Notice To Judgment Debtor Form. This is a Ohio form and can be use in Franklin City (Municipal Court).
Tags: Notice To Judgment Debtor, Ohio City (Municipal Court), Franklin
FRANKLIN COUNTY MUNICIPAL COURT 375 SOUTH HIGH STREET, 3RD FLOOR COLUMBUS, OHIO 43215-4520 OTW ______________________________________, Judgment Creditor Vs. Case Number: ________________________ ______________________________________, Judgment Debtor (COMPLETE ADDRESS) ______________________________________ ______________________________________ NOTICE TO JUDGMENT DEBTOR WARNING!! THIS IS A LEGAL NOTICE IN REFERENCE TO A COURT ORDER. YOU MUST READ AND FOLLOW ALL OF THE DIRECTIONS CONTAINED HEREIN. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CONTACT THE CLERK’S OFFICE AT THE ABOVE ADDRESS OR CALL (614) 645-7222. YOU ARE HEREBY NOTIFIED that this court has issued an order in the above case in favor of the above-named judgment creditor(s), directing that some of your money in excess of four hundred dollars, property, or credits, other than personal earnings, that now may be in the possession of __________________________________________________________________________________________ _________________________________________________________________________________________ (name and address of garnishee), the garnishee in this proceeding, be used to satisfy your debt to the judgment creditor. This order was issued on the basis of the judgment creditor’s judgment against you that was obtained in this Court in the above-referenced case on __________________________________. UPON YOUR RECEIPT OF THIS NOTICE, YOU ARE PROHIBITED FROM REMOVING OR ATTEMPTING TO REMOVE SUCH MONEY, PROPERTY, OR CREDITS UNTIL EXPRESSLY PERMITTED BY THE COURT. ANY VIOLATION OF THIS PROHIBITION SUBJECTS YOU TO PUNISHMENT FOR CONTEMPT OF COURT. The law of Ohio and the United States provides that certain benefit payments cannot be taken from you to pay a debt. Typical among the benefits that cannot be attached or executed upon by a creditor are: (1) Workers’ compensation benefits,, (2)unemployment compensation payments, (3) cash assistance payments under the Ohio Works First Program, (4) benefits and services under the prevention, retention and contingency program, (5) Disability assistance administered by the Ohio Dept. of Jobs and Family Services, (6) Social security benefits, (7) supplemental security income (SSI), (8) Veterans’ benefits, (9) Black lung benefits, (10)certain sickness and accident benefits and certain pensions. There may be other benefits not included in the above list that apply in your case. If you dispute the judgment creditor’s right to garnish your property and believe that the judgment creditor should not be given your money, property, or credits, other than personal earnings, now in the possession of the garnishee because they are exempt or if you feel that this order is improper for any other reason, you may request a hearing before this court by disputing the claim in the “REQUEST FOR HEARING FORM”, appearing on the reverse, or in a substantially similar form, and delivering your “REQUEST FOR HEARING” to this Court at the above address, at the office of the Clerk, NO LATER THAN CLOSE OF BUSINESS ON THE FIFTH BUSINESS DAY AFTER YOU RECEIVE THIS NOTICE. You may state your reasons for disputing the judgment creditor’s right to garnish your property in the space provided on the form; however, you are not required to do so. If you do state your reasons for disputing the judgment creditor’s right, you are not prohibited from stating any other reason at the hearing. If you do not state your reasons, it will not be held against you by the court, and you can state your reasons at the hearing. NO OBJECTIONS TO THE JUDGMENT ITSELF WILL BE HEARD OR CONSIDERED AT THE HEARING. If you request a hearing, the hearing will be limited to a consideration of the amount of your money, property, or credits, other than personal earnings, in the possession or control of the garnishee, if any, that can be used to satisfy all or part of the judgment you owe to the judgment creditor. IF YOU REQUEST A HEARING, BY DELIVERING YOUR “REQUEST FOR HEARING” AS INDICATED ABOVE, THE HEARING WILL BE CONDUCTED WITHIN SEVEN BUSINESS DAYS OF THE FILING OF YOUR “REQUEST FOR HEARING”. YOU WILL BE NOTIFIED OF THE EXACT PLACE AND TIME. You may request the Court to conduct the hearing on an emergency basis by indicating your request in the space provided on the form; the Court then will set your hearing as soon as possible. IF YOU DO NOT REQUEST A HEARING BY DELIVERING YOUR “REQUEST FOR HEARING” TO THE CLERK’S OFFICE NO LATER THAN THE END OF THE FIFTH BUSINESS DAY AFTER YOU RECEIVE THIS NOTICE, SOME OF YOUR MONEY, PROPERTY, OR CREDITS, OTHER THAN PERSONAL EARNINGS, WILL BE PAID TO THE JUDGMENT CREDITOR. If you have any questions concerning this matter, you may contact the office of the clerk of this court. If you want legal representation, you should contact your lawyer immediately. If you need the name of a lawyer, contact the local bar association. ____________________Date:_________________, Deputy Clerk REV. 09/08 OTW Notice to Judgment Debtor (page 1, front) American LegalNet, Inc. www.FormsWorkFlow.com OTW FRANKLIN COUNTY MUNICIPAL COURT 375 SOUTH HIGH STREET, 3RD FLOOR COLUMBUS, OHIO 43215-4520 REQUEST FOR HEARING ON GARNISHMENT OF PROPERTY OTHER THAN PERSONAL EARNINGS __________________________________________ __________________________________________ __________________________________________ JUDGMENT CREDITOR(S), name and address AGAINST VS. CASE NUMBER:__________________________ This number must be used on all references __________________________________________ __________________________________________ __________________________________________ JUDGMENT DEBTOR, name and address REQUEST FOR HEARING ON GARNISHMENT OF PROPERTY OTHER THAN PERSONAL EARNINGS I DISPUTE THE INDICATED JUDGMENT CREDITOR’S RIGHT TO GARNISH MY MONEY, PROPERTY, OR CREDITS OTHER THAN PERSONAL EARNINGS, IN THE ABOVE CASE AND REQUEST THAT A HEARING IN THIS MATTER BE HELD AS SET FORTH IN THE DOCUMENT ENTITLED “NOTICE TO THE JUDGMENT DEBTOR OF GARNISHMENT OF PROPERTY OTHER THAN PERSONAL EARNINGS” THAT I RECEIVED WITH THIS REQUEST FORM. I _________________ FEEL THAT THE NEED FOR THE HEARING IS AN EMERGENCY. (Insert “DO” or “DO NOT”) I DISPUTE THE JUDGMENT CREDITOR’S RIGHT TO GARNISH MY PROPERTY FOR THE FOLLOWING REASONS (OPTIONAL): ________________________________________________________________________________ _____________________________________________________________________________________________ I understand that no objections to the judgment itself will be heard at this hearing. ________________________________________ _________________________________________ (Name of Judgment Debtor - Type or Print) (Signature of Judgment Debtor) _____________________________________________________________________ (Street Address) _______________________________________________________________________ (Date) _____________________________________________________________________ (City, State, Zip) _______________________________________________________________________ (Day time phone number) WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AND SOME OF YOUR MONEY, PROPERTY, OR CREDITS OTHER THAN PERSONAL EARNINGS, NOW IN THE POSSESSION OF THE GARNISHEE WILL BE PAID TO THE JUDGMENT CREDITOR TO SATISFY SOME OF YOUR DEBT TO THEM. REV. 09/08 OTW Notice to Judgment Debtor (page 2, back) American LegalNet, Inc. www.FormsWorkFlow.com