AFFIDAVIT, ORDER AND NOTICE OF GARNISHMENT OF PROPERTY OTHER THAN PERSONAL EARNINGS AND ANSWER OF GARNISHEE THE STATE OF OHIO COUNTY OF LAKE SS COMMON PLEAS COURT ___________________________________ ___________________________________ Painesville, Ohio JUDGMENT CREDITOR VS CASE NO. _________________________ ___________________________________ ___________________________________ JUDGE ____________________________ JUDGMENT DEBTOR AFFIDAVIT Having first been duly sworn or solemnly affirmed to do so, I hereby state that I am the judgment creditor or the attorney for the judgment creditor in the above referenced case against the named judgment debtor that the garnishee named in section A may have in the garnishee’s hands or control money, property, or credits, other than personal earnings, of the judgment debtor AMOUNT NOW DUE $ ________________________________________ _____________________________________________________________________________________________________ may DESCRIPTION OF PROPERTY / BANK ACCOUNT INFORMATION _____________________________________________________________ ________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________ ATTORNEY FOR JUDGMENT CREDITOR ________________________________________________________ Sworn to and subscribed before me _____________________________________________ this ____________ day of __________________________________ _____________________________________________ ________________________________________________________ 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 have money, property, or credits, other than personal earnings, in your hands or under your control that belong to the Judgment Debtor. 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 of 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 may hand and the seal of this court this ___________________day of _________________________, ______________________ _______________________________________________ JUDGE American LegalNet, Inc. www.FormsWorkFlow.com SECTION B. ANSWER OF GARNISHEE (Answer All Pertinent Questions) Now comes _________________________________________________________________________the garnishee herein who says: 1. That the Garnishee has more than $425 in money, property or credits, other than personal earnings, of the judgment debtor under the Garnishee’s control and in the Garnishee’s possession. ͝ YES ͝ NO If yes, amount over $425 __________________ 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 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 Court, indicate that by placing an “X” in this space Ƒ. Do not dispose of that money, property, or credits or give them to anyone else until further order of the 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 _______________________________________, __________ SECTION A SHALL BE FILLED IN BEFORE SERVICE SECTION B SHALL BE FILLED IN BY THE GARNISHEE AND THE ORIGINAL FILED WITH THE COURT AS HIS 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 fees 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 Received ____________________________, __________ _______________________________________________ (Sheriff – Bailiff- Constable) On the ____________ day of ______________, __________ I served this writ on the within named by ͙ personal service ͙ other (O.R.C. 2716.21)__________________________ _____________________________________________ FEES Return and filed ______________________, ___________ Service and return __________________________________ I certify this to be a true copy of the original Order and Notice with all endorsements thereon. Mileage __________________________________________ _________________________________________________ (Sheriff – Bailiff – Constable) _______________________________________________ By ______________________________________________ Deputy American LegalNet, Inc. www.FormsWorkFlow.com