As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 294 5
1999-2000 6
REPRESENTATIVES WILLAMOWSKI-DePIERO-GRENDELL-HOLLISTER- 8
KREBS-PRINGLE-TAYLOR-TERWILLEGER-BARRETT-SALERNO-FLANNERY- 9
AMSTUTZ-JOLIVETTE-MEAD-VESPER-MAIER-CORE-TIBERI-BUCHY- 11
SENATORS LATTA-CUPP-SPADA-MUMPER-DRAKE
_________________________________________________________________ 13
A B I L L
To amend sections 1315.40, 1315.41, 2301.35, 15
2307.61, 2335.19, 2335.24, 2716.02, 2716.04, 16
2716.041, 2716.05, 2716.06, 2716.07, 2716.08, 17
2716.09, and 2716.21 and to enact section
2716.031 of the Revised Code relative to the 19
collection of amounts due under judgments for 20
court costs, prohibiting treble damages on 21
certain checks returned for insufficient funds on
loans issued by check-cashing businesses, 22
clarifying that a collection agent that has a 23
contract with a child support enforcement agency 24
is not required to be licensed as a private
investigator, and modifying the law regarding 25
garnishment of personal earnings.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That sections 1315.40, 1315.41, 2301.35, 28
2307.61, 2335.19, 2335.24, 2716.02, 2716.04, 2716.041, 2716.05, 29
2716.06, 2716.07, 2716.08, 2716.09, and 2716.21 be amended and 31
section 2716.031 of the Revised Code be enacted to read as 32
follows:
Sec. 1315.40. In addition to the interest authorized to be 41
contracted for and received pursuant to section 1315.39 of the 43
Revised Code, a check-cashing business licensed pursuant to 44
2
sections 1315.35 to 1315.44 of the Revised Code may charge, 45
collect, and receive the following fees and charges in connection 46
with a loan made under sections 1315.35 to 1315.44 of the Revised 48
Code:
(A) Loan origination fees not exceeding an amount equal to 50
five dollars per fifty dollars of the amount of the loan; 51
(B) Check collection charges not exceeding an amount equal 53
to twenty dollars plus any amount passed on from other financial 55
institutions for each check, negotiable order of withdrawal, 56
share draft, or other negotiable instrument returned or 57
dishonored for any reason, provided that the terms and conditions 58
upon which check collection charges will be charged to the 59
borrower are set forth in the written loan contract described in 60
division (A)(4) of section 1315.39 of the Revised Code; 61
(C) DAMAGES, COSTS, AND DISBURSEMENTS TO WHICH THE 63
CHECK-CASHING BUSINESS MAY BECOME ENTITLED TO BY LAW IN 64
CONNECTION WITH ANY CIVIL ACTION TO COLLECT A LOAN AFTER DEFAULT. 65
Sec. 1315.41. No check-cashing business licensed pursuant 74
to sections 1315.35 to 1315.44 of the Revised Code shall do any 75
of the following:
(A) Violate section 1315.36 of the Revised Code; 77
(B) Make a loan that does not comply with division (A) of 79
section 1315.39 of the Revised Code; 80
(C) Charge, collect, or receive, directly or indirectly, 82
any additional fees or charges in connection with a loan, other 83
than fees and charges permitted by sections 1315.39 and 1315.40 84
of the Revised Code and costs or disbursements to which the 85
check-cashing business may become entitled to by law in 86
connection with any suit CIVIL ACTION to collect a loan after 88
default;
(D) COLLECT TREBLE DAMAGES PURSUANT TO DIVISION 91
(A)(1)(b)(ii) OF SECTION 2307.61 OF THE REVISED CODE IN
CONNECTION WITH ANY CIVIL ACTION TO COLLECT A LOAN AFTER A 92
DEFAULT DUE TO A CHECK, NEGOTIABLE ORDER OF WITHDRAWAL, SHARE 93
3
DRAFT, OR OTHER NEGOTIABLE INSTRUMENT THAT WAS RETURNED OR 94
DISHONORED FOR INSUFFICIENT FUNDS;
(E) Make a loan to a borrower if there exists an 96
outstanding loan between the check-cashing business and that 97
borrower, which AND IF THE outstanding loan was made pursuant to 99
section SECTIONS 1315.35 to 1315.43 of the Revised Code. 101
Sec. 2301.35. (A) Each county shall have a child support 110
enforcement agency. A government entity designated under this 112
section prior to October 1, 1997, or a private or government 114
entity designated under section 307.981 of the Revised Code on or 115
after that date may serve as a county's child support enforcement 116
agency.
(B) Each child support enforcement agency shall enter into 119
a plan of cooperation with the board of county commissioners 120
under section 307.983 of the Revised Code and comply with the 121
partnership agreement the board enters into under section 307.98 122
and contracts the board enters into under sections 307.981 and 123
307.982 of the Revised Code that affect the agency.
(C) The child support enforcement agency for a county is 125
the local Title IV-D agency for the county and shall operate a 126
program for support enforcement in the county, which program 127
shall comply with Title IV-D of the "Social Security Act," 88 128
Stat. 2351 (1975), 42 U.S.C. 651, as amended, any rules adopted 129
pursuant to that title, and sections 2151.23, 2151.231, 2151.232, 130
2151.33, 2301.34 to 2301.46, 3105.18, 3105.21, 3109.05, 3109.19, 132
3111.13, 3111.20, 3111.211, 3111.22, 3113.04, 3113.21 to 134
3113.219, 3113.31, and 3115.31 of the Revised Code. Each child 135
support enforcement agency shall be operated under the 137
supervision of the department of job and family services in 138
accordance with the program of child support enforcement 141
established pursuant to section 5101.31 of the Revised Code, 142
shall be responsible in the county it serves for the enforcement 143
of support orders, and shall perform all administrative duties 144
related to the enforcement of any support order. Except as 146
4
provided in division (H) of this section and pursuant to sections 147
2301.38 and 2301.45 of the Revised Code, no child support 148
enforcement agency shall collect any support amounts due under a 149
support order as part of its duties to enforce support orders. 150
No child support enforcement agency shall use any social security 151
number made available to it under section 3705.07 of the Revised 152
Code for any purpose other than child support enforcement. The 153
department shall ensure that all child support enforcement 154
agencies comply with all applicable state and federal support 155
regulations, including the affirmative duties of Title IV-D of 156
the Social Security Act. 157
Each child support enforcement agency may enter into 159
contracts with public agencies and private vendors for assistance 160
in establishing paternity or support obligations, or for the 161
performance of other administrative duties of the agency. Each 162
child support enforcement agency may contract with a collection 163
agent for the collection of arrearages owed under child support 165
orders being administered by the agency. IF THE DEPARTMENT OF 166
JOB AND FAMILY SERVICES OR A CHILD SUPPORT ENFORCEMENT AGENCY 167
CONTRACTS WITH A COLLECTION AGENT FOR THE COLLECTION OF 168
ARREARAGES, THE COLLECTION AGENT IS NOT REQUIRED TO BE LICENSED 169
AS A PRIVATE INVESTIGATOR UNDER CHAPTER 4749. OF THE REVISED 170
CODE. Before entering into a contract for assistance in
establishing paternity or support obligations, for other 173
administrative services, or for the collection of arrearages by a 174
collection agent, a child support enforcement agency shall comply 175
with sections 307.86 to 307.92 of the Revised Code and any rules 176
adopted by the director of job and family services pursuant to 178
division (D)(1) of this section.
(D)(1) The director of job and family services shall adopt 181
rules under Chapter 119. of the Revised Code governing the 183
operation of support enforcement by child support enforcement 184
agencies. The rules shall include, but shall not be limited to, 185
provisions relating to contracts between the agencies and boards 186
5
of county commissioners entered into under division (B)(1) of 187
this section, requirements for public hearings by the agencies, 188
and provisions for appeals of agency decisions under procedures 189
established by the director. 190
(2) The director of job and family services shall adopt in 194
accordance with Chapter 119. of the Revised Code rules governing 195
the establishment by child support enforcement agencies of 196
on-site genetic testing programs to be used in actions under 197
sections 3111.01 to 3111.19 of the Revised Code and in 198
administrative procedures under sections 3111.20 to 3111.29 of 199
the Revised Code. The rules shall include, but are not limited 200
to, provisions relating to the environment in which a blood or 201
buccal cell sample may be drawn, the medical personnel who may
draw a sample, the trained personnel who may perform the genetic 202
comparison, the types of genetic testing that may be performed on 203
a sample, and the procedure for notifying the court of the 204
location at which the sample will be drawn, who will draw the 206
sample, and who will perform the genetic testing on the sample, 207
and any other procedures or standards the director determines are 208
necessary for the implementation of on-site genetic testing. 210
(E) Each child support enforcement agency designated under 212
this section shall enter into written agreements with the courts, 213
the prosecuting attorney, and law enforcement officials of the 214
county it serves, which agreements shall establish cooperative 215
working arrangements and specify areas of responsibility for the 216
enforcement of support among the agency, courts, and officials. 217
The agreements shall provide for the reimbursement of the courts 218
and law enforcement officials for the responsibilities they 219
assume and actions they undertake pursuant to such agreements. 220
(F)(1) A child support enforcement agency shall maintain 223
records of support orders being administered or otherwise handled 224
by the agency pursuant to section 5101.319 of the Revised Code.
(2) Each obligor and each obligee under a support order 226
may review all records maintained under division (F)(1) of this 228
6
section that pertain to the support order and any other
information maintained by the child support enforcement agency, 230
except to the extent prohibited by state or federal law. 231
(G)(1) A court or administrative agency that issues or 234
modifies a support order shall impose a processing charge that is 236
the greater of two per cent of the support payment to be 237
collected under a support order or one dollar per month on the 238
obligor under the support order. The obligor shall pay the 241
amount with every current support payment, and with every payment 242
on arrearages. No court or agency may call the charge a poundage 243
fee.
(2) The board of county commissioners of each county shall 245
budget and appropriate to the child support enforcement agency 246
serving the county all of the following: 247
(a) All federal money payable to the child support 249
enforcement agency on the basis of its success in implementing 251
activities related to child support enforcement under Title IV-D 252
of the Social Security Act; 253
(b) Any funds that may be received from other federal or 255
state sources for the child support enforcement agency;. 256
(3) All moneys received from the federal or state 258
government for reimbursement for support enforcement activities 259
shall be used solely for support enforcement activities. 260
(4) A board of county commissioners may request that the 262
department of job and family services grant a waiver of the 264
requirement that the money specified in division (G)(2)(a) of 265
this section be budgeted and appropriated to the child support 267
enforcement agency if the board can demonstrate, by meeting 268
criteria established by the department, that the child support 269
enforcement agency is effectively using procedures for 270
establishing paternity, meeting the mandated service needs of 271
clients, and complying with all applicable state and federal 272
support rules and regulations.
(5) A child support enforcement agency may invest any of 274
7
the moneys collected pursuant to the performance of its duties 275
under sections 2301.34 to 2301.46 of the Revised Code in a 277
repurchase agreement in which a bank agrees to sell short-term 278
federally guaranteed securities with an obligation of the bank to 279
repurchase the securities. All interest derived pursuant to 280
investments made under this division shall be retained by the 281
child support enforcement agency and used solely for support 282
enforcement activities. 283
(H)(1) Notwithstanding any other section of the Revised 286
Code and except as provided in division (H)(4) of this section, a 288
child support enforcement agency shall collect and disburse all
support amounts under a support order it is administering 290
pursuant to law as it existed prior to January 1, 1998, and shall 293
collect the additional amount imposed under division (G)(1) of 295
this section as it existed prior to January 1, 1998, until the 297
support order is converted to the automated data processing 298
system under section 5101.322 of the Revised Code and the 300
division of child support in the department of job and family 301
services authorizes centralized collection and disbursement of 303
support amounts under the support order pursuant to the rules 304
adopted under division (F)(1) of section 5101.325 of the Revised 306
Code. Once the support order is converted and the division gives 308
the authorization, the support amounts and the additional amount 309
shall be collected, and the support amount shall be disbursed, 310
under the support order according to the provisions of House Bill 311
No. 352 of the 122nd general assembly. 312
(2) Notwithstanding any other section of the Revised Code 315
and except as provided in division (H)(4) of this section, the 316
agency administering the support order shall collect the amounts 317
permitted to be collected, and perform other duties required, 318
with respect to the support order pursuant to division (D)(1) of 319
section 2301.373, division (B)(3)(a) of section 2301.374, 321
divisions (E)(4)(b), (F), and (I) of section 3111.23, division 322
(E) of section 3111.99, divisions (G)(4)(b), (H)(3), and (K) of 325
8
section 3113.21, division (B) of section 3113.212, division (E) 327
of section 3113.99, and division (A)(3) of section 5101.323 of 329
the Revised Code as those sections existed prior to January 1, 332
1998, and the agency shall collect the amounts permitted to be 333
collected by the division, and perform other duties required of 334
the division, with respect to the support order pursuant to 335
division (D)(1)(a) of section 2301.375 and division (D)(2) of 337
section 2301.43 of the Revised Code as those sections are enacted 340
by House Bill No. 352 of the 122nd general assembly, until the 341
support order is converted and authorization for centralized 342
collection and disbursement is given. Once the support order is 343
converted and the authorization is given, the amounts shall be 345
collected, and the duties shall be performed, by the division 346
according to the provisions of House Bill No. 352 of the 122nd 347
general assembly. 348
(3) All support orders shall be converted and all 350
authorizations shall be given by the division prior to July 1, 351
1999.
(4)(a) After conversion occurs and authorization for 354
centralized collection and disbursement is granted pursuant to 355
this section, a child support enforcement agency may continue to 356
collect the following amounts from obligors who pay the amounts 357
in person at the office of the agency:
(i) Current support amounts and arrearages due under a 360
support order being administered by the agency and the additional 361
amount imposed pursuant to division (G)(1) of this section with 362
respect to the order; 363
(ii) Amounts collected pursuant to division (D)(1) of 366
section 2301.373, divisions (B)(3)(a) and (C)(3)(a) of section 368
2301.374, section 2301.375, division (D)(2) of section 2301.43, 370
division (E) of section 3111.99, division (E) of section 3113.99, 373
and division (A)(3) of section 5101.323 of the Revised Code. 375
(b) All amounts collected pursuant to division (H)(4)(a) 378
of this section shall be forwarded to the division no later than 379
9
one day after receipt of the amounts. 380
(5) Amounts collected by a collection agent that has a 382
contract with a child support enforcement agency pursuant to 383
division (C) of this section shall be paid to the division. The 385
agency shall forward any amounts collected pursuant to sections 386
2301.38 and 2301.45 of the Revised Code to the division no NOT 387
later than one day after receipt of those amounts. 388
(I)(1) Subject to division (I)(2) of this section, all 390
support orders that are administered by a child support 391
enforcement agency designated under this section and are eligible 392
for Title IV-D services shall be Title IV-D cases under Title 393
IV-D of the "Social Security Act." Subject to division (I)(2) of 394
this section, all obligees of support orders administered by the 395
child support enforcement agency shall be considered to have 396
filed a signed application for Title IV-D services. 397
(2) A court that issues or modifies a support order shall 400
require the obligee under the order to sign, at the time of the 401
issuance or modification of the order, an application for Title 402
IV-D services and to file, as soon as possible, the signed 403
application with the child support enforcement agency that will 404
administer the order. The application shall be on a form 405
prescribed by the department of job and family services. A 406
support order that is administered by a child support enforcement 408
agency, and that is eligible for Title IV-D services shall be a 409
Title IV-D case under Title IV-D of the "Social Security Act" 410
only upon the filing of the signed application for Title IV-D 411
services.
(3) A child support enforcement agency shall make 413
available an application for Title IV-D services to all persons 414
requesting a child support enforcement agency's assistance in an 415
action under sections 3111.01 to 3111.19 of the Revised Code or 416
in an administrative proceeding brought under sections 3111.20 to 417
3111.29 of the Revised Code. 418
(J)(1) As used in this section, "current support payment" 420
10
means the amount of support due an obligee that an obligor is 421
required to pay in a particular payment for the current month as 422
specified in a support order. "Current support payment" does not 423
include payments on arrearages under the support order. 424
(2) As used in the Revised Code, "child support 426
enforcement agency" means the child support enforcement agency 427
designated under this section prior to October 1, 1997, or a 430
private or government entity designated a child support
enforcement agency under section 307.981 of the Revised Code on 431
or after that date.
Sec. 2307.61. (A) If a property owner brings a civil 441
action pursuant to division (A) of section 2307.60 of the Revised 443
Code to recover damages from any person who willfully damages the 444
owner's property or who commits a theft offense, as defined in 445
section 2913.01 of the Revised Code, involving the owner's 446
property, the property owner may recover as follows: 447
(1) In the civil action, the property owner may elect to 449
recover moneys as described in division (A)(1)(a) or (b) of this 450
section: 451
(a) Compensatory damages that may include, but are not 453
limited to, the value of the property and liquidated damages in 454
whichever of the following amounts applies: 455
(i) Fifty dollars, if the value of the property was fifty 457
dollars or less at the time it was willfully damaged or was the 458
subject of a theft offense; 459
(ii) One hundred dollars, if the value of the property was 461
more than fifty dollars, but not more than one hundred dollars, 462
at the time it was willfully damaged or was the subject of a 463
theft offense; 464
(iii) One hundred fifty dollars, if the value of the 466
property was more than one hundred dollars at the time it was 467
willfully damaged or was the subject of a theft offense. 468
(b) Liquidated damages in whichever of the following 470
amounts is greater: 471
11
(i) Two hundred dollars; 473
(ii) Three times the value of the property at the time it 475
was willfully damaged or was the subject of a theft offense, 476
irrespective of whether the property is recovered by way of 477
replevin or otherwise, is destroyed or otherwise damaged, is 478
modified or otherwise altered, or is resalable at its full market 479
price. THIS DIVISION DOES NOT APPLY TO A CHECK, NEGOTIABLE ORDER 480
OF WITHDRAWAL, SHARE DRAFT, OR OTHER NEGOTIABLE INSTRUMENT THAT 481
WAS RETURNED OR DISHONORED FOR INSUFFICIENT FUNDS BY A FINANCIAL 482
INSTITUTION IF THE CHECK, NEGOTIABLE ORDER OF WITHDRAWAL, SHARE 483
DRAFT, OR OTHER NEGOTIABLE INSTRUMENT WAS PRESENTED BY AN 484
INDIVIDUAL BORROWER TO A CHECK-CASHING BUSINESS LICENSED PURSUANT 485
TO SECTIONS 1315.35 TO 1315.44 OF THE REVISED CODE FOR A
CHECK-CASHING LOAN TRANSACTION. 486
(2) In a civil action in which the value of the property 488
that was willfully damaged or was the subject of a theft offense 489
is less than five thousand dollars, the property owner may 490
recover damages as described in division (A)(1)(a) or (b) of this 491
section and additionally may recover the reasonable 492
administrative costs, if any, of the property owner that were 493
incurred in connection with actions taken pursuant to division 494
(A)(2) of this section, the cost of maintaining the civil action, 495
and reasonable attorney's fees, if all of the following apply: 496
(a) The property owner, at least thirty days prior to the 498
filing of the civil action, serves a written demand for payment 499
of moneys as described in division (A)(1)(a) of this section and 500
the reasonable administrative costs, if any, of the property 501
owner that have been incurred in connection with actions taken 502
pursuant to division (A)(2) of this section, upon the person who 503
willfully damaged the property or committed the theft offense. 504
(b) The demand conforms to the requirements of division 506
(C) of this section and is sent by certified mail, return receipt 507
requested. 508
(c) Either the person who willfully damaged the property 510
12
or committed the theft offense does not make payment to the 511
property owner of the amount specified in the demand within 512
thirty days after the date of its service upon that person and 514
does not enter into an agreement with the property owner during 515
that thirty-day period for that payment or the person who 516
willfully damaged the property or committed the theft offense 517
enters into an agreement with the property owner during that 518
thirty-day period for that payment but does not make that payment 519
in accordance with the agreement. 520
(B) If a property owner who brings a civil action pursuant 522
to division (A) of section 2307.60 of the Revised Code to recover 524
damages for willful damage to property or for a theft offense 525
attempts to collect the reasonable administrative costs, if any, 526
of the property owner that have been incurred in connection with 527
actions taken pursuant to division (A)(2) of this section, the 528
cost of maintaining the civil action, and reasonable attorney's 529
fees under authority of that division and if the defendant 530
prevails in the civil action, the defendant may recover from the 531
property owner reasonable attorney's fees, the cost of defending 532
the civil action, and any compensatory damages that may be 533
proven.
(C) For purposes of division (A)(2) of this section, a 535
written demand for payment shall include a conspicuous notice to 536
the person upon whom the demand is to be served that indicates 537
all of the following: 538
(1) The willful property damage or theft offense that the 540
person allegedly committed; 541
(2) That, if the person makes payment of the amount 543
specified in the demand within thirty days after its service upon 544
the person or enters into an agreement with the property owner 546
during that thirty-day period for that payment and makes that 547
payment in accordance with the agreement, the person cannot be 548
sued by the property owner in a civil action in relation to the 549
willful property damage or theft offense; 550
13
(3) That, if the person fails to make payment of the 552
amount specified in the demand within thirty days after the date 553
of its service upon the person and fails to enter into an 554
agreement for that payment with the property owner during that 555
thirty-day period or enters into an agreement for that payment 556
with the property owner during that thirty-day period but does 557
not make that payment in accordance with the agreement, the 558
person may be sued in a civil action in relation to the willful 559
property damage or theft offense;
(4) The potential judgment that the person may be required 561
to pay if the person is sued in a civil action in relation to the 562
willful property damage or theft offense and judgment is rendered 563
against the person in that civil action; 564
(5) That, if the person is sued in a civil action by the 566
property owner in relation to the willful property damage or 567
theft offense, if the civil action requests that the person be 568
required to pay the reasonable administrative costs, if any, of 570
the property owner that have been incurred in connection with 571
actions taken pursuant to division (A)(2) of this section, the 572
cost of maintaining the action, and reasonable attorney's fees, 573
and if the person prevails in the civil action, the person may 575
recover from the property owner reasonable attorney's fees, the 576
cost of defending the action, and any compensatory damages that 577
can be proved.
(D) If a property owner whose property was willfully 579
damaged or was the subject of a theft offense serves a written 580
demand for payment upon a person who willfully damaged the 581
property or committed the theft offense and if the person makes 582
payment of the amount specified in the demand within thirty days 583
after the date of its service upon the person or the person 584
enters into an agreement with the property owner during that 585
thirty-day period for that payment and makes payment in 586
accordance with the agreement, the property owner shall not file 587
a civil action against the person in relation to the willful 588
14
property damage or theft offense. 589
(E) If a property owner whose property was willfully 591
damaged or was the subject of a theft offense serves a written 592
demand for payment upon a person who willfully damaged the 593
property or committed the theft offense and if the person, within 594
thirty days after the date of service of the demand upon the 595
person, enters into an agreement with the property owner for the 596
payment of the amount specified in the demand but does not make 597
that payment in accordance with the agreement, the time between 598
the entering of the agreement and the failure to make that 599
payment shall not be computed as any part of the period within 600
which a civil action based on the willful property damage or 601
theft offense must be brought under the Revised Code. 602
(F) A civil action to recover damages for willful property 604
damage or for a theft offense may be joined with a civil action 605
that is brought pursuant to Chapter 2737. of the Revised Code to 606
recover the property. If the two actions are joined, any 607
compensatory damages recoverable by the property owner shall be 608
limited to the value of the property. 609
(G)(1) In a civil action to recover damages for willful 611
property damage or for a theft offense, the trier of fact may 612
determine that an owner's property was willfully damaged or that 613
a theft offense involving the owner's property has been 614
committed, whether or not any person has pleaded guilty to or has 615
been convicted of any criminal offense or has been adjudicated a 616
delinquent child in relation to any act involving the owner's 617
property. 618
(2) This section does not affect the prosecution of any 620
criminal action or proceeding or any action to obtain a 621
delinquent child adjudication in connection with willful property 622
damage or a theft offense. 623
(H) As used in this section: 625
(1) "Administrative costs" includes the costs of written 627
demands for payment and associated postage under division (A)(2) 628
15
of this section. 629
(2) "Value of the property" means one of the following: 631
(a) The retail value of any property that is offered for 633
sale by a mercantile establishment, irrespective of whether the 634
property is destroyed or otherwise damaged, is modified or 635
otherwise altered, or otherwise is not resalable at its full 636
market price; 637
(b) The face value of any check or other negotiable 639
instrument that is not honored due to insufficient funds in the 640
drawer's account, the absence of any drawer's account, or another 641
reason, and all charges imposed by a bank, savings and loan 642
association, credit union, or other financial institution upon 643
the holder of the check or other negotiable instrument; 644
(c) The replacement value of any property not described in 646
division (H)(1) or (2) of this section. 647
Sec. 2335.19. (A) On the rendition of judgment, in any 656
cause IN ANY COURT, the costs of the party recovering, together 658
with his THE PARTY'S debt or damages, shall be carried into his 659
THE PARTY'S judgment, and the costs of the party against whom 660
such THAT judgment is rendered shall be separately stated in the 662
record or docket entry. No party in whose favor judgment for 663
costs is rendered in a cause, may release, satisfy, or discharge, 665
in whole, or in part, any of such THOSE costs, unless they have 666
been THAT PARTY previously HAS paid by him THOSE COSTS to the 667
clerk of the court, or UNLESS THOSE COSTS have been paid to the 669
person entitled thereto, TO THOSE COSTS or have been legally 670
assigned or transferred to such THAT party by the persons in 672
whose names such THOSE costs stand taxed upon the record or 673
docket. 674
(B) AN ENTRY OF JUDGMENT THAT INCLUDES A GRANT OF JUDGMENT 677
FOR COSTS IS AN ORDER THAT AUTHORIZES THE CLERK OF THE COURT, IN 678
ACCORDANCE WITH DIVISION (C) OF THIS SECTION, TO ISSUE A 679
CERTIFICATE OF JUDGMENT FOR ALL COSTS, INCLUDING THE TOTAL COST 680
OF COLLECTION OF AND ANY INTEREST DUE ON THE JUDGMENT FOR COSTS, 681
16
AGAINST THE PERSON WHO IS LIABLE FOR THE PAYMENT OF THOSE COSTS. 683
(C) THE CLERK OF A COURT WHO WISHES TO ISSUE A CERTIFICATE 686
OF JUDGMENT FOR COSTS PURSUANT TO A JUDGMENT FOR COSTS SHALL 687
PROVIDE AN ITEMIZED BILL OF FEES AND COSTS, INCLUDING THE TOTAL 688
COST OF COLLECTION OF AND ANY INTEREST DUE ON THE JUDGMENT FOR 689
COSTS, TO THE PERSON WHO IS LIABLE FOR COSTS UNDER THE JUDGMENT,
EITHER UPON THE REQUEST OF THE PERSON AS SPECIFIED IN SECTION 690
2335.32 OF THE REVISED CODE OR WITHOUT A REQUEST. IF THE PERSON 693
DOES NOT PAY THE FEES AND COSTS WITHIN THIRTY DAYS AFTER THE
CLERK PROVIDES THE ITEMIZED BILL, THE CLERK SHALL SEND THE PERSON 695
A NOTICE REQUESTING PAYMENT OF THE FEES AND COSTS AS STATED IN 696
THE ITEMIZED BILL. IF THE PERSON DOES NOT RESPOND TO THE NOTICE 697
WITH THE FULL PAYMENT OF THE FEES AND COSTS WITHIN THIRTY DAYS,
THE CLERK SHALL SEND THE PERSON A SECOND NOTICE REQUESTING 699
PAYMENT OF THE FEES AND COSTS. IF NINETY DAYS ELAPSE FROM THE 700
DATE THAT THE CLERK PROVIDES THE ITEMIZED BILL AND IF THE PERSON 701
HAS NOT PAID THE FULL AMOUNT OF THE FEES AND COSTS PURSUANT TO 702
THE ITEMIZED BILL AND THE NOTICES, THE CLERK MAY ISSUE A 703
CERTIFICATE OF JUDGMENT FOR COSTS AGAINST THE PERSON FOR THE FEES 704
AND COSTS.
Sec. 2335.24. (A) In all causes in any court, except as 713
otherwise provided in section 2969.23 of the Revised Code, costs 715
taxed and entered as provided by section SECTIONS 2335.18 to 716
2335.23 of the Revised Code may be collected by the process 717
provided by those sections.
(B)(1) THE CLERK OF A COURT MAY ENTER INTO CONTRACTS WITH 719
ONE OR MORE PUBLIC AGENCIES OR PRIVATE VENDORS FOR THE COLLECTION 721
OF AMOUNTS DUE UNDER JUDGMENTS FOR COSTS. THE AMOUNTS MAY 722
INCLUDE ANY INTEREST THAT ALSO IS DUE ON A JUDGMENT FOR COSTS. 724
BEFORE ENTERING INTO OR RENEWING A CONTRACT OF THAT NATURE, THE
CLERK OF A COURT SHALL DO ALL OF THE FOLLOWING: 726
(a) COMPLY WITH THE PROVISIONS OF SECTIONS 307.86 TO 729
307.92 OF THE REVISED CODE THAT PERTAIN TO REQUIRED COMPETITIVE 730
BIDDING. FOR PURPOSES OF COMPLYING WITH THOSE SECTIONS, THE 731
17
CLERK OF THE COURT SHALL BE CONSIDERED THE CONTRACTING AUTHORITY. 732
(b) OBTAIN THE APPROVAL OF THE TERMS OF THE CONTRACT BY 734
THE LEGISLATIVE AUTHORITY ASSOCIATED WITH THE COURT. 735
(2) AS USED IN DIVISION (B) OF THIS SECTION, "LEGISLATIVE 737
AUTHORITY" HAS THE SAME MEANING AS IN DIVISION (B) OF SECTION 738
1901.03 OF THE REVISED CODE, IF THE CLERK OF THE COURT INVOLVED 740
IS THE CLERK OF A MUNICIPAL COURT, AND MEANS A BOARD OF COUNTY 741
COMMISSIONERS, IF THE CLERK OF THE COURT INVOLVED IS THE CLERK OF 742
A COUNTY COURT OR A COURT OF COMMON PLEAS. 743
Sec. 2716.02. (A) Any person seeking an order of 752
garnishment of personal earnings, after obtaining a judgment, 753
shall make the following demand in writing for the excess of the 754
amount of the judgment over the amount of personal earnings 755
exempt from execution, garnishment, attachment, or sale to 756
satisfy a judgment or order, or for so much of the excess as will 758
satisfy the judgment. The demand shall be made after the 759
judgment is obtained and at least fifteen days and not more than 760
forty-five days before the order is sought by delivering it to 761
the judgment debtor by personal service by the court, by sending 762
it to the judgment debtor by certified mail, return receipt 763
requested, or by sending it to the judgment debtor by regular 764
mail evidenced by a properly completed and stamped certificate of 765
mailing by regular mail, addressed to the judgment debtor's last 766
known place of residence.
The demand shall be made as follows IN SUBSTANTIALLY THE 768
FOLLOWING FORM: 769
"NOTICE OF COURT PROCEEDING TO COLLECT DEBT 771
Date of mailing or date of service by the court ................. 773
To: ..................................................... 775
(Name of Judgment Debtor) 776
......................................................... 777
(Last Known Residence Address of Judgment Debtor) 778
You owe the undersigned ................................. 779
(Name of Judgment Creditor) 780
18
$................., including interest and court costs, for which 783
a judgment was obtained against you or certified in the
.................. court on ........................., payment of 785
which is hereby demanded.
If you do not do one of the three things listed below 787
within fifteen days of the date of the mailing of this notice or 788
of its service by the court, we will go to court, unless we are 789
otherwise precluded by law from doing so, and ask that your 790
employer be ordered to withhold money from your earnings until 791
the judgment is paid in full or, if applicable, is paid to a 792
certain extent and to pay the withheld money to the court in 793
satisfaction of your debt. This is called garnishment of 795
personal earnings.
It is to your advantage to avoid garnishment of personal 797
earnings because the placing of the extra burden on your employer 798
possibly could cause you to lose your job. 799
YOU CAN AVOID THE GARNISHMENT BY DOING ONE OF THESE THREE 801
THINGS WITHIN THE FIFTEEN-DAY PERIOD: 802
(1) Pay to us the amount due; 804
(2) Complete the attached form entitled "Payment to Avoid 806
Garnishment" and return it to us with the payment, if any, shown 807
due on it; or 808
(3) Apply to your local municipal or county court or, if 810
you are not a resident of Ohio, to the municipal or county court 811
in whose jurisdiction your place of employment is located, for 812
the appointment of a trustee to receive the part of your earnings 813
that is not exempt from garnishment, and notify us that you have 814
applied for the appointment of a trustee. You will be required 815
to list your creditors, the amounts of their claims, and the 816
amounts due on their claims, and the amount you then will pay to 818
your trustee each payday will be divided among them until the 819
debts are paid off. This can be to your advantage because in the 820
meantime none of those creditors can garnish your wages. 821
You also may contact a budget and debt counseling service 824
19
described in division (D) of section 2716.03 of the Revised Code
for the purpose of entering into an agreement for debt 825
scheduling. There may not be enough time to set up an agreement 827
for debt scheduling in order to avoid a garnishment of your wages 828
based upon this demand for payment, but entering into an 829
agreement for debt scheduling might protect you from future 830
garnishments of your wages. Under an agreement for debt 831
scheduling, you will have to regularly pay a portion of your 833
income to the service until the debts subject to the agreement 834
are paid off. This portion of your income will be paid by the 835
service to your creditors who are owed debts subject to the 836
agreement. This can be to your advantage because these creditors 837
cannot garnish your wages while you make your payments to the 838
service on time.
................................... 840
(Name of Judgment Creditor) 841
................................... 842
(Signature of Judgment Creditor OR 843
JUDGMENT CREDITOR'S ATTORNEY) 844
................................... 845
................................... 846
................................... 847
(Address of Judgment Creditor) 848
PAYMENT TO AVOID GARNISHMENT 850
To: ................................................. 852
(Name of Judgment Creditor) 853
................................................. 854
................................................. 855
(Address of Judgment Creditor) 856
To avoid the garnishment of personal earnings of which you 858
have given me notice, I enclose $ ............... to apply toward 859
my indebtedness to you. The amount of the payment was computed 860
as follows: 861
1. Total amount of indebtedness demanded: (1) 864
20
$..............
2. Enter the amount of your personal earnings, after 866
deductions required by law, earned by you during the current pay 868
period (that is, the pay period in which this demand is received 869
by you): (2) $.............. 870
3. (A) Enter your PAY period (weekly, biweekly, 872
semimonthly, monthly): (3)(A) ............... 874
(B) ENTER THE DATE WHEN YOUR PRESENT PAY PERIOD ENDS: 877
(3)(B) ............... 877
4. Enter an amount equal to 25% of the amount on line (2): 879
(4) $.............. 880
5. (A) The current federal minimum hourly wage is 882
.......... (to be filled in by Judgment Creditor) 883
(You should use the above figure to complete this portion 885
of the form.) If you are paid weekly, enter thirty times the 886
current federal minimum hourly wage; if paid biweekly, enter 888
sixty times the current federal minimum hourly wage; if paid 889
semimonthly, enter sixty-five times the current federal minimum 891
hourly wage; if paid monthly, enter one hundred thirty times the 892
current federal minimum hourly wage: 5(A) $.............. 894
(B) Enter the amount by which the amount on line (2) 896
exceeds the amount on line 5(A): 5(B) $.............. 898
6. Enter the smallest of the amounts on line (1), (4), or 901
5(B). Send this amount to the judgment creditor along with this 902
form after you have signed it: (6) $.............. 904
I certify that the statements contained above are true to 906
the best of my knowledge and belief. 907
................................... 909
(Signature of Judgment Debtor) 910
................................... 911
................................... 912
................................... 913
(Print Name and Residence Address 914
of Judgment Debtor) 915
21
(TO VERIFY THAT THE AMOUNT SHOWN ON LINE (2) IS A TRUE 918
STATEMENT OF YOUR EARNINGS, YOU MUST EITHER HAVE YOUR EMPLOYER 919
CERTIFY BELOW THAT THE AMOUNT SHOWN ON LINE (2) IS A TRUE 920
STATEMENT OF YOUR EARNINGS OR YOU MAY SUBMIT COPIES OF YOUR PAY 921
STUBS FOR THE TWO PAY PERIODS IMMEDIATELY PRIOR TO YOUR RECEIVING 922
THIS NOTICE.)
I certify that the amount shown on line (2) is a true 924
statement of the judgment debtor's earnings. 925
................................... 927
(Print Name of Employer) 928
................................... 929
(Signature of Employer or Agent) 930
I CERTIFY THAT I HAVE ATTACHED COPIES OF MY PAY STUBS FOR 933
THE TWO PAY PERIODS IMMEDIATELY PRIOR TO MY RECEIVING THIS 934
NOTICE.
................................... 936
(SIGNATURE OF JUDGMENT DEBTOR)" 938
(B) IF A JUDGMENT DEBTOR PROPERLY COMPLETES A PAYMENT TO 941
AVOID GARNISHMENT AND RETURNS IT WITH THE REQUIRED FUNDS TO THE 942
JUDGMENT CREDITOR OR THE JUDGMENT CREDITOR'S ATTORNEY, THE 943
JUDGMENT CREDITOR OR THE JUDGMENT CREDITOR'S ATTORNEY WHO ISSUED 944
THE NOTICE OF COURT PROCEEDING TO COLLECT DEBT MAY NOT ISSUE 945
ANOTHER NOTICE OF COURT PROCEEDING TO COLLECT DEBT TO THE
JUDGMENT DEBTOR UNTIL THE EXPIRATION DATE OF THE JUDGMENT 946
DEBTOR'S PRESENT PAY PERIOD THAT IS SET FORTH BY THE JUDGMENT 947
DEBTOR AND THE JUDGMENT DEBTOR'S EMPLOYER IN THE ANSWER TO (3)(B) 948
IN THE PAYMENT TO AVOID GARNISHMENT.
(C) IF AN ORDER OF GARNISHMENT OF PERSONAL EARNINGS ISSUED 950
PURSUANT TO THIS CHAPTER HAS NOT BEEN PAID IN FULL WHEN IT CEASES 951
TO REMAIN IN EFFECT BECAUSE OF THE OPERATION OF DIVISION (C)(1) 952
OF SECTION 2716.041 OF THE REVISED CODE, THE GARNISHEE'S DUTIES 953
UNDER THE ORDER OF GARNISHMENT ARE COMPLETE WITH THE FILING OF 954
THE FINAL REPORT AND ANSWER OF THE GARNISHEE. THE JUDGMENT 955
CREDITOR MUST INSTITUTE NEW GARNISHMENT PROCEEDINGS IF THE
22
JUDGMENT CREDITOR WANTS AN ADDITIONAL GARNISHMENT. 956
Sec. 2716.031. (A) THE JUDGMENT CREDITOR OR JUDGMENT 958
CREDITOR'S ATTORNEY SHALL FILE WITH THE COURT, THE GARNISHEE, AND 959
THE JUDGMENT DEBTOR AN AFFIDAVIT OF CURRENT BALANCE DUE ON 960
GARNISHMENT ORDER THAT CONTAINS THE CURRENT BALANCE DUE ON THE 961
ORDER. THE JUDGMENT CREDITOR OR ATTORNEY SHALL FILE THE 962
AFFIDAVIT ON AN ANNUAL BASIS. 963
(B) AT ANY TIME AFTER THE FILING OF THE ORIGINAL AFFIDAVIT 965
OF GARNISHMENT, THE JUDGMENT CREDITOR OR THE JUDGMENT CREDITOR'S 966
ATTORNEY MAY FILE WITH THE COURT, THE GARNISHEE, AND THE JUDGMENT 967
DEBTOR AN AFFIDAVIT OF CURRENT BALANCE DUE ON GARNISHMENT ORDER 968
THAT CONTAINS THE CURRENT BALANCE DUE ON THE ORDER. 969
(C) AN AFFIDAVIT OF CURRENT BALANCE DUE ON GARNISHMENT 971
ORDER SHALL CONTAIN THE NAME OF THE COURT ISSUING THE ORDER, THE 972
CASE NUMBER, THE CAPTION OF THE CASE, THE ORIGINAL AMOUNT OF THE 974
JUDGMENT THAT IS THE BASIS OF THE ORDER, THE ACCRUED INTEREST TO 975
DATE, THE COURT COSTS ASSESSED TO DATE, ALL MONEYS PAID TO THE 977
JUDGMENT CREDITOR AND THE JUDGMENT CREDITOR'S ATTORNEY ON THE 978
JUDGMENT TO DATE, THE CURRENT BALANCE DUE, THE NAME AND ADDRESS 979
OF THE JUDGMENT CREDITOR AND THE JUDGMENT CREDITOR'S ATTORNEY, 980
AND THE DATE OF THE AFFIDAVIT. THE JUDGMENT CREDITOR OR JUDGMENT 981
CREDITOR'S ATTORNEY SHALL SERVE THE AFFIDAVIT UPON THE JUDGMENT 982
DEBTOR BY PERSONALLY DELIVERING IT TO THE JUDGMENT DEBTOR BY 983
PERSONAL SERVICE, BY SENDING IT TO THE JUDGMENT DEBTOR BY 984
CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR BY SENDING IT TO THE 985
JUDGMENT DEBTOR BY REGULAR MAIL EVIDENCED BY A PROPERLY COMPLETED 986
AND STAMPED CERTIFICATE OF MAILING BY REGULAR MAIL, ADDRESSED TO 987
THE JUDGMENT DEBTOR'S LAST KNOWN PLACE OF RESIDENCE. A 988
CERTIFICATE OF SERVICE UPON THE JUDGMENT DEBTOR SHALL BE ATTACHED 990
TO EACH AFFIDAVIT OF CURRENT BALANCE DUE ON GARNISHMENT ORDER. 991
(D) COURT COSTS SHALL NOT BE ASSESSED FOR FILING THE 993
AFFIDAVIT OF CURRENT BALANCE DUE ON GARNISHMENT ORDER WITH THE 994
COURT.
(E)(1) WHEN A JUDGMENT CREDITOR OR A JUDGMENT CREDITOR'S 996
23
ATTORNEY ISSUES AN AFFIDAVIT OF CURRENT BALANCE DUE ON 997
GARNISHMENT ORDER IN ACCORDANCE WITH DIVISION (A) OF THIS 999
SECTION, THE JUDGMENT CREDITOR OR THE JUDGMENT CREDITOR'S
ATTORNEY SHALL COMPLY WITH DIVISION (E) OF THIS SECTION AND SERVE 1,000
THE NOTICE AND REQUEST FOR HEARING UPON THE JUDGMENT DEBTOR IN 1,002
ACCORDANCE WITH DIVISION (E) OF THIS SECTION.
(2)(a) THE NOTICE TO THE JUDGMENT DEBTOR THAT THE JUDGMENT 1,004
CREDITOR OR THE JUDGMENT CREDITOR'S ATTORNEY IS REQUIRED TO SERVE 1,005
ON AND DELIVER TO THE JUDGMENT DEBTOR SHALL BE IN SUBSTANTIALLY 1,006
THE FOLLOWING FORM: 1,007
"(NAME AND ADDRESS OF THE COURT) 1,009
(CASE CAPTION) CASE NO. ..................... 1,012
NOTICE TO THE JUDGMENT DEBTOR 1,014
YOU ARE HEREBY NOTIFIED THAT THE JUDGMENT CREDITOR IN THIS 1,016
PROCEEDING HAS ISSUED AN AFFIDAVIT OF CURRENT BALANCE DUE ON 1,017
GARNISHMENT ORDER IN THE ABOVE CASE. THE DOCUMENT ENTITLED 1,020
"AFFIDAVIT OF CURRENT BALANCE DUE ON GARNISHMENT ORDER" THAT IS 1,021
ENCLOSED WITH THIS NOTICE SHOWS THE ORIGINAL AMOUNT OF THE
JUDGMENT THAT WAS THE BASIS OF THE GARNISHMENT ORDER, THE ACCRUED 1,022
INTEREST TO DATE, THE COURT COSTS ASSESSED TO DATE, ALL MONEYS 1,023
PAID TO THE JUDGMENT CREDITOR AND THE JUDGMENT CREDITOR'S 1,024
ATTORNEY ON THE JUDGMENT TO DATE, AND THE CURRENT BALANCE DUE ON 1,025
THE JUDGMENT. 1,026
IF YOU DISPUTE THE JUDGMENT CREDITOR'S DETERMINATION OF 1,028
THESE AMOUNTS OR IF YOU BELIEVE THAT THIS AFFIDAVIT IS IMPROPER 1,029
FOR ANY OTHER REASON, YOU MAY REQUEST A HEARING BEFORE THIS COURT 1,030
BY DISPUTING THE AFFIDAVIT IN THE REQUEST FOR HEARING FORM, 1,031
APPEARING BELOW, OR IN A SUBSTANTIALLY SIMILAR FORM, AND 1,032
DELIVERING THE REQUEST FOR HEARING TO THIS COURT AT THE ABOVE 1,033
ADDRESS, AT THE OFFICE OF THE CLERK OF THIS COURT, NO LATER THAN 1,034
THE END OF THE FIFTH BUSINESS DAY AFTER YOU RECEIVE THIS NOTICE. 1,035
YOU MAY STATE YOUR REASONS FOR DISPUTING THE JUDGMENT CREDITOR'S 1,036
DETERMINATION OF THE AMOUNTS SHOWN IN THE "AFFIDAVIT OF CURRENT 1,037
BALANCE DUE ON GARNISHMENT ORDER" IN THE SPACE PROVIDED ON THE 1,038
24
FORM; HOWEVER, YOU ARE NOT REQUIRED TO DO SO. IF YOU DO STATE 1,039
YOUR REASONS FOR DISPUTING THE JUDGMENT CREDITOR'S DETERMINATION, 1,040
YOU ARE NOT PROHIBITED FROM STATING ANY OTHER REASON AT THE 1,041
HEARING. IF YOU DO NOT STATE YOUR REASONS, IT WILL NOT BE HELD 1,042
AGAINST YOU BY THE COURT, AND YOU CAN STATE YOUR REASONS AT THE 1,043
HEARING. NO OBJECTIONS TO THE JUDGMENT ITSELF WILL BE HEARD OR 1,044
CONSIDERED AT THE HEARING. THE HEARING WILL BE LIMITED TO A 1,045
CONSIDERATION OF THE AMOUNT CURRENTLY DUE ON THE JUDGMENT YOU OWE 1,046
TO THE JUDGMENT CREDITOR.
IF YOU REQUEST A HEARING BY DELIVERING YOUR REQUEST FOR 1,048
HEARING NOT LATER THAN THE END OF THE FIFTH BUSINESS DAY AFTER 1,049
YOU RECEIVE THIS NOTICE, THE COURT WILL CONDUCT THE HEARING NO 1,050
LATER THAN TWELVE DAYS AFTER YOUR REQUEST IS RECEIVED BY THE 1,052
COURT, AND THE COURT WILL SEND YOU NOTICE OF THE DATE, TIME, AND 1,053
PLACE. YOU MAY INDICATE IN THE FORM THAT YOU BELIEVE THAT THE 1,054
NEED FOR THE HEARING IS AN EMERGENCY AND THAT IT SHOULD BE GIVEN 1,055
PRIORITY BY THE COURT. IF YOU DO SO, THE COURT WILL SCHEDULE THE 1,056
HEARING AS SOON AS PRACTICABLE AFTER YOUR REQUEST IS RECEIVED AND 1,057
WILL SEND YOU NOTICE OF THE DATE, TIME, AND PLACE. IF YOU DO NOT 1,058
REQUEST A HEARING BY DELIVERING YOUR REQUEST FOR HEARING NOT 1,059
LATER THAN THE END OF THE FIFTH BUSINESS DAY AFTER YOU RECEIVE 1,060
THIS NOTICE, SOME OF YOUR PERSONAL EARNINGS WILL CONTINUE TO BE 1,061
PAID TO THE JUDGMENT CREDITOR UNTIL THE JUDGMENT IS SATISFIED. 1,062
IF YOU HAVE ANY QUESTIONS CONCERNING THIS MATTER, YOU MAY 1,064
CONTACT THE OFFICE OF THE CLERK OF THIS COURT. IF YOU WANT LEGAL 1,065
REPRESENTATION, YOU SHOULD CONTACT YOUR LAWYER IMMEDIATELY. IF 1,066
YOU NEED THE NAME OF A LAWYER, YOU SHOULD CONTACT THE LOCAL BAR 1,067
ASSOCIATION.
................................... 1,070
JUDGMENT CREDITOR OR JUDGMENT 1,072
CREDITOR'S ATTORNEY
................................... 1,073
DATE" 1,074
(b) THE REQUEST FOR HEARING FORM THAT THE JUDGMENT 1,076
25
CREDITOR OR THE JUDGMENT CREDITOR'S ATTORNEY IS REQUIRED TO SERVE 1,077
ON AND DELIVER TO THE JUDGMENT DEBTOR SHALL HAVE ATTACHED TO IT A 1,078
POSTAGE-PAID, SELF-ADDRESSED ENVELOPE OR SHALL BE ON A 1,080
POSTAGE-PAID, SELF-ADDRESSED POSTCARD, AND SHALL BE IN 1,081
SUBSTANTIALLY THE FOLLOWING FORM: 1,082
"(NAME AND ADDRESS OF COURT) 1,084
CASE NUMBER .......... DATE ........... 1,087
REQUEST FOR HEARING 1,088
I DISPUTE THE JUDGMENT CREDITOR'S DETERMINATION OF CURRENT 1,090
BALANCE DUE ON GARNISHMENT ORDER IN THE ABOVE CASE AND REQUEST 1,091
THAT A HEARING IN THIS MATTER BE HELD NOT LATER THAN TWELVE DAYS 1,092
AFTER DELIVERY OF THIS REQUEST TO THE COURT. 1,093
I ......................... BELIEVE THAT THE NEED FOR 1,095
(INSERT "DO" OR "DO NOT") 1,097
THE HEARING IS AN EMERGENCY. 1,098
I DISPUTE THE JUDGMENT CREDITOR'S DETERMINATION FOR THE 1,100
FOLLOWING REASONS: 1,101
................................................................. 1,103
(OPTIONAL) 1,104
................................................................. 1,106
................................................................. 1,108
I UNDERSTAND THAT NO OBJECTIONS TO THE JUDGMENT ITSELF WILL 1,110
BE CONSIDERED AT THE HEARING. 1,111
................................... 1,114
(NAME OF JUDGMENT DEBTOR) 1,116
................................... 1,117
(SIGNATURE) 1,118
................................... 1,119
DATE 1,120
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR 1,123
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE 1,124
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT 1,125
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING, AND SOME OF YOUR 1,126
PERSONAL EARNINGS WILL CONTINUE TO BE PAID TO (JUDGMENT 1,127
26
CREDITOR'S NAME) IN SATISFACTION OF YOUR DEBT TO THE JUDGMENT 1,128
CREDITOR."
(F) THE JUDGMENT DEBTOR MAY RECEIVE A HEARING IN 1,130
ACCORDANCE WITH THIS DIVISION BY DELIVERING A WRITTEN REQUEST FOR 1,131
A HEARING TO THE CLERK OF THE COURT WITHIN FIVE BUSINESS DAYS 1,133
AFTER RECEIPT OF THE NOTICE PROVIDED PURSUANT TO DIVISION (E) OF 1,134
THIS SECTION. THE REQUEST MAY SET FORTH THE JUDGMENT DEBTOR'S 1,135
REASONS FOR DISPUTING THE JUDGMENT CREDITOR'S DETERMINATION OF 1,136
THE CURRENT BALANCE DUE ON GARNISHMENT ORDER; HOWEVER, NEITHER 1,137
THE JUDGMENT DEBTOR'S INCLUSION OF NOR THE JUDGMENT DEBTOR'S 1,138
FAILURE TO INCLUDE THOSE REASONS UPON THE REQUEST CONSTITUTES A 1,139
WAIVER OF ANY DEFENSE OF THE JUDGMENT DEBTOR OR AFFECTS THE 1,140
JUDGMENT DEBTOR'S RIGHT TO PRODUCE EVIDENCE AT THE HEARING. IF 1,141
THE REQUEST IS MADE BY THE JUDGMENT DEBTOR WITHIN THE PRESCRIBED 1,142
TIME, THE COURT SHALL SCHEDULE A HEARING NO LATER THAN TWELVE 1,143
DAYS AFTER THE REQUEST IS MADE, UNLESS THE JUDGMENT DEBTOR
INDICATED THAT THE JUDGMENT DEBTOR BELIEVED THE NEED FOR THE 1,144
HEARING WAS AN EMERGENCY, IN WHICH CASE THE COURT SHALL SCHEDULE 1,145
THE HEARING AS SOON AS PRACTICABLE AFTER THE REQUEST IS MADE. 1,146
THE COURT SHALL SEND NOTICE OF THE DATE, TIME, AND PLACE OF THE 1,148
HEARING TO THE PARTIES IN ACCORDANCE WITH DIVISION (H) OF THIS 1,149
SECTION. THE HEARING SHALL BE LIMITED TO A CONSIDERATION OF THE 1,150
AMOUNT OF THE CURRENT BALANCE DUE ON THE GARNISHMENT ORDER, IF 1,151
ANY.
(G) IF THE JUDGMENT DEBTOR DOES NOT REQUEST A HEARING 1,153
WITHIN THE PRESCRIBED TIME PURSUANT TO DIVISION (F) OF THIS 1,154
SECTION, THE GARNISHEE SHALL CONTINUE TO PAY SOME OF THE JUDGMENT 1,155
DEBTOR'S PERSONAL DISPOSABLE EARNINGS INTO COURT. IF A HEARING 1,156
IS CONDUCTED, THE COURT SHALL DETERMINE AT THE HEARING THE AMOUNT 1,157
OWED BY THE JUDGMENT DEBTOR TO THE JUDGMENT CREDITOR AND ISSUE AN 1,158
ORDER, ACCORDINGLY, TO THE GARNISHEE TO PAY THAT AMOUNT, 1,159
CALCULATED EACH PAY PERIOD AT THE STATUTORY PERCENTAGE, OF THE 1,160
PERSONAL DISPOSABLE EARNINGS INTO COURT. IF THE COURT DETERMINES 1,161
THAT THE JUDGMENT DEBTOR HAS OVERPAID ON THE JUDGMENT, THE COURT 1,162
27
SHALL ISSUE AN ORDER TO THE JUDGMENT CREDITOR TO PAY THAT AMOUNT 1,163
TO THE JUDGMENT DEBTOR AND ISSUE AN ORDER TERMINATING THE 1,164
GARNISHMENT. IF THE COURT DETERMINES THAT THE JUDGMENT IS 1,165
SATISFIED, THEN THE COURT SHALL ISSUE AN ORDER TERMINATING THE 1,166
GARNISHMENT.
(H) IF THE JUDGMENT DEBTOR REQUESTS A HEARING WITHIN THE 1,168
PRESCRIBED TIME PURSUANT TO DIVISION (F) OF THIS SECTION, THE 1,169
CLERK SHALL SEND A NOTICE OF THE DATE, TIME, AND PLACE OF THE 1,170
HEARING BY REGULAR MAIL TO THE JUDGMENT CREDITOR OR THE JUDGMENT 1,171
CREDITOR'S ATTORNEY AND THE JUDGMENT DEBTOR. 1,172
Sec. 2716.04. The affidavit required by section 2716.03 of 1,181
the Revised Code in a proceeding for garnishment of personal 1,182
earnings shall be accompanied by the return receipt requested for 1,183
the written demand made pursuant to section 2716.02 of the 1,184
Revised Code, the unclaimed letter, or a photographic or other
direct image copy of the receipt or letter if the demand was sent 1,185
by certified mail, return receipt requested; by proof of service 1,187
by the court of the demand; or by a properly completed and
stamped certificate of mailing by regular mail, a photographic or 1,188
other direct image copy of the demand, and a sworn statement that 1,189
it was sent by regular mail. The affidavit also shall be 1,190
accompanied by ten dollars as the garnishee's fee for compliance 1,192
with the order, and that fee shall be charged as court costs. 1,193
THE CLERK SHALL SERVE A COPY OF THE AFFIDAVIT ON THE GARNISHEE. 1,194
Sec. 2716.041. (A) When a municipal court, county court, 1,204
or court of common pleas issues an order of garnishment of 1,205
personal earnings following a judgment creditor's filing of an 1,206
affidavit in accordance with section 2716.03 of the Revised Code 1,208
and the judgment creditor's compliance with section 2716.04 of 1,209
the Revised Code, the order shall operate in the manner described 1,212
in this section, be served upon the garnishee in accordance with 1,213
section 2716.05 of the Revised Code, be answered by the garnishee 1,216
in accordance with division (F)(E) of this section and sections 1,218
2716.05 and 2716.21 of the Revised Code, and be served upon the 1,220
28
judgment debtor in accordance with section 2716.06 of the Revised 1,222
Code. 1,223
(B) Except as otherwise provided in this section, an order 1,226
of garnishment of personal earnings shall be a continuous order 1,227
that requires the garnishee to withhold a specified amount 1,228
CALCULATED EACH PAY PERIOD AT THE STATUTORY PERCENTAGE from the 1,230
judgment debtor's personal DISPOSABLE earnings during each pay 1,231
period of the judgment debtor following COMMENCING WITH THE FIRST 1,232
FULL PAY PERIOD BEGINNING AFTER the garnishee's receipt of 1,234
GARNISHEE RECEIVES the order until the judgment in favor of the 1,235
judgment creditor and the associated court costs, judgment 1,236
interest, and, if applicable, prejudgment interest awarded to the 1,237
judgment creditor have been paid in full. For this purpose, the 1,238
order of garnishment of personal earnings shall specify the total 1,239
probable amount due on the judgment; shall state that that total 1,240
probable amount includes the unpaid portion of the judgment in 1,241
favor of the judgment creditor and specify that unpaid portion; 1,242
shall state that that total probable amount includes judgment 1,243
interest and, if applicable, prejudgment interest at the rate 1,244
prescribed in division (A) of section 1343.03 of the Revised Code 1,247
or a different rate provided in a written contract and specify 1,248
the applicable interest rate; and shall state that that total 1,249
probable amount includes the court costs awarded to the judgment 1,250
creditor and specify the amount of those court costs. 1,252
(C)(1) A continuous order of garnishment of personal 1,255
earnings described in division (B) of this section remains in 1,256
effect until whichever of the following first occurs: 1,257
(a) The total probable amount due on the judgment 1,260
described in division (B) of this section is paid in full to the 1,262
judgment creditor as a result of the garnishee's withholding of 1,263
the specified amount from the judgment debtor's personal 1,264
DISPOSABLE earnings during each pay period of the judgment debtor 1,265
following COMMENCING WITH THE FIRST FULL PAY PERIOD BEGINNING 1,266
AFTER the garnishee's receipt of GARNISHEE RECEIVES the order. 1,268
29
(b) The judgment creditor files with the court that issued 1,271
the order, and serves upon the garnishee and judgment debtor in 1,272
the same manner as a summons is served, EITHER a written notice 1,273
that the total probable amount due on the judgment described in 1,274
division (B) of this section has been paid in full to the 1,276
judgment creditor in the manner described in division (C)(1)(a) 1,278
of this section or otherwise has been satisfied OR A WRITTEN 1,279
REQUEST TO TERMINATE THE ORDER OF GARNISHMENT AND RELEASE THE 1,280
GARNISHEE FROM THE MANDATE OF THE ORDER OF GARNISHMENT. 1,281
(c) A municipal or county court appoints a trustee for the 1,284
judgment debtor pursuant to section 2329.70 of the Revised Code 1,286
and issues to the garnishee an order that stays the continuous 1,287
order of garnishment of personal earnings. 1,288
(d) A bankruptcy court of the United States issues to the 1,292
garnishee an order that stays the continuous order of garnishment 1,293
of personal earnings. 1,294
(e) A municipal or county court or a court of common pleas 1,297
issues to the garnishee another order of garnishment of personal 1,298
earnings that relates to the same judgment debtor and a different 1,299
judgment creditor, and the law of this state or of the United 1,300
States provides that the other order of garnishment of personal 1,302
earnings has a higher priority than the pending continuous order 1,303
of garnishment of personal earnings. A higher priority order of 1,304
that nature may include, but is not limited to, a support order 1,305
and an internal revenue service levy. 1,308
(f) A municipal or county court or a court of common pleas 1,311
issues to the garnishee another order of garnishment of personal 1,312
earnings that relates to the same judgment debtor and a different 1,313
judgment creditor and that is not described in division (C)(1)(e) 1,315
of this section. 1,316
(2) If the circumstances described in division (C)(1)(e) 1,319
or (f) of this section apply to a continuous order of garnishment 1,321
of personal earnings, division (D) of this section also applies 1,323
to the garnishee and that order.
30
(3) As long as a continuous order of garnishment of 1,325
personal earnings with respect to a particular judgment debtor 1,326
and a particular judgment creditor remains in effect or, if the 1,328
circumstances described in division (C)(1)(e) or (f) of this 1,330
section apply to an order of that nature, as long as division (D) 1,332
of this section applies to the garnishee and an order of that 1,333
nature, the particular judgment creditor may not file in any 1,334
municipal or county court or any court of common pleas another 1,335
affidavit as described in section 2716.03 of the Revised Code 1,338
that pertains to the particular judgment debtor and the same 1,339
judgment that underlies the order. 1,340
(4)(a) Subject to divisions (C)(1) and (D) of this section 1,344
and section 2716.05 of the Revised Code, a garnishee to whom a 1,347
municipal or county court or court of common pleas issues a 1,348
continuous order of garnishment of personal earnings shall pay to 1,350
the court within thirty days after each pay period of the 1,351
judgment debtor ends the amount, CALCULATED EACH PAY PERIOD AT 1,352
THE STATUTORY PERCENTAGE, that the order specifies to be withheld 1,356
from the judgment debtor's personal DISPOSABLE earnings during
each pay period of the judgment debtor following COMMENCING WITH 1,357
THE FIRST FULL PAY PERIOD BEGINNING AFTER the garnishee's receipt 1,359
of GARNISHEE RECEIVES the order. The payment to the court of 1,360
that amount CALCULATED EACH PAY PERIOD AT THE STATUTORY
PERCENTAGE shall be accompanied by the garnishee's interim report 1,363
and answer that shall be substantially in the form set forth in 1,364
section 2716.07 of the Revised Code and shall specifically state 1,367
all of the following:
(i) The date that the garnishee received the continuous 1,370
order of garnishment of personal earnings; 1,371
(ii) The total probable amount due on the judgment, as 1,374
described in division (B) of this section; 1,375
(iii) The amount of the judgment debtor's personal 1,378
DISPOSABLE earnings that has been withheld for the particular pay 1,379
period and that is being submitted with the interim report and 1,380
31
answer.
(b) A garnishee shall prepare each interim report and 1,383
answer in triplicate, shall submit one complete and signed copy 1,384
of that document to the court in accordance with division 1,385
(C)(4)(a) of this section, shall retain one complete and signed 1,387
copy of that document for the garnishee's records, and shall 1,389
deliver one complete and signed copy of that document to the 1,390
judgment debtor.
(c) A GARNISHEE TO WHOM A MUNICIPAL OR COUNTY COURT OR 1,392
COURT OF COMMON PLEAS ISSUES A CONTINUOUS ORDER OF GARNISHMENT OF 1,393
PERSONAL EARNINGS MAY ELECTRONICALLY PERFORM BOTH OF THE 1,395
FOLLOWING:
(i) PAY TO THE COURT THE AMOUNT CALCULATED EACH PAY PERIOD 1,397
AT THE STATUTORY PERCENTAGE OF THE JUDGMENT DEBTOR'S PERSONAL 1,399
DISPOSABLE EARNINGS THAT THE ORDER SPECIFIES TO BE WITHHELD FROM 1,400
THE JUDGMENT DEBTOR'S PERSONAL DISPOSABLE EARNINGS BY ELECTRONIC 1,402
TRANSFER OF FUNDS IF THE COURT PERMITS PAYMENT TO BE MADE 1,404
ELECTRONICALLY;
(ii) FILE THE GARNISHEE'S INTERIM REPORT AND ANSWER OR THE 1,406
GARNISHEE'S FINAL REPORT AND ANSWER BY ELECTRONIC IMAGE 1,408
TRANSMISSION IF THE CLERK OF THE COURT PERMITS THE FILING OF
DOCUMENTS ELECTRONICALLY. 1,409
(d) A GARNISHEE TO WHOM A MUNICIPAL OR COUNTY COURT OR 1,411
COURT OF COMMON PLEAS ISSUES A CONTINUOUS ORDER OF GARNISHMENT OF 1,412
PERSONAL EARNINGS SHALL FILE WITH THE COURT THE GARNISHEE'S 1,413
INTERIM REPORT AND ANSWER FOR EACH PAY PERIOD OF THE JUDGMENT 1,414
DEBTOR FOR WHICH AN AMOUNT FROM THE JUDGMENT DEBTOR'S PERSONAL 1,415
DISPOSABLE EARNINGS DURING THAT PAY PERIOD WAS WITHHELD FOR THAT 1,416
ORDER. THE GARNISHEE IS NOT REQUIRED TO FILE AN INTERIM REPORT 1,417
AND ANSWER FOR ANY PAY PERIOD FOR WHICH NO AMOUNT FROM THE 1,418
JUDGMENT DEBTOR'S PERSONAL DISPOSABLE EARNINGS DURING THAT PAY 1,419
PERIOD WAS WITHHELD FOR THAT ORDER. 1,420
(e) A GARNISHEE TO WHOM A MUNICIPAL OR COUNTY COURT OR 1,422
COURT OF COMMON PLEAS ISSUES A CONTINUOUS ORDER OF GARNISHMENT OF 1,423
32
PERSONAL EARNINGS MAY DEDUCT A PROCESSING FEE OF UP TO THREE 1,425
DOLLARS FROM THE AMOUNT WITHHELD FROM THE JUDGMENT DEBTOR'S 1,426
PERSONAL DISPOSABLE EARNINGS FOR EACH PAY PERIOD OF THE JUDGMENT 1,427
DEBTOR THAT AN AMOUNT FROM THE JUDGMENT DEBTOR'S PERSONAL 1,428
DISPOSABLE EARNINGS WAS WITHHELD FOR THAT ORDER. A GARNISHEE 1,429
SHALL NOT DEDUCT THE PROCESSING FEE FOR ANY PAY PERIOD IN WHICH 1,431
NO AMOUNT FROM THE JUDGMENT DEBTOR'S PERSONAL DISPOSABLE EARNINGS 1,432
DURING THAT PAY PERIOD WAS WITHHELD FOR THAT ORDER AND NO 1,433
GARNISHEE'S INTERIM REPORT AND ANSWER IS FILED. THE GARNISHEE'S 1,434
PROCESSING FEE SHALL NOT BE CHARGED AS COURT COSTS. 1,435
(5)(a) Subject to division (D) of this section, if a 1,438
continuous order of garnishment of personal earnings ceases to 1,439
remain in effect because of the operation of division (C)(1) of 1,441
this section, the garnishee shall file with the municipal or 1,442
county court or the court of common pleas that issued the order 1,443
the garnishee's final report and answer. The final report and 1,444
answer shall be substantially in the form set forth in section 1,445
2716.08 of the Revised Code and shall specifically state all of 1,448
the following:
(i) The date that the garnishee received the continuous 1,451
order of garnishment of personal earnings; 1,452
(ii) The total probable amount due on the judgment, as 1,455
described in division (B) of this section; 1,456
(iii) The total amount of the judgment debtor's personal 1,459
DISPOSABLE earnings that the garnishee has withheld and paid to 1,460
the court while the order remained in effect; 1,462
(iv) The reason listed in division (C)(1) of this section 1,465
that precludes the continuation of the withholding of the 1,466
specified amount of the judgment debtor's personal DISPOSABLE 1,467
earnings in accordance with the order. This reason shall be 1,469
stated only if the total probable amount due on the judgment, as 1,470
described in division (B) of this section, is not the total 1,472
amount of the judgment debtor's personal DISPOSABLE earnings that 1,473
the garnishee withheld and paid to the court while the order 1,474
33
remained in effect and if the reason that the order has ceased to 1,475
remain in effect is described in division (C)(1)(c), (d), (e), or 1,478
(f) of this section. 1,479
(b) A garnishee shall prepare each final report and answer 1,482
in triplicate, shall submit one complete and signed copy of that 1,483
document to the court in accordance with division (C)(5)(a) of 1,486
this section, shall retain one complete and signed copy of that 1,487
document for the garnishee's records, and shall deliver one
complete and signed copy of that document to the judgment debtor. 1,489
(D)(1) Except as provided in division (D)(2) of this 1,493
section, if a garnishee receives an order of garnishment of
personal earnings with respect to a particular judgment debtor 1,494
and if, at the time of the receipt of that order, the garnishee 1,495
is the subject of a previously received continuous order of 1,496
garnishment of personal earnings with respect to the same 1,497
judgment debtor, the previous order shall cease to remain in 1,498
effect as described in division (C)(1)(f) of this section. 1,501
However, until at least FOR THE TIME PERIOD UP TO AND INCLUDING 1,502
THE FULL PAY PERIOD WITHIN WHICH THE one hundred eighty-two days 1,504
have expired EIGHTY-SECOND DAY from the date that the garnishee 1,505
began processing the previous order FALLS, the garnishee shall 1,507
withhold the specified amount from the judgment debtor's personal 1,508
earnings in accordance with the previous order. During that TIME 1,509
period, the previous order shall be deemed a higher priority 1,510
order. Upon the expiration of that FINAL FULL PAY period, the 1,511
garnishee shall comply with division (C)(5) of this section. 1,512
(2) If a garnishee receives an order of garnishment of 1,514
personal earnings with respect to a particular judgment debtor, 1,515
if, at the time of the receipt of that order, the garnishee is 1,516
the subject of a previously received continuous order of 1,517
garnishment of personal earnings with respect to the same 1,518
judgment debtor, and if the law of this state or of the United 1,520
States provides that the subsequent order has a higher priority 1,522
than the previous order, the previous order shall cease to remain 1,523
34
in effect as described in division (C)(1)(e) of this section. 1,526
However, until at least FOR THE TIME PERIOD UP TO AND INCLUDING 1,527
THE FULL PAY PERIOD WITHIN WHICH THE one hundred eighty-two days 1,529
have expired EIGHTY-SECOND DAY from the date the garnishee began 1,530
processing the previous order FALLS, the garnishee shall comply 1,532
with division (D)(3)(c)(ii) of this section. Upon the expiration 1,534
of that FINAL FULL PAY period, the garnishee shall comply with 1,536
division (C)(5) of this section. 1,537
(3)(a) Except as provided in division (D)(2) and (3)(b) 1,541
and (c) of this section, if a garnishee receives an order of 1,542
garnishment of personal earnings with respect to a particular 1,543
judgment debtor and if, at the time of the receipt of that order, 1,544
the garnishee is the subject of a previously received continuous 1,545
order of garnishment of personal earnings with respect to the 1,546
same judgment debtor, the garnishee shall do both of the 1,547
following: 1,548
(i) The garnishee shall process the subsequent order in 1,551
the order in which the garnishee receives it, COMMENCING WITH THE 1,552
FIRST FULL PAY PERIOD BEGINNING AFTER THE SUBSEQUENT ORDER 1,553
REACHES HIGHEST PRIORITY, and only after all previously received 1,554
orders of garnishment of personal earnings with respect to the 1,555
same judgment debtor have been processed for a 1,556
one-hundred-eighty-two-day period TIME PERIOD UP TO AND INCLUDING 1,557
THE FULL PAY PERIOD WITHIN WHICH THE ONE-HUNDRED-EIGHTY-SECOND 1,558
DAY FROM THE FIRST PROCESSING DATE FALLS or have ceased to remain 1,560
in effect for a reason listed in division (C)(1) of this section. 1,561
(ii) When, pursuant to the procedure required by division 1,564
(D)(3)(a)(i) of this section for the stacking of orders of 1,566
garnishment of personal earnings with respect to the same 1,567
judgment debtor, the subsequent order reaches highest priority, 1,568
the garnishee, COMMENCING WITH THE FIRST FULL PAY PERIOD 1,569
BEGINNING AFTER THE SUBSEQUENT ORDER REACHES HIGHEST PRIORITY, 1,570
shall process the subsequent order until the subsequent order 1,572
ceases to remain in effect for a reason listed in division (C)(1) 1,574
35
of this section.
(b) If a garnishee receives an order of garnishment of 1,577
personal earnings with respect to a particular judgment debtor, 1,578
if, at the time of the receipt of that order, the garnishee is 1,579
the subject of a previously received continuous order of 1,580
garnishment of personal earnings with respect to the same 1,581
judgment debtor, and if the previous order has a higher priority 1,582
under division (D)(1) or (3)(a) of this section, the garnishee 1,583
shall do both of the following: 1,584
(i) The garnishee shall withhold from the judgment 1,587
debtor's personal earnings during each pay period the amount, 1,588
CALCULATED EACH PAY PERIOD AT THE STATUTORY PERCENTAGE, OF THE 1,589
JUDGMENT DEBTOR'S PERSONAL DISPOSABLE EARNINGS DURING EACH PAY 1,590
PERIOD specified in the previous order for the requisite 1,591
one-hundred-eighty-two-day period TIME PERIOD UP TO AND INCLUDING 1,593
THE FULL PAY PERIOD WITHIN WHICH THE 1,594
ONE-HUNDRED-EIGHTY-SECOND-PROCESSING DAY FALLS or until the 1,595
previous order ceases to remain in effect for a reason listed in 1,596
division (C)(1) of this section. 1,597
(ii) If the maximum amount of the personal earnings of the 1,600
judgment debtor that may be garnished during each pay period 1,601
under the law of this state or of the United States is not 1,603
exceeded after the application of division (D)(3)(b)(i) of this 1,606
section, the garnishee shall withhold from the judgment debtor's 1,607
personal DISPOSABLE earnings during each pay period the amount, 1,608
CALCULATED EACH PAY PERIOD AT THE STATUTORY PERCENTAGE, specified 1,609
in one or more of the subsequent orders, in their order of 1,611
priority, COMMENCING WITH THE FIRST FULL PAY PERIOD BEGINNING
AFTER THE SUBSEQUENT ORDER REACHES PRIORITY, until the maximum 1,612
amount, CALCULATED EACH PAY PERIOD AT THE STATUTORY PERCENTAGE, 1,615
of the personal DISPOSABLE earnings of the judgment debtor that 1,616
may be garnished during each pay period under the law of this 1,617
state or of the United States is reached and as long as the 1,620
requisite one-hundred-eighty-two-day processing period TIME 1,623
36
PERIOD UP TO AND INCLUDING THE FULL PAY PERIOD WITHIN WHICH THE 1,624
ONE-HUNDRED-EIGHTY-SECOND PROCESSING DAY FALLS has not expired 1,626
with respect to a subsequent order and the subsequent order has 1,627
not ceased to remain in effect for a reason listed in division 1,628
(C)(1) of this section. 1,629
(c) If a garnishee receives an order of garnishment of 1,632
personal earnings with respect to a particular judgment debtor, 1,633
if, at the time of the receipt of that order, the garnishee is 1,634
the subject of a previously received continuous order of 1,635
garnishment of personal earnings with respect to the same 1,636
judgment debtor, and if the subsequent order has a higher
priority under division (D)(2) of this section, the garnishee 1,638
shall do both of the following: 1,639
(i) The garnishee shall withhold from the judgment 1,642
debtor's personal DISPOSABLE earnings during each pay period the 1,644
amount, CALCULATED EACH PAY PERIOD AT THE STATUTORY PERCENTAGE, 1,645
specified in the subsequent order, COMMENCING WITH THE FIRST FULL 1,646
PAY PERIOD BEGINNING AFTER THE SUBSEQUENT ORDER REACHES PRIORITY. 1,647
(ii) If the maximum amount of the personal earnings of the 1,650
judgment debtor that may be garnished during each pay period 1,651
under the law of this state or of the United States is not 1,653
exceeded after the application of division (D)(3)(c)(i) of this 1,656
section, the garnishee shall withhold from the judgment debtor's 1,657
personal DISPOSABLE earnings during each pay period the amount, 1,658
CALCULATED EACH PAY PERIOD AT THE STATUTORY PERCENTAGE, OF THE 1,659
JUDGMENT DEBTOR'S PERSONAL DISPOSABLE EARNINGS DURING EACH PAY 1,660
PERIOD specified in one or more of the previous orders, in their 1,661
order of priority, until the maximum amount of the personal 1,662
earnings of the judgment debtor that may be garnished during each 1,663
pay period under the law of this state or of the United States is 1,666
reached and as long as the requisite one-hundred-eighty-two-day 1,668
processing period TIME PERIOD UP TO AND INCLUDING THE FULL PAY 1,670
PERIOD WITHIN WHICH THE ONE-HUNDRED-EIGHTY-SECOND PROCESSING DAY 1,671
FALLS has not expired with respect to a previous order and the 1,673
37
previous order has not ceased to remain in effect for a reason 1,674
listed in division (C)(1) of this section. 1,676
(E) If a garnishee receives an order of garnishment of 1,679
personal earnings with respect to a particular judgment debtor 1,680
and that order, after applying the provisions of this section, 1,681
has a higher priority than a previously received continuous order 1,682
of garnishment of personal earnings with respect to the same 1,683
judgment debtor, the garnishee promptly shall notify the judgment 1,684
creditor associated with the previous order of the receipt of the 1,685
higher priority order. 1,686
(F) If a garnishee receives an order of garnishment of 1,689
personal earnings with respect to a particular judgment debtor 1,690
and if, at the time of the receipt of that order, the garnishee 1,691
is the subject of one or more previously received continuous 1,692
orders of garnishment of personal earnings with respect to the 1,693
same judgment debtor, the garnishee shall include in its answer 1,694
of employer filed pursuant to section 2716.05 of the Revised Code 1,697
in relation to the subsequent order all of the following 1,698
information:
(1) The name of the court that issued the subsequent order 1,701
and each previous order and the case number associated with each 1,702
of those orders;
(2) The date that the garnishee received the subsequent 1,704
order and each previous order; 1,705
(3) With respect to the subsequent order and each previous 1,708
order, the balance due to the relevant judgment creditor at the 1,709
time of the filing of the answer of employer. The garnishee 1,710
shall calculate the balance due in relation to a particular order 1,711
by subtracting the total amount of the judgment debtor's personal 1,712
earnings that the garnishee previously has withheld and paid to 1,713
the court pursuant to that order from the total probable amount 1,714
due on the judgment underlying that order, as described in 1,715
division (B) of this section. 1,716
Sec. 2716.05. The garnishee shall be served, in the same 1,725
38
manner as a summons is served, with three copies of the order of 1,727
garnishment of personal earnings and of a written notice that the 1,728
garnishee answer as provided in division (F)(E) of section 1,729
2716.041 of the Revised Code, this section, and section 2716.21 1,730
of the Revised Code and with the garnishee's fee required by 1,733
section 2716.04 of the Revised Code. The garnishee also shall be 1,735
served, at that time, with two copies of the notice to the
judgment debtor form and of the request for hearing form 1,737
described in section 2716.06 of the Revised Code, one copy of the 1,738
interim report and answer form described in section 2716.07 of 1,739
the Revised Code, ONE COPY OF THE EMPLOYER GUIDE TO PROCESSING 1,741
CONTINUOUS ORDERS OF GARNISHMENT, and one copy of the final 1,742
report and answer form described in section 2716.08 of the 1,744
Revised Code. 1,745
A court of common pleas or municipal or county court that 1,748
issues an order of garnishment of personal earnings has 1,749
jurisdiction to serve process pursuant to this section upon a 1,750
garnishee who does not reside within the territorial jurisdiction 1,751
of the court. If the garnishee does not reside within the 1,753
territorial jurisdiction of the court that issued the order, the 1,754
process may be served upon the garnishee by the proper officer of 1,756
the county in which the garnishee resides or may be served upon 1,758
the garnishee by personal service by the court, by sending it to 1,759
the garnishee by certified mail, return receipt requested, or by 1,760
sending it to the garnishee by regular mail evidenced by a 1,761
properly completed and stamped certificate of mailing by regular 1,762
mail.
The order of garnishment of personal earnings shall bind 1,764
the personal earnings of the judgment debtor due from the 1,765
garnishee at the time of service in accordance with this section. 1,766
The order of garnishment of personal earnings and notice to 1,768
answer shall be in substantially the following form: 1,769
"ORDER AND NOTICE OF GARNISHMENT AND ANSWER OF EMPLOYER 1,771
Docket No. ................... 1,773
39
Case No. ..................... 1,774
In the ................. Court 1,775
........................, Ohio 1,776
The State of Ohio 1,779
County of ....................., ss 1,781
......................., Judgment Creditor 1,783
vs. 1,785
......................., Judgment Debtor 1,787
SECTION A. COURT ORDER AND NOTICE OF GARNISHMENT 1,789
To: ............................................, Garnishee 1,791
The judgment creditor in the above case has filed an 1,793
affidavit, satisfactory to the undersigned, in this court stating 1,794
that you owe the judgment debtor money for personal earnings and 1,796
that some of that money may not be exempt from garnishment under 1,797
the laws of the State of Ohio or the laws of the United States. 1,798
You are therefore ordered to complete the "ANSWER OF 1,800
EMPLOYER (GARNISHEE)" in section B of this form. Return one 1,801
completed and signed copy of this form to the clerk of this court 1,803
within five (5) business days after you receive this order of 1,804
garnishment together with the amount determined in accordance 1,805
with the "ANSWER OF EMPLOYER (GARNISHEE)." Deliver one completed 1,808
and signed copy of this form and the accompanying documents 1,809
entitled "NOTICE TO THE JUDGMENT DEBTOR" and "REQUEST FOR 1,811
HEARING" to the judgment debtor. Keep the other completed and 1,812
signed copy of this form for your files. 1,814
(The total probable amount now due on this judgment is 1,816
$................... The total probable amount now due includes 1,819
the unpaid portion of the judgment in favor of the judgment 1,820
creditor, which is $........; interest on that judgment and, if 1,821
applicable, prejudgment interest relative to that judgment at the 1,822
rate of .....% per annum payable until that judgment is satisfied 1,823
in full; and court costs in the amount of $..........) 1,825
This order of garnishment of personal earnings is a 1,827
continuous order that generally requires you to withhold a 1,828
40
specified amount, CALCULATED EACH PAY PERIOD AT THE STATUTORY 1,829
PERCENTAGE, OF THE JUDGMENT DEBTOR'S PERSONAL DISPOSABLE EARNINGS 1,831
DURING EACH PAY PERIOD, as determined in accordance with the 1,833
"INTERIM REPORT AND ANSWER OF EMPLOYER (GARNISHEE)," from the 1,834
judgment debtor's personal DISPOSABLE earnings during each pay 1,835
period of the judgment debtor following your receipt of 1,836
COMMENCING WITH THE FIRST FULL PAY PERIOD BEGINNING AFTER YOU 1,837
RECEIVE the order until the judgment in favor of the judgment 1,838
creditor and the associated court costs, judgment interest, and, 1,839
if applicable, prejudgment interest awarded to the judgment 1,841
creditor as described above have been paid in full. You 1,842
generally must pay that specified amount, CALCULATED EACH PAY 1,843
PERIOD AT THE STATUTORY PERCENTAGE, to the clerk of this court 1,845
within thirty (30) days after the end of each pay period of the 1,847
judgment debtor and must include with that specified amount 1,848
CALCULATED EACH PAY PERIOD AT THE STATUTORY PERCENTAGE an 1,851
"INTERIM REPORT AND ANSWER OF GARNISHEE" substantially in the
form set forth in section 2716.07 of the Ohio Revised Code. A 1,855
copy of the "INTERIM REPORT AND ANSWER OF GARNISHEE" is attached 1,856
to this order of garnishment of personal earnings, and you may 1,857
photocopy it to use each time you pay the specified amount to the 1,858
clerk of this court. YOU ARE PERMITTED TO DEDUCT A PROCESSING 1,859
FEE OF UP TO THREE DOLLARS FROM THE JUDGMENT DEBTOR'S PERSONAL 1,860
DISPOSABLE EARNINGS FOR ANY PAY PERIOD OF THE JUDGMENT DEBTOR 1,861
THAT AN AMOUNT WAS WITHHELD FOR THAT ORDER (THE PROCESSING FEE IS 1,862
NOT A PART OF THE COURT COSTS). YOU ARE NOT REQUIRED TO FILE 1,863
WITH THE COURT THE "INTERIM REPORT AND ANSWER OF GARNISHEE" FOR 1,864
ANY PAY PERIOD OF THE JUDGMENT DEBTOR FOR WHICH AN AMOUNT FROM 1,865
THE JUDGMENT DEBTOR'S PERSONAL DISPOSABLE EARNINGS DURING THAT 1,867
PAY PERIOD WAS NOT WITHHELD FOR THAT ORDER. 1,868
This order of garnishment of personal earnings generally 1,871
will remain in effect until one of the following occurs: 1,872
(1) The total probable amount due on the judgment as 1,874
described above is paid in full as a result of your withholding 1,875
41
of the specified amount, CALCULATED EACH PAY PERIOD AT THE 1,876
STATUTORY PERCENTAGE, from the judgment debtor's personal 1,878
DISPOSABLE earnings during each pay period of the judgment debtor 1,879
following your receipt of THAT COMMENCED WITH THE FIRST FULL PAY 1,880
PERIOD BEGINNING AFTER YOU RECEIVED the order. 1,883
(2) The judgment creditor OR THE JUDGMENT CREDITOR'S 1,885
ATTORNEY files with this court a written notice that the total 1,887
probable amount due on the judgment as described above has been 1,888
satisfied OR THE JUDGMENT CREDITOR OR THE JUDGMENT CREDITOR'S 1,889
ATTORNEY FILES A WRITTEN REQUEST TO TERMINATE THIS ORDER OF 1,890
GARNISHMENT AND RELEASE YOU FROM THE MANDATE OF THIS ORDER OF 1,891
GARNISHMENT.
(3) A municipal or county court appoints a trustee for the 1,894
judgment debtor and issues to you an order that stays this order 1,895
of garnishment of personal earnings.
(4) A federal bankruptcy court issues to you an order that 1,898
stays this order of garnishment of personal earnings. 1,899
(5) A municipal or county court or a court of common pleas 1,902
issues to you another order of garnishment of personal earnings 1,903
that relates to the judgment debtor and a different judgment 1,904
creditor, and Ohio or federal law provides the other order with a 1,905
higher priority than this order. 1,906
(6) A municipal or county court or a court of common pleas 1,909
issues to you another order of garnishment of personal earnings 1,910
that relates to the judgment debtor and a different judgment 1,911
creditor and that does not have a higher priority than this 1,912
order.
(7) THE JUDGMENT CREDITOR OR THE JUDGMENT CREDITOR'S 1,914
ATTORNEY FILES WITH THIS COURT A WRITTEN REQUEST TO TERMINATE AND 1,915
RELEASE THE ORDER OF GARNISHMENT, AND AS A RESULT, THE ORDER OF 1,916
GARNISHMENT WILL CEASE TO REMAIN IN EFFECT. 1,917
Under any of the circumstances listed above, you are 1,919
required to file with this court a "FINAL REPORT AND ANSWER OF 1,921
GARNISHEE" substantially in the form set forth in section 2716.08 1,922
42
of the Ohio Revised Code. A copy of the "FINAL REPORT AND ANSWER 1,924
OF GARNISHEE" is attached to this order of garnishment of 1,925
personal earnings. Under the circumstances listed in (5) and (6) 1,926
above, you must cease processing this order of garnishment AFTER 1,927
THE EXPIRATION OF THE FULL PAY PERIOD WITHIN WHICH THE one 1,928
hundred eighty-two EIGHTY-SECOND (182) days DAY after you began 1,930
processing it FALLS. 1,931
Special stacking, priority of payment, and manner of 1,933
payment rules apply when a garnishee receives multiple orders of 1,934
garnishment with respect to the same judgment debtor. These 1,935
rules are set forth in section 2716.041 of the Ohio Revised Code. 1,937
AN EMPLOYER GUIDE TO PROCESSING CONTINUOUS ORDERS OF GARNISHMENT
IS INCLUDED WITH THIS ORDER OF GARNISHMENT. You should become 1,938
familiar with these rules. 1,939
Witness my hand and the seal of this court this ........... 1,941
day of ..................., ...... 1,942
.............................. 1,944
Judge 1,945
SECTION B. ANSWER OF EMPLOYER (GARNISHEE) 1,947
(An employer is one who is required to withhold payroll taxes out 1,949
of payments of personal earnings made to the judgment debtor.) 1,950
(Answer all pertinent questions) 1,953
Now comes ..............................., the employer 1,955
(garnishee) herein, who says: 1,956
1. This order of garnishment of personal earnings was 1,958
received on .....................................................
Yes No 1,961
2. The judgment debtor is in 1,962
my/our employ. ... ... 1,963
If answer is "No," give date of last 1,965
employment. (2).......... 1,966
Yes No 1,968
3. (A) Is the debt to which 1,971
this order or OF garnishment of 1,973
43
personal earnings pertains the 1,974
subject of an existing agreement for 1,975
debt scheduling between the judgment
debtor and a budget and debt 1,976
counseling service and has the
judgment debtor made every payment 1,977
that was due under the agreement for
debt scheduling no later than
forty-five days after the date on 1,978
which the payment was due? ... ... 1,979
If the answer to both parts of this 1,981
question is "Yes," give all
available details of the agreement, 1,982
sign this form, and return it to the 1,983
court. 3(A)......... 1,985
................................................................. 1,990
................................................................. 1,992
Yes No 1,994
(B) Were you, on the date 1,995
that you received this order of
garnishment of personal earnings, 1,996
withholding moneys from the judgment
debtor's personal DISPOSABLE 1,997
earnings pursuant to another order
of garnishment of personal earnings 1,999
that Ohio or federal law provides
with a higher priority than this 2,000
order of garnishment of personal
earnings (such as a support order or 2,001
Internal revenue service REVENUE 2,002
SERVICE levy)? ..... ...... 2,003
IF 2,005
If the answer to this question 2,008
is "Yes," give the name of the court 2,009
44
that issued the higher priority 2,010
order, the associated case number,
the date upon which you received 2,011
that order, and the balance due to
the relevant judgment creditor under 2,012
that order. 3(B) ........ 2,013
................................................................. 2,015
Yes No 2,018
(C) Did you receive prior to 2,019
the date that you received this 2,020
order of garnishment of personal
earnings one or more other orders of
garnishment of personal earnings 2,021
that are not described in question
3(B), and are you currently 2,022
processing one or more of those
orders for the statutorily required 2,023
182-day TIME period or holding one
or more of those orders for 2,025
processing for a 182-day STATUTORILY
REQUIRED period in the sequence of 2,026
their receipt by you? ..... ..... 2,028
If the answer to this question is 2,031
"Yes," give the name of the court 2,033
that issued each of those previously
received orders, the associated case 2,034
numbers, the date upon which you
received each of those orders, and
the balance due to the relevant 2,035
judgment creditor under each of
those orders. List first the 2,036
previously received order(s) that
you are currently processing, and 2,037
list each of the other previously
45
received orders in the sequence that
you are required to process them. 3(C)......... 2,039
................................................................. 2,041
................................................................. 2,043
................................................................. 2,045
4. (A) State whether the pay 2,047
period of the judgment debtor is 2,048
weekly, biweekly, semimonthly, or 2,050
monthly (do not enter a pay period 2,051
of more than one month): 4(A)......... 2,053
(B) Enter the disposable 2,054
earnings of the judgment debtor 2,055
earned during the judgment debtor's
present pay period. earnings" means 2,056
earnings after deductions required
by law. "Present pay period" means 2,057
the pay period in which you receive
this order of garnishment of 2,058
personal earnings.) 4(B) $....... 2,059
(C) If the judgment debtor's 2,060
pay period is weekly, enter on line 2,061
4(C) an amount equal to six and
one-quarter per cent (6.25%) of the 2,062
judgment debtor's disposable
earnings set forth on line 4(B). If 2,063
the judgment debtor's pay period is
biweekly or semimonthly, enter on 2,064
line 4(C) an amount equal to twelve
and one-half per cent (12.5%) of the 2,065
judgment debtor's disposable
earnings set forth on line 4(B). If 2,066
the judgment debtor's pay period is
monthly, enter on line 4(C) an 2,067
amount equal to twenty-five per cent
46
(25%) of the judgment debtor's 2,069
disposable earnings set forth on
line 4(B). 4(C)......... 2,070
5. (A) If the judgment 2,071
debtor is paid weekly, enter thirty
times the current federal minimum 2,073
hourly wage; if paid biweekly, enter 2,074
sixty times the current federal 2,075
minimum hourly wage; if paid
semimonthly, enter sixty-five times 2,077
the current federal minimum hourly
wage; if paid monthly, enter one
hundred thirty times the current 2,078
federal minimum hourly wage: 5(A) $....... 2,079
(B) Enter the amount by which 2,080
the amount on line 4(B) exceeds the 2,081
amount on line 5(A): 5(B) $....... 2,082
6. Enter on line 6 the 2,083
smallest of the amount entered on 2,084
line 4(C); or the amount entered on 2,086
line 5(B); or the total probable
amount now due on the judgment, 2,087
including interest and costs, as 2,088
indicated in section A of this form.
Pay the amount entered on line 6 2,091
into this court when returning this 2,092
form: 6 $.......... 2,093
I certify that the statements above are true. 2,095
.............................. 2,096
(Print Name of Employer) 2,097
.............................. 2,098
(Print Name and Title of 2,099
Person Who Completed Form ON
BEHALF OF THE EMPLOYER) 2,100
47
Signed ......................................................... 2,102
(Signature of Person Completing Form EMPLOYER OR EMPLOYER'S 2,105
AGENT)
Dates DATED this ........... day of ..........., ....." 2,107
Section A of the form described in this section shall be 2,109
completed before service. Section B of the form shall be 2,110
completed by the garnishee, and the garnishee shall file one 2,112
completed and signed copy of the form with the clerk of the court 2,113
as the garnishee's answer. The garnishee may keep one completed 2,114
and signed copy of the form and shall deliver the other completed 2,116
and signed copy of the form to the judgment debtor not later than 2,117
the time that the garnishee otherwise would pay the judgment 2,118
debtor the personal earnings that the garnishee instead is paying 2,119
to the court. The garnishee also shall deliver at that time the 2,120
two copies of the notice to the judgment debtor form and of the 2,121
request for hearing form described in section 2716.06 of the 2,122
Revised Code that were served on the garnishee. 2,123
No employer shall discharge an employee solely because of 2,125
the successful garnishment of the employee's personal earnings by 2,127
only one judgment creditor in any twelve-month period.
If several affidavits seeking orders of garnishment of 2,129
personal earnings are filed against the same judgment debtor in 2,130
accordance with section 2716.03 of the Revised Code, the court 2,131
involved shall issue the requested orders in the same order in 2,133
which the clerk received the associated affidavits. 2,134
THE GARNISHEE ALSO SHALL BE SERVED WITH A COPY OF THE 2,136
EMPLOYER GUIDE TO PROCESSING CONTINUOUS ORDERS OF GARNISHMENT AT 2,137
THE SAME TIME THAT THE FORMS AS PROVIDED IN THIS SECTION ARE 2,138
SERVED UPON THE GARNISHEE.
Sec. 2716.06. (A) The notice to the judgment debtor that 2,147
must be served on the garnishee and delivered to the judgment 2,148
debtor shall be in substantially the following form: 2,149
"(Name and Address of the Court) 2,151
(Case Caption) Case No. ....... 2,153
48
NOTICE TO THE JUDGMENT DEBTOR 2,155
You are hereby notified that this court has issued an order 2,157
in the above case in favor of (name and address of judgment 2,158
creditor), the judgment creditor in this proceeding, directing 2,159
that some of your personal earnings be used in satisfaction of 2,161
your debt to the judgment creditor instead of being paid to you. 2,163
This order was issued on the basis of the judgment creditor's 2,164
judgment against you that was obtained in (name of court) in 2,165
(case number) on (date). 2,166
The law of Ohio provides that you are entitled to keep a 2,168
certain amount of your personal earnings free from the claims of 2,169
creditors. Additionally, wages under a certain amount may never 2,170
be used to satisfy the claims of creditors. The documents 2,171
entitled "ORDER AND NOTICE OF GARNISHMENT AND ANSWER OF EMPLOYER" 2,172
that are enclosed with this notice show how the amount proposed 2,173
to be taken out of your personal earnings was calculated by your 2,174
employer. 2,175
If you dispute the judgment creditor's right to garnish 2,177
your personal earnings and believe that you are entitled to 2,178
possession of the personal earnings because they are exempt or if 2,179
you feel that this order is improper for any other reason, you 2,180
may request a hearing before this court by disputing the claim in 2,181
the request for hearing form, appearing below, or in a 2,182
substantially similar form, and delivering the request for 2,183
hearing to this court at the above address, at the office of the 2,184
clerk of this court, no later than the end of the fifth business 2,185
day after you receive this notice. You may state your reasons 2,186
for disputing the judgment creditor's right to garnish your 2,187
personal earnings in the space provided on the form; however, you 2,188
are not required to do so. If you do state your reasons for 2,189
disputing the judgment creditor's right, you are not prohibited 2,190
from stating any other reason at the hearing. If you do not 2,192
state your reasons, it will not be held against you by the court, 2,193
and you can state your reasons at the hearing. NO OBJECTIONS TO 2,194
49
THE JUDGMENT ITSELF WILL BE HEARD OR CONSIDERED AT THE HEARING. 2,195
The hearing will be limited to a consideration of the amount of 2,197
your personal earnings, if any, that can be used in satisfaction 2,198
of the judgment you owe to the judgment creditor. 2,199
If you request a hearing by delivering your request for 2,201
hearing no later than the end of the fifth business day after you 2,202
receive this notice, it will be conducted no later than twelve 2,203
days after your request is received by the court, and the court 2,204
will send you notice of the date, time, and place. You may 2,205
indicate in the form that you feel BELIEVE that the need for the 2,206
hearing is an emergency and that it should be given priority by 2,208
the court. If you do so, the court will schedule the hearing as 2,209
soon as practicable after your request is received and will send 2,210
you notice of the date, time, and place. If you do not request a 2,211
hearing by delivering your request for hearing no later than the 2,212
end of the fifth business day after you receive this notice, some 2,213
of your personal earnings will be paid to the judgment creditor. 2,214
If you have any questions concerning this matter, you may 2,216
contact the office of the clerk of this court. If you want legal 2,217
representation, you should contact your lawyer immediately. If 2,218
you need the name of a lawyer, contact the local bar association. 2,219
............................. 2,220
Clerk of the Court 2,221
............................. 2,222
Date" 2,223
(B) The request for hearing form that must be served on 2,225
the garnishee and delivered to the judgment debtor shall have 2,227
attached to it a postage-paid, self-addressed envelope or shall 2,228
be on a postage-paid, self-addressed postcard, and shall be in 2,229
substantially the following form: 2,230
"(Name and Address of Court) 2,232
Case Number .......... Date .......... 2,234
REQUEST FOR HEARING 2,236
I dispute the judgment creditor's right to garnish my 2,239
50
personal earnings in the above case and request that a hearing in 2,240
this matter be held no later than twelve days after delivery of 2,241
this request to the court.
I ........................ feel that the need for the 2,243
(insert "do" or "do not") 2,245
hearing is an emergency. 2,247
I dispute the judgment creditor's right to garnish my 2,249
personal earnings for the following reasons: 2,250
................................................................. 2,251
(Optional) 2,253
................................................................. 2,254
................................................................. 2,255
I UNDERSTAND THAT NO OBJECTIONS TO THE JUDGMENT ITSELF WILL 2,258
BE CONSIDERED AT THE HEARING.
............................. 2,259
(Name of Judgment Debtor) 2,260
............................. 2,261
(Signature) 2,262
............................. 2,263
(Date") 2,264
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR 2,266
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE 2,267
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT 2,268
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING, AND SOME OF YOUR 2,269
PERSONAL EARNINGS WILL BE PAID TO (JUDGMENT CREDITOR'S NAME) IN 2,272
SATISFACTION OF YOUR DEBT TO THE JUDGMENT CREDITOR." 2,274
(C) The judgment debtor may receive a hearing in 2,276
accordance with this division by delivering a written request for 2,277
A hearing to the clerk of the court within five business days 2,278
after receipt of the notice provided pursuant to division (A) of 2,279
this section. The request may set forth the judgment debtor's 2,280
reasons for disputing the judgment creditor's right to garnish 2,281
the personal earnings; however, neither the judgment debtor's 2,282
inclusion of nor the judgment debtor's failure to include those 2,284
51
reasons upon the request constitutes a waiver of any defense of 2,285
the judgment debtor or affects the judgment debtor's right to 2,286
produce evidence at the hearing. If the request is made by the 2,287
judgment debtor within the prescribed time, the court shall 2,288
schedule a hearing no later than twelve days after the request is 2,289
made, unless the judgment debtor indicated that the judgment 2,290
debtor felt the need for the hearing was an emergency, in which 2,291
case the court shall schedule the hearing as soon as practicable 2,292
after the request is made. Notice of the date, time, and place of 2,293
the hearing shall be sent to the parties in accordance with 2,294
division (E) of this section. The hearing shall be limited to a 2,295
consideration of the amount of the personal earnings of the 2,296
judgment debtor, if any, that can be used in satisfaction of the 2,297
debt owed by the judgment debtor to the judgment creditor. 2,298
(D) If the judgment debtor does not request a hearing 2,300
within the prescribed time pursuant to division (C) of this 2,301
section, the court shall issue an order to the garnishee to pay 2,302
some of the judgment debtor's personal DISPOSABLE earnings into 2,303
court, if they have not already been paid to the court. This 2,307
order shall be based on the answer of the garnishee filed 2,308
pursuant to section 2716.05 of the Revised Code. If a hearing is 2,309
conducted, the court shall determine at the hearing the amount, 2,310
CALCULATED EACH PAY PERIOD AT THE STATUTORY PERCENTAGE, of the 2,312
judgment debtor's personal DISPOSABLE earnings FOR THE PRESENT 2,313
PAY PERIOD, if any, that can be used in satisfaction of the debt 2,315
owed by the judgment debtor to the judgment creditor, and issue 2,317
an order, accordingly, to the garnishee to pay that amount,
CALCULATED EACH PAY PERIOD AT THE STATUTORY PERCENTAGE, of the 2,318
personal DISPOSABLE earnings into court if it has not already 2,320
been paid to the court. 2,321
(E) If the judgment debtor requests a hearing within the 2,323
prescribed time pursuant to division (C) of this section, the 2,324
clerk shall send a notice of the date, time, and place of the 2,325
hearing by regular mail to the judgment creditor OR THE JUDGMENT 2,326
52
CREDITOR'S ATTORNEY and the judgment debtor. 2,327
Sec. 2716.07. (A) Subject to divisions (C)(1) and (D) of 2,337
section 2716.041 and section 2716.05 of the Revised Code, a 2,339
garnishee to whom a municipal or county court or court of common 2,340
pleas issues a continuous order of garnishment of personal 2,341
earnings shall pay to the court within thirty days after the end 2,342
of each pay period of the judgment debtor, COMMENCING WITH THE 2,343
FIRST FULL PAY PERIOD BEGINNING AFTER THE GARNISHEE RECEIVES THE 2,344
ORDER AND NOTICE OF GARNISHMENT AND ANSWER OF EMPLOYER, the 2,345
amount, CALCULATED EACH PAY PERIOD AT THE STATUTORY PERCENTAGE, 2,348
that the order specifies to be withheld from the judgment 2,350
debtor's personal DISPOSABLE earnings during each pay period of 2,351
the judgment debtor following the garnishee's receipt of the 2,352
order. The payment to the court of that amount shall be 2,353
accompanied by the garnishee's interim report and answer that 2,354
shall be substantially in the following form:
"INTERIM REPORT AND ANSWER OF GARNISHEE" 2,356
Case No. ..................... 2,358
In The ................. Court 2,359
........................, Ohio 2,360
.........., Judgment Creditor 2,361
vs. 2,363
.........., Judgment Debtor 2,365
The garnishee, ................., in the above case states 2,368
as follows:
1. The date that the garnishee received the order of 2,370
garnishment of the judgment debtor's personal earnings was 2,371
......................... 2,372
2. The total probable amount due on the judgment, 2,374
including court costs, judgment interest, and, if applicable, 2,376
prejudgment interest, as stated in EITHER section A of the order 2,378
of garnishment of the judgment debtor's personal earnings OR IN 2,379
THE AFFIDAVIT OF CURRENT BALANCE DUE ON GARNISHMENT ORDER IF THAT 2,380
AFFIDAVIT HAS BEEN RECEIVED SUBSEQUENT TO THE ORDER OF 2,381
53
GARNISHMENT, is $..................... 2,382
3. THE PAY PERIOD OF THE JUDGMENT DEBTOR IS (ENTER WEEKLY, 2,384
BIWEEKLY, SEMIMONTHLY, OR MONTHLY. DO NOT ENTER A PAY PERIOD OF 2,385
MORE THAN ONE MONTH)....................... 2,386
4. THE DISPOSABLE EARNINGS OF THE JUDGMENT DEBTOR EARNED 2,388
DURING THE JUDGMENT DEBTOR'S PRESENT PAY PERIOD IS ("DISPOSABLE 2,389
EARNINGS" MEANS EARNINGS AFTER DEDUCTIONS REQUIRED BY LAW. 2,390
"PRESENT PAY PERIOD" MEANS THE PAY PERIOD FOR WHICH YOU ARE 2,391
COMPLETING THIS INTERIM REPORT AND ANSWER OF GARNISHEE.) 2,393
$................................
5. THE AMOUNT EQUAL TO TWENTY-FIVE PER CENT (25%) OF THE 2,395
JUDGMENT DEBTOR'S DISPOSABLE EARNINGS SET FORTH IN SECTION 4 OF 2,396
THIS FORM IS $.......................... 2,397
6. ............ TIMES THE CURRENT FEDERAL MINIMUM HOURLY 2,399
WAGE IS (IF THE JUDGMENT DEBTOR IS PAID WEEKLY, ENTER THIRTY 2,400
ABOVE, IF PAID BIWEEKLY, ENTER SIXTY, IF PAID SEMIMONTHLY, ENTER 2,401
SIXTY-FIVE, IF PAID MONTHLY, ENTER ONE HUNDRED THIRTY, THEN 2,402
CALCULATE THE AMOUNT.) $................ 2,403
7. THE AMOUNT BY WHICH THE AMOUNT IN SECTION 4 OF THIS 2,405
FORM EXCEEDS THE AMOUNT IN SECTION 6 OF THIS FORM IS............. 2,406
8. THE SMALLEST OF EITHER THE AMOUNT ENTERED IN SECTION 5 2,408
OF THIS FORM, THE AMOUNT ENTERED IN SECTION 7 OF THIS FORM, OR 2,409
THE AMOUNT ENTERED IN SECTION 2 OF THIS FORM, IS $............... 2,410
9. THE AMOUNT ENTERED IN SECTION 8 OF THIS FORM, PLUS OR 2,412
MINUS (AS APPROPRIATE) THE GARNISHEE'S PROCESSING FEE IS 2,413
$................. (IF THE AMOUNT ENTERED IN SECTION 8 OF THIS 2,414
FORM EQUALS THE AMOUNT ENTERED IN SECTION 2 OF THIS FORM, THEN 2,415
ADD UP TO THREE DOLLARS ($3); OTHERWISE SUBTRACT UP TO THREE 2,416
DOLLARS ($3))
10. OTHER DEDUCTIONS $.................................... 2,418
11. The CALCULATED amount that has been withheld from the 2,422
judgment debtor's personal earnings during the judgment debtor's 2,423
present pay period (which amount represents the amount specified 2,424
on line 6 of the "ANSWER OF EMPLOYER (GARNISHEE)" unless 2,425
54
otherwise stated) and that is submitted with this "INTERIM REPORT 2,428
AND ANSWER OF GARNISHEE" is $................. 2,429
I certify that the statements above are true. 2,431
.............................. 2,433
(Print Name of Employer) 2,435
.............................. 2,436
(Print Name and Title of 2,437
Person Who Completed Form) 2,438
Signed .......................................................... 2,441
(Signature of Person Who Completed Form) 2,444
dated this ............... day of..............., ......." 2,447
(B) One copy of the interim report and answer shall be 2,450
served upon the garnishee in accordance with section 2716.05 of 2,451
the Revised Code. The garnishee may photocopy that copy for use 2,454
in accordance with division (A) of this section and division 2,456
(C)(4) of section 2716.041 of the Revised Code. 2,458
(C) A GARNISHEE TO WHOM A MUNICIPAL OR COUNTY COURT OR 2,460
COURT OF COMMON PLEAS ISSUES A CONTINUOUS ORDER OF GARNISHMENT OF 2,461
PERSONAL EARNINGS SHALL FILE WITH THE COURT THE GARNISHEE'S 2,463
INTERIM REPORT AND ANSWER FOR EACH PAY PERIOD OF THE JUDGMENT 2,464
DEBTOR FOR WHICH AN AMOUNT FROM THE JUDGMENT DEBTOR'S PERSONAL 2,465
DISPOSABLE EARNINGS DURING THAT PAY PERIOD WAS WITHHELD FOR THAT 2,466
ORDER. THE GARNISHEE IS NOT REQUIRED TO FILE AN INTERIM REPORT 2,467
AND ANSWER FOR ANY PAY PERIOD FOR WHICH NO AMOUNT FROM THE 2,470
JUDGMENT DEBTOR'S PERSONAL DISPOSABLE EARNINGS DURING THAT PAY 2,471
PERIOD WAS WITHHELD FOR THAT ORDER.
Sec. 2716.08. (A) Subject to division (D) of section 2,480
2716.041 of the Revised Code, if a continuous order of 2,481
garnishment of personal earnings ceases to remain in effect 2,482
because of the operation of division (C)(1) of that section, the 2,484
garnishee shall file with the municipal or county court or court 2,485
of common pleas that issued the order the garnishee's final 2,486
report and answer that shall be substantially in the following 2,487
form:
55
"FINAL REPORT AND ANSWER OF GARNISHEE" 2,489
Case No. ..................... 2,491
In The ................. Court 2,492
........................, Ohio 2,493
.........., Judgment Creditor 2,494
vs. 2,496
.........., Judgment Debtor 2,498
The garnishee, .................., in the above case states 2,501
as follows: 2,502
1. The date that the garnishee received the order of 2,504
garnishment of the judgment debtor's personal earnings was 2,505
......................... 2,506
2. The total probable amount due on the judgment, 2,508
including court costs, judgment interest, and, if applicable, 2,510
prejudgment interest, as stated in section A of the order of 2,512
garnishment of the judgment debtor's personal earnings, is 2,513
$..................... 2,514
3. The total amount that has been withheld from the 2,516
judgment debtor's personal DISPOSABLE earnings and paid to the 2,517
court while the order of garnishment of the judgment debtor's 2,519
personal earnings remained in effect is $...................... 2,521
4. (When applicable) the total probable amount due on the 2,523
judgment (as stated in 2 above) is not equal to the total amount 2,524
that has been withheld (as stated in 3 above), and the reason for 2,526
that difference is that the order of garnishment of the judgment 2,527
debtor's personal earnings ceased to be in effect for the 2,528
following statutorily prescribed reason(s) (check whichever
apply): 2,529
(a) ..... A municipal or county court appointed a trustee 2,532
for the judgment debtor and issued an order that stays the order 2,533
of garnishment of the judgment debtor's personal earnings. 2,534
(b) ..... A federal bankruptcy court issued an order that 2,537
stays the order of garnishment of the judgment debtor's personal 2,538
earnings.
56
(c) ..... A municipal or county court or a court of 2,541
common pleas issued another order of garnishment of personal 2,542
earnings that relates to the judgment debtor and a different 2,543
judgment creditor, and Ohio or federal law provides the other 2,545
order a higher priority. (Set forth the name of the court that 2,546
issued the higher priority order, the associated case number, the 2,547
date that the higher priority order was received, and the balance 2,548
due to the relevant judgment creditor under that order): ....... 2,550
................................................................. 2,552
(d) ..... A municipal or county court or a court of 2,555
common pleas issued another order of garnishment of personal 2,556
earnings that relates to the judgment debtor and a different 2,557
judgment creditor and that is not described in 4(c) above. (Set 2,558
forth the name of the court that issued the subsequently received 2,560
order, the associated case number, the date that the subsequent 2,561
order was received, and the balance due to the relevant judgment 2,562
creditor under that order): .................................... 2,563
................................................................. 2,565
................................................................. 2,567
(e) ..... THE JUDGMENT CREDITOR OR JUDGMENT CREDITOR'S 2,569
ATTORNEY HAS ISSUED A REQUEST THAT THE ORDER OF GARNISHMENT BE 2,570
TERMINATED AND THE GARNISHEE RELEASED FROM THE MANDATES OF THE 2,571
ORDER OF GARNISHMENT.
(f) ..... JUDGMENT DEBTOR'S EMPLOYMENT TERMINATED ON: ... 2,573
(g) ..... OTHER: ....................................... 2,575
I certify that the statements above are true. 2,577
.............................. 2,579
(Print Name of Employer) 2,581
.............................. 2,582
(Print Name and Title of 2,583
Person Who Completed Form ON 2,584
BEHALF OF THE EMPLOYER)
Signed .......................................................... 2,587
(Signature of Person Who Completed Form EMPLOYER OR 2,589
57
EMPLOYER'S AGENT) 2,591
Dated this ............... day of .........., .................." 2,593
(B) One copy of the final report and answer shall be 2,596
served upon the garnishee in accordance with section 2716.05 of 2,597
the Revised Code. The garnishee shall use the final report and 2,600
answer in accordance with division (A) of this section and 2,601
division (C)(5) of section 2716.041 of the Revised Code. 2,604
Sec. 2716.09. A (A) EXCEPT AS OTHERWISE PROVIDED IN THIS 2,613
SECTION, A municipal or county court or court of common pleas 2,615
does not have jurisdiction to modify and interrupt the processing 2,616
of an order of garnishment of personal earnings that that court 2,617
issued in a proceeding in garnishment of personal earnings under 2,618
this chapter unless all of the following apply: 2,619
(A)(1) The judgment creditor and the judgment debtor 2,622
associated with that order jointly apply to that court for the 2,623
modification and interruption. 2,624
(B)(2) That judgment creditor and judgment debtor jointly 2,627
agree that the amount of the judgment debtor's personal 2,628
DISPOSABLE earnings that is required to be withheld during each 2,630
pay period under that court's order should be modified to a 2,631
mutually agreed upon and specified amount and that the garnishee 2,632
should withhold that specified amount until the judgment in favor 2,633
of the judgment creditor and the associated court costs, judgment 2,634
interest, and, if applicable, prejudgment interest awarded to the 2,636
judgment creditor have been paid in full or until that court's 2,637
order otherwise ceases to remain in effect under division (C)(1) 2,639
of section 2716.041 of the Revised Code. 2,640
(C)(3) That court enters an order that approves of the 2,643
modification described in division (B)(A)(2) of this section and 2,644
causes a copy of that order to be served upon the garnishee in 2,645
the same manner as process is served. 2,646
(B) A JUDGMENT CREDITOR OR JUDGMENT CREDITOR'S ATTORNEY 2,648
MAY REQUEST THAT THE CLERK OF THE COURT THAT ISSUED AN ORDER OF 2,649
GARNISHMENT OF PERSONAL EARNINGS DISBURSE THE GARNISHMENT 2,650
58
PROCEEDS ON A LESS FREQUENT BASIS THAN IS OTHERWISE PROVIDED BY 2,651
THIS CHAPTER. UPON RECEIVING THE REQUEST, THE CLERK MAY ELECT TO 2,652
DISBURSE THE GARNISHMENT PROCEEDS ON A TIME SCHEDULE OTHER THAN 2,653
THAT AS PROVIDED BY THIS CHAPTER.
Sec. 2716.21. (A) If the answer of a garnishee required 2,662
by section 2716.05 or 2716.13 of the Revised Code is not made in 2,663
writing as ordered by the court that issued the garnishment 2,664
order, the answer shall be made before the clerk of the court of 2,665
common pleas of the county in which the garnishee resides or, if 2,666
the garnishee resides outside of the state, before the clerk of 2,667
the county in which the garnishee was served or in which the 2,668
action is pending. Upon receipt of an answer under this 2,669
division, the clerk shall transmit it to the clerk of the court 2,670
in which the action is pending, if different, in the same manner 2,671
as depositions are required to be directed and transmitted. For 2,672
the clerk's services, the clerk shall receive the fees allowed by 2,674
law for taking depositions and to clerks for furnishing 2,675
certificates with their seals of office attached. 2,676
(B) After the order of garnishment is served on a 2,679
garnishee, as provided in section 2716.05 or 2716.13 of the 2,680
Revised Code, the garnishee shall return the answer to the court 2,681
that issued the garnishment order within five business days after 2,682
receipt of the order if the order is served under section 2716.05 2,684
of the Revised Code or before the date set for the hearing as 2,685
indicated on the order if the order is served under section 2,687
2716.13 of the Revised Code. The garnishee shall answer all 2,688
questions addressed to the garnishee regarding the personal 2,689
earnings of the judgment debtor or regarding the amount of money, 2,690
property, or credits, other than personal earnings, of the 2,691
judgment debtor that are in the garnishee's possession or under 2,692
the garnishee's control at the time of service of the order, 2,694
whichever is applicable. The garnishee shall truly disclose the 2,695
amount owed by the garnishee to the judgment debtor whether due 2,696
or not and, in the case of a corporation, any stock held in the 2,698
59
corporation by or for the benefit of the judgment debtor. If a 2,700
garnishee answers and it is discovered that, at the time of the 2,701
service of the order upon the garnishee, the garnishee possessed 2,703
any money, property, or credits of the judgment debtor or was 2,705
indebted to the judgment debtor, the court may order the payment 2,706
of the amount owed into court, or it may permit the garnishee to 2,707
retain the money, property, or credits or the amount owed upon 2,708
the garnishee's executing to the judgment creditor a bond with 2,710
sufficient surety to the effect that the amount will be paid as 2,711
the court directs.
(C) If, in a garnishee's answer, a garnishee admits an 2,713
indebtedness to the judgment debtor and the court orders the 2,715
payment of it in whole or in part to the judgment creditor, and 2,716
if the garnishee fails to pay according to the order, execution 2,717
may issue on the order. 2,718
(D) A garnishee shall pay the personal earnings owed to 2,720
the judgment debtor or the money or value of the property or 2,721
credits, other than personal earnings, of the judgment debtor in 2,722
the garnishee's possession or under the garnishee's control at 2,724
the time of service of the order of garnishment, or so much 2,725
thereof as the court orders, into court. The garnishee shall be 2,726
discharged from liability to the judgment debtor for money so 2,727
paid and shall not be subjected to costs beyond those caused by 2,728
the garnishee's resistance of the claims against the garnishee. 2,730
A garnishee is liable to the judgment creditor for all money, 2,733
property, and credits, other than personal earnings, of the 2,734
judgment debtor in the garnishee's possession or under the 2,736
garnishee's control or for all personal earnings due from the 2,737
garnishee to the judgment debtor, whichever is applicable, at the 2,740
time the garnishee is served with the order under section 2716.05 2,741
or 2716.13 of the Revised Code.
(E) If a garnishee fails to answer as required by this 2,743
section, answers but fails to answer satisfactorily, or fails to 2,744
comply with a proper order of a court in connection with a 2,745
60
garnishment under this chapter, the court may proceed against the 2,747
garnishee for contempt. 2,748
Upon the request of the judgment creditor, a special 2,750
examination of a garnishee may be had by the judgment creditor if 2,751
the garnishee fails to answer as required by this section, 2,752
answers but fails to answer satisfactorily, or fails to comply 2,753
with a proper order of a court in connection with the 2,754
garnishment. That examination may be conducted in the county in 2,755
which the garnishee resides. 2,756
(F)(1) If a garnishee fails to answer as required by this 2,758
section, answers and the garnishee's answer is not satisfactory 2,760
to the judgment creditor, or fails to comply with the order of 2,761
the court to pay the money owed or deliver the property into 2,762
court or to give the bond authorized under division (B) of this 2,763
section, the judgment creditor may proceed against the garnishee 2,764
by civil action. Thereupon, proceedings may be had as in other 2,765
civil actions. Judgment may be rendered in favor of the judgment 2,766
creditor for the amount of money owed the judgment debtor in the 2,767
garnishee's possession at the time the garnishee was served with 2,768
the order of garnishment under section 2716.05 or 2716.13 of the 2,770
Revised Code and, if it appears on the trial that the garnishee's 2,771
answer was incomplete, for the costs of the proceedings against 2,774
the garnishee. An action authorized under this division shall be 2,776
brought in the county in which the garnishee resides. 2,777
(2) A GARNISHEE WHO ACTS, OR ATTEMPTS TO ACT, IN 2,779
ACCORDANCE WITH CHAPTER 2716. OF THE REVISED CODE IS NOT LIABLE 2,780
FOR DAMAGES IN ANY CIVIL ACTION FOR ANY ACTION TAKEN PURSUANT TO 2,781
THAT CHAPTER IN GOOD FAITH OR ANY OMISSION MADE IN GOOD FAITH. 2,782
Section 2. That existing sections 1315.40, 1315.41, 2,784
2301.35, 2307.61, 2335.19, 2335.24, 2716.02, 2716.04, 2716.041, 2,785
2716.05, 2716.06, 2716.07, 2716.08, 2716.09, and 2716.21 of the 2,787
Revised Code are hereby repealed. 2,788
Section 3. The General Assembly hereby requests the Ohio 2,790
Judicial Conference to develop an Employer Guide to Processing 2,792
61
Continuous Orders of Garnishment that would outline the 2,793
requirements and procedures of an employer pursuant to sections
2329.66 and 2329.70 and Chapter 2716. of the Revised Code. 2,794