Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form
Tags:
SECTION B. ANSWER OF GARNISHEE 5 SECTION A. COURT ORDER AND NOTICE OF GARNISHMENT 1,2,3 AFFIDAVIT, ORDER AND NOTICE OF GARNISHMENT OF PROPERTY OTHER THANPERSONAL EARNINGS AND ANSWER OF GARNISHEE(O.R.C. 2716.11, .12, .13)THE STATE OF OHIOCOUNTY OF, SS Court, OhioJudgment CreditorCase No. vs.Judgment DebtorAFFIDAVIT IN SUPPORT OF MOTION FOR ORDER OF GARNISHMENT OF PROPERTY OTHER THAN PERSONAL EARNINGS1The undersigned, the 2, being first duly sworn, states that:1.The name of the Judgment Debtor whose property, other than personal earnings, the Judgment Creditor seeks to garnish is 2.The Garnishee, has property, other than personal earnings, of the Judgment Debtor that is not exempt under the laws of this State or the United States.3.The property is described as follows:4.The Judgment Creditor has obtained judgment against the Judgment Debtor which remains unsatisfied in the Amount of $Signed at , Ohio on , 20,3, 4THE STATE OF OHIOCOUNTY OF, SSAffiant220s SignatureSworn to before me and subscribed in my presence this day of , 20Notary Public - State of Ohio1 To be used to commence a proceeding after judgment and after journalization of judgment, ORC 247 2716.11.2 The Judgment Creditor, his agent or his attorney. ORC 247 2716.11.3 Must be accompanied by garnishment fee. ORC 247 2716.12 and by Motion for Order, Order and Notice of Garnishment, Notice to theJudgment Debtor and Request for Hearing, and a praecipe instructing the Clerk to issue two copies of the Notice and Hearing Request tothe Judgment Debtor, ORC 247 2716.13(C)(1).4 Court must schedule a hearing within 12 days of the filing of this proceeding. ORC 247 2716.13(A).To: , GarnisheeThe Judgment Creditor in the above case has filed an affidavit, satisfactory to the undersigned, in the Court stating that you have money, property or credits, other than personal earnings, in your hands or under your control that belong to the Judgment Debtor in this case and that some of the money,property, or credits may not be exempt from execution or garnishment under the laws of the State of Ohio or the laws of the United States.You are therefore ordered to complete section B of this form, return the completed original of this form, together with any amount shown due on it, to the Court not later than , 204Deliver one completed copy of this form to the indicated Judgment Debtor. Keep the other copy for your files.The total probable amount now due on thisjudgment, including interest and court costs is$You also are ordered to hold safely anything of value that belongs to the indicated Judgment Debtor that has to be paid to the Court, as determined under Section (B) of ths form, butthat 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 , 20Judge(Answer All Pertinent Questions)Now comes the garnishee who says:1.That he has money, property, or credits other than personal earnings of the indicated Judgment Debtor under his control Yes Noand in his possession.WHITE: Return to CourtBLUE: Retained by EmployerGREEN: Give to DefendantCANARY: Retained by CourtPINK: For Return of Service INSTRUCTIONS: To complete the back of this form; (1) tear stub off top, (2) reverse carbons, (3) continue typing or writing on the reverse side. American LegalNet, Inc. www.FormsWorkFlow.com SECTION A SHALL BE FILLED IN BEFORE SERVICE. SECTION B SHALL BE FILLED IN BY THE GARNISHEE AND THEORIGINAL FILED WITH THE COURT AS HIS ANSWER. THE GARNISHEE MAY KEEP ONE COMPLETED COPY AND SHALL 2.Said property is described as: 3.If the answer to line 1 is 215yes216 and the amount is less than the probable amount now due on the judgment, including interest and costs, as indicated in Section (A) of this form, sign andreturn this form and pay the amount of line 1 to the Clerk of this Court.4.If the answer to line 1 is 215yes216 and the amount is greater than the probable amount now due, sign and return this form and pay the probable amount now due to the Clerk of this Court.5.If the answer to line 1 is 215yes216 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 215X216 in thisspace: . 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 215no216, sign and return this form to the Clerk of this Court.I certify that the statements above are true.Print Name of GarnisheePrint Name and Title of Person Who Completed FormSignedSignature of Person Completing Form (Sign all copies)Copy delivered to Judgment Debtor this day of , 201 Three copies must be served on Garnishee. ORC 247 2716.13(B). Garnishee returns one to the Clerk of Courts and one to the Judgment Debtor and one is retained by the Garnishee. Must be served not later than seven days prior to the scheduled hearing date. ORC 247 2716.13(B).2 To be completed by the Judgment Creditor.3 Must be accompanied by Motion for Order, Affidavit, Notice to the Judgment Debtor, and a praecipe instructing the Clerk to issue two copies of the Notice and the Hearing Request tothe Judgment Debtor.4 Before the date set for the hearing as indicated on this notice. ORC 247 2716.21(B) and ORC 247 2716.13(B).5 To be completed by the Garnishee.TO: SHERIFF, CONSTABLE, BAILIFFYou are hereby directed to serve three (3) copies of this order of Garnishment of property other than personal earnings, together with theGarnishee220s 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 Garnisheenamed herein.Clerk - Deputy ClerkRETURN OF SERVICEOn the day of , 20I served this writ on the within named byG personal serviceReceived , 20G other (O.R.C. 2716.21) FEESService and return (Sheriff - Bailiff - Constable)Returned and filed , 20MileageI certify this to be a true copy of the original Order and Notice withall indorsements thereon.(Sheriff - Bailiff - Constable)ByDeputy American LegalNet, Inc. www.FormsWorkFlow.com