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Affidavit Order And Notice Of Garnishment Of Property Other Than Personal Earnings And Answer Of Garnishee Form. This is a Ohio form and can be use in Delaware County (Court Of Common Pleas).
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Tags: Affidavit Order And Notice Of Garnishment Of Property Other Than Personal Earnings And Answer Of Garnishee, Ohio County (Court Of Common Pleas), Delaware
AFFIDAVIT, ORDER AND NOTICE OF GARNISHMENT OF PROPERTY OTHER THAN
PERSONAL EARNINGS AND ANSWER OF GARNISHEE
THE STATE OF OHIO
COUNTY OF
, SS
Judgment Creditor
Court
, Ohio
Docket No.
Case No.
vs.
Page
Judgment Debtor
AFFIDAVIT
The undersigned, being first duly cautioned and sworn, affirmed according to law, says that I am the Judgment Creditor
herein/Attorney for Judgment Creditor (cross out one) herein, and that said Judgment Creditor heretofore, to-wit, on the
day
,2
, duly recovered a judgment before this Court against said Judgment Debtor
of
.
AMOUNT NOW DUE $
The affiant has good reason to believe and does believe that
has property
other than personal earnings of the Judgment Debtor that is not exempt under the laws of the State of Ohio or the United States.
DESCRIPTION OF PROPERTY:
ATTORNEY FOR JUDGMENT CREDITOR
Sworn to and subscribed before me this
day of
,2
NOTARY PUBLIC
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 have money,
property, or credits, other than personal earnings, in your hands or under your control that belong to the Judgment Debtor, and that some of the money,
property, or credits may not be exempt from garnishment under the laws of the State of Ohio or the laws of The United States. You are, therefore, ordered
to complete the “Answer of Garnishee” in Section (B) of this form. Return one completed and signed copy of this form to the Clerk of this Court,
together with the amount determined in accordance with the “Answer of Garnishee” by the following date on which a hearing is tentatively scheduled
relative to this order of Garnishment.
Deliver one completed and signed copy of this form to the Judgment Debtor prior to that date. Keep the other completed and signed copy of
this form for your files.
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 in full; and court costs in the amount of $
.
You also are ordered to hold safely anything of value that belongs to the Judgment Debtor and that has to be paid to the Court, as determined
under the “Answer of Garnishee” in Section (B) of this form, but that is of such a nature that it cannot be so delivered, until further order of the Court.
Witness my hand and the seal of this Court this
day of
,2
Judge
Revised January 27, 2004
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SECTION B. ANSWER OF GARNISHEE
(Answer all Pertinent Questions)
the Garnishee herein who says:
Now comes
1.
That the Garnishee has money, property, or credits other than personal earnings of the Judgment Debtor under the Garnishee’s control and in
the Garnishee’s possession
9 YES
9 NO
If yes, Amount
1.
2.
That property is described as:
3.
If the answer to line 1 is “yes” and the amount is less than the probable amount owed now due on the judgment, as indicated in Section (A)
of this form, sign and return this form and pay the amount of line 1 to the Clerk of this Court.
4.
If the answer to line 1 is “yes” and the amount is greater than the probable amount now due on the judgment, as indicated in Section (A) of
this form, sign and return this form and pay that probable amount now due to the Clerk of this Court.
5.
If the answer to line 1 is “yes” but the money, property, or credits are of such a nature that they cannot be delivered to the Clerk of this Court,
indicate that by placing an “X” in this space 9. Do not dispose of that money, property, or credits or give them to anyone else until further
order of this Court.
6.
If the answer to line 1 is “no”, sign and return this form to the Clerk of this Court.
I certify that the statements above are true.
(Print Name of Garnishee)
(Print Name and Title of Person Who Completed Form)
Signed
(Signature of Person Completing Form) (Sign all copies)
Copy delivered to Judgment Debtor this
day of
,2
SECTION A SHALL BE FILLED IN BEFORE SERVICE. SECTION B SHALL BE FILLED IN BY THE GARNISHEE AND THE ORIGINAL FILED WITH THIS COURT AS HIS/HER ANSWER. THE
GARNISHEE MAY KEEP ONE COMPLETED COPY AND SHALL DELIVER THE OTHER COMPLETED TO THE JUDGMENT DEBTOR.
TO: SHERIFF, CONSTABLE, BAILIFF
You are hereby directed to serve three (3) copies of this order of Garnishment of property other than personal earnings, together
with the Garnishee’s fee as provided for in O.R.C. 2716.12 with a written notice that the Garnishee answer as provided in O.R.C. 2716.21
on the Garnishee named herein.
Clerk - Deputy Clerk
RETURN OF SERVICE
,2
Received
,2
FEES
Service and return
(Sheriff - Bailiff - Constable)
Returned and filed
On the
day of
I served this writ on the within named by
9 personal service
9 other (O.R.C. 2716.21)
,2
Mileage
I certify this to be a true copy of the original Order and Notice
with all indorsements thereon.
(Sheriff - Bailiff - Constable)
By
Deputy
Revised January 27, 2004
American LegalNet, Inc.
www.USCourtForms.com