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Notice To The Judgment Debtor Of Garnishment Of Property Other Than Personal Earnings Form. This is a Ohio form and can be use in Vandalia City (Municipal Court).
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NOTICE TO THE JUDGMENT DEBTOR OF GARNISHMENT OF PROPERTY OTHER THAN PERSONAL EARNINGS
(Ohio Revised Code § 2716.13(C) Eff. 3/13/86)
VANDALIA MUNICIPAL COURT
P.O. BOX 429
245 JAMES E. BOHANAN MEMORIAL DRIVE
VANDALIA, OH 45377
:
:
:
Judgment Creditor
vs.
Case No. ______________________________
:
:
:
NOTICE TO THE JUDGMENT DEBTOR
OF GARNISHMENT OF PROPERTY
OTHER THAN PERSONAL EARNINGS
:
Judgment Debtor
:
You are hereby notified that this Court has issued an order in the above case in favor of _____________________________,
the Judgment Creditor in this proceeding, directing that some of your money, property, or credits, other than personal earnings, now in
the possession of __________________________________________________________________, 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 ________________________________________________, Case No. ______________________________
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;
(4) Poor relief or general relief (G.R.);
(7) Veterans’ benefits
(2) Unemployment compensation benefits;
(5) Social security benefits;
(8) Black lung benefits;
(3) Aid to dependent children (A.D.C.);
(6) Supplemental security income (S.S.I.)
(9) Certain pensions.
Additionally, wages under a certain amount may not be taken to pay the debt. 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 he/she should not be given your money,
property, or credits, other than personal earnings, now in the possession of the indicated 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 second page, or in a substantially similar form, and delivering the request for hearing to this Court
at the above address, at the office of the Clerk of this Court no later than the end of the fifth business day after you receive this notice.
You may state your reasons for disputing the Judgment Creditor’s right, you are not prohibited from stating any other reason at the
hearing, or 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.
If you request a hearing, the hearing will be limited to a consideration of the amount of money, property, or credits, other than
personal earnings, in the possession or control of the indicated garnishee, if any, that can be used to satisfy all or part of the judgment
you owe to the Judgment Creditor. No objections to the judgment itself will be heard or considered at any such hearing. If you request
a hearing by delivering your request for hearing no later than the end of the fifth business day after you receive this notice, it will be
conducted in Courtroom #1, Vandalia Municipal Court, 2nd Floor Justice Center, 245 James E. Bohanan Memorial Drive, Vandalia,
Ohio 45377 at __________ M. on the ____________________________, 20______. You may request the Court to conduct the
hearing before this date by indicating your request in the space provided on the form; the Court then will send you notice of any
change in the date, time, or place of the hearing. If you do not request a hearing by delivering your request for hearing 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 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.
Clerk of Courts
Date
THIS FORM MUST BE SUBMITTED IN DUPLICATE
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Vandalia Municipal Court
P.O. Box 429
245 James E. Bohanan Memorial Drive
Vandalia, OH 45377
Case No.
, 20
REQUEST FOR HEARING
ON GARNISHMENT OF PROPERTY OTHER THAN PERSONAL EARNINGS
I dispute the 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 on __________ the date and time set forth in the document entitled “ Notice to Judgment
Debtor” that I received with this request form. (on or earlier than)
I dispute the Judgment Creditor’s right to garnish my property for the following reasons:
(OPTIONAL)
Name of Judgment Debtor
Signature
Date
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 at this time
and you may be required to give up the property sought without a hearing."
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