does not have a higher priority than this order.
(7). The Judgment Creditor or the Judgment Creditor’s Attorney
request
Your failure to comply with Order of Garnishment will ceasefiles a writtencontempt of court and will Order of you liable to
this subpoena is punishable as a effect. to terminate and release the make
Garnishment, and as a result, the
to remain in
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
Under any of
result of your failure to comply.the circumstances listed above, you are required to file with this court a “FINAL REPORT AND
ANSWER OF THE 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 GARNISHEE” is attached to this order of garnishment of personal earnings. Under the
circumstances listed in
Witness,within which the(5) and (6) above, you must cease processingyou began processing it falls. the Justices of the full pay
Honorable one hundreds eighty-second (182) day after this Order of Garnishmentof the expiration of the
, one after
period
Court in
County,
day of
, 20
Special stacking, priority of payment, and manner of payment rules to apply when a garnishee receives multiple Orders of
Garnishment with respect to the same Judgment Debtor. These rules are set for in section 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 become familiar with these rules.
(Attorney must sign above and type name below)
Witness my hand and the seal of this court on this date of _____________________________________________.
Attorney(s) for
_______________________________________________________________________
Office and P.O. Address
JUDGE MARK A. COMSTOCK, BEREA MUNICIPAL COURT
Garnishment Form Section A: 08/2000 (O.R.C. 2716.05)
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com