Am. Sub. S. B. No. 281 As Passed by the Senate

As Passed by the Senate

127th General Assembly

Regular Session

2007-2008

Am. Sub. S. B. No. 281

Senator Seitz

Cosponsors: Senators Cates, Jacobson, Mumper, Niehaus, Schuler, Spada, Wagoner, Boccieri, Cafaro, Fedor, Kearney, Mason, Miller, D., Morano, Roberts, Sawyer, Carey, Goodman, Harris, Miller, R., Schaffer, Smith, Wilson

A BILL

To amend sections 2329.66, 2716.02, 2716.03, 2716.05,

2716.11, and 2716.13 of the Revised Code to

increase the exemptions for property that a debtor

may hold exempt from execution, garnishment,

attachment, or sale for the satisfaction of a

judgment or order to reflect the higher exemptions

available for such property under the United

States Bankruptcy Code and to provide for

automatic adjustments to those exemptions based on

changes in the Consumer Price Index and to modify

the garnishment procedure.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2329.66, 2716.02, 2716.03, 2716.05,	12
2716.11, and 2716.13 of the Revised Code be amended to read as	13
follows:	14

Sec. 2329.66. (A) Every person who is domiciled in this	15
state may hold property exempt from execution, garnishment,	16
attachment, or sale to satisfy a judgment or order, as follows:	17

(1)(a) In the case of a judgment or order regarding money	18
owed for health care services rendered or health care supplies	19
provided to the person or a dependent of the person, one parcel or	20
item of real or personal property that the person or a dependent	21
of the person uses as a residence. Division (A)(1)(a) of this	22
section does not preclude, affect, or invalidate the creation	23
under this chapter of a judgment lien upon the exempted property	24
but only delays the enforcement of the lien until the property is	25
sold or otherwise transferred by the owner or in accordance with	26
other applicable laws to a person or entity other than the	27
surviving spouse or surviving minor children of the judgment	28
debtor. Every person who is domiciled in this state may hold	29
exempt from a judgment lien created pursuant to division (A)(1)(a)	30
of this section the person's interest, not to exceed ~~five~~twenty	31
thousand two hundred dollars, in the exempted property.	32

(b) In the case of all other judgments and orders, the	33
person's interest, not to exceed ~~five~~twenty thousand two hundred	34
dollars, in one parcel or item of real or personal property that	35
the person or a dependent of the person uses as a residence.	36

(2) The person's interest, not to exceed ~~one~~three thousand	37
two hundred twenty-five dollars, in one motor vehicle;	38

(3) ~~The person's interest, not to exceed two hundred dollars~~	39
~~in any particular item, in wearing apparel, beds, and bedding, and~~	40
~~the person's interest, not to exceed three hundred dollars in each~~	41
~~item, in one cooking unit and one refrigerator or other food~~	42
~~preservation unit;~~	43

~~(4)(a)~~ The person's interest, not to exceed four hundred	44
dollars, in cash on hand, money due and payable, money to become	45
due within ninety days, tax refunds, and money on deposit with a	46
bank, savings and loan association, credit union, public utility,	47
landlord, or other person. Division (A)~~(4)(a)~~(3) of this section	48
applies only in bankruptcy proceedings. This exemption may include	49
the portion of personal earnings that is not exempt under division	50
(A)(13) of this section.	51

~~(b) Subject to division (A)(4)(d) of this section, the~~(4)(a)	52
The person's interest, not to exceed ~~two~~five hundred twenty-five	53
dollars in any particular item or ten thousand seven hundred	54
seventy-five dollars in aggregate value, in household furnishings,	55
household goods, wearing apparel, appliances, books, animals,	56
crops, musical instruments, firearms, and hunting and fishing	57
equipment, that are held primarily for the personal, family, or	58
household use of the person;	59

~~(c) Subject to division (A)(4)(d) of this section, the~~(b)	60
The person's aggregate interest in one or more items of jewelry,	61
not to exceed ~~four~~one thousand three hundred fifty dollars ~~in one~~	62
~~item of jewelry and not to exceed two hundred dollars in every~~	63
~~other item of jewelry;~~	64

~~(d) Divisions (A)(4)(b) and (c) of this section do not~~	65
~~include items of personal property listed in division (A)(3) of~~	66
~~this section.~~	67

~~If the person does not claim an exemption under division~~	68
~~(A)(1) of this section, the total exemption claimed under division~~	69
~~(A)(4)(b) of this section shall be added to the total exemption~~	70
~~claimed under division (A)(4)(c) of this section, and the total~~	71
~~shall not exceed two thousand dollars. If the person claims an~~	72
~~exemption under division (A)(1) of this section, the total~~	73
~~exemption claimed under division (A)(4)(b) of this section shall~~	74
~~be added to the total exemption claimed under division (A)(4)(c)~~	75
~~of this section, and the total shall not exceed one thousand five~~	76
~~hundred dollars~~, held primarily for the personal, family, or	77
household use of the person or any of the person's dependents.	78

(5) The person's interest, not to exceed an aggregate of	79
~~seven hundred fifty~~two thousand twenty-five dollars, in all	80
implements, professional books, or tools of the person's	81
profession, trade, or business, including agriculture;	82

(6)(a) The person's interest in a beneficiary fund set apart,	83
appropriated, or paid by a benevolent association or society, as	84
exempted by section 2329.63 of the Revised Code;	85

(b) The person's interest in contracts of life or endowment	86
insurance or annuities, as exempted by section 3911.10 of the	87
Revised Code;	88

(c) The person's interest in a policy of group insurance or	89
the proceeds of a policy of group insurance, as exempted by	90
section 3917.05 of the Revised Code;	91

(d) The person's interest in money, benefits, charity,	92
relief, or aid to be paid, provided, or rendered by a fraternal	93
benefit society, as exempted by section 3921.18 of the Revised	94
Code;	95

(e) The person's interest in the portion of benefits under	96
policies of sickness and accident insurance and in lump sum	97
payments for dismemberment and other losses insured under those	98
policies, as exempted by section 3923.19 of the Revised Code.	99

(7) The person's professionally prescribed or medically	100
necessary health aids;	101

(8) The person's interest in a burial lot, including, but not	102
limited to, exemptions under section 517.09 or 1721.07 of the	103
Revised Code;	104

(9) The person's interest in the following:

105

(a) Moneys paid or payable for living maintenance or rights,	106
as exempted by section 3304.19 of the Revised Code;	107

(b) Workers' compensation, as exempted by section 4123.67 of	108
the Revised Code;	109

(c) Unemployment compensation benefits, as exempted by	110
section 4141.32 of the Revised Code;	111

(d) Cash assistance payments under the Ohio works first	112
program, as exempted by section 5107.75 of the Revised Code;	113

(e) Benefits and services under the prevention, retention,	114
and contingency program, as exempted by section 5108.08 of the	115
Revised Code;	116

(f) Disability financial assistance payments, as exempted by	117
section 5115.06 of the Revised Code.	118

(10)(a) Except in cases in which the person was convicted of	119
or pleaded guilty to a violation of section 2921.41 of the Revised	120
Code and in which an order for the withholding of restitution from	121
payments was issued under division (C)(2)(b) of that section or in	122
cases in which an order for withholding was issued under section	123
2907.15 of the Revised Code, and only to the extent provided in	124
the order, and except as provided in sections 3105.171, 3105.63,	125
3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the Revised	126
Code, the person's right to a pension, benefit, annuity,	127
retirement allowance, or accumulated contributions, the person's	128
right to a participant account in any deferred compensation	129
program offered by the Ohio public employees deferred compensation	130
board, a government unit, or a municipal corporation, or the	131
person's other accrued or accruing rights, as exempted by section	132
145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or 5505.22 of	133
the Revised Code, and the person's right to benefits from the Ohio	134
public safety officers death benefit fund;	135

(b) Except as provided in sections 3119.80, 3119.81, 3121.02,	136
3121.03, and 3123.06 of the Revised Code, the person's right to	137
receive a payment under any pension, annuity, or similar plan or	138
contract, not including a payment from a stock bonus or	139
profit-sharing plan or a payment included in division (A)(6)(b) or	140
(10)(a) of this section, on account of illness, disability, death,	141
age, or length of service, to the extent reasonably necessary for	142
the support of the person and any of the person's dependents,	143
except if all the following apply:	144

(i) The plan or contract was established by or under the	145
auspices of an insider that employed the person at the time the	146
person's rights under the plan or contract arose.	147

(ii) The payment is on account of age or length of service.

148

(iii) The plan or contract is not qualified under the	149
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as	150
amended.	151

(c) Except for any portion of the assets that were deposited	152
for the purpose of evading the payment of any debt and except as	153
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	154
3123.06 of the Revised Code, the person's right in the assets held	155
in, or to receive any payment under, any individual retirement	156
account, individual retirement annuity, "Roth IRA," or education	157
individual retirement account that provides benefits by reason of	158
illness, disability, death, or age, to the extent that the assets,	159
payments, or benefits described in division (A)(10)(c) of this	160
section are attributable to any of the following:	161

(i) Contributions of the person that were less than or equal	162
to the applicable limits on deductible contributions to an	163
individual retirement account or individual retirement annuity in	164
the year that the contributions were made, whether or not the	165
person was eligible to deduct the contributions on the person's	166
federal tax return for the year in which the contributions were	167
made;	168

(ii) Contributions of the person that were less than or equal	169
to the applicable limits on contributions to a Roth IRA or	170
education individual retirement account in the year that the	171
contributions were made;	172

(iii) Contributions of the person that are within the	173
applicable limits on rollover contributions under subsections 219,	174
402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B),	175
408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986,"	176
100 Stat. 2085, 26 U.S.C.A. 1, as amended.	177

(d) Except for any portion of the assets that were deposited	178
for the purpose of evading the payment of any debt and except as	179
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	180
3123.06 of the Revised Code, the person's right in the assets held	181
in, or to receive any payment under, any Keogh or "H.R. 10" plan	182
that provides benefits by reason of illness, disability, death, or	183
age, to the extent reasonably necessary for the support of the	184
person and any of the person's dependents.	185

(11) The person's right to receive spousal support, child	186
support, an allowance, or other maintenance to the extent	187
reasonably necessary for the support of the person and any of the	188
person's dependents;	189

(12) The person's right to receive, or moneys received during	190
the preceding twelve calendar months from, any of the following:	191

(a) An award of reparations under sections 2743.51 to 2743.72	192
of the Revised Code, to the extent exempted by division (D) of	193
section 2743.66 of the Revised Code;	194

(b) A payment on account of the wrongful death of an	195
individual of whom the person was a dependent on the date of the	196
individual's death, to the extent reasonably necessary for the	197
support of the person and any of the person's dependents;	198

(c) Except in cases in which the person who receives the	199
payment is an inmate, as defined in section 2969.21 of the Revised	200
Code, and in which the payment resulted from a civil action or	201
appeal against a government entity or employee, as defined in	202
section 2969.21 of the Revised Code, a payment, not to exceed ~~five~~	203
twenty thousand two hundred dollars, on account of personal bodily	204
injury, not including pain and suffering or compensation for	205
actual pecuniary loss, of the person or an individual for whom the	206
person is a dependent;	207

(d) A payment in compensation for loss of future earnings of	208
the person or an individual of whom the person is or was a	209
dependent, to the extent reasonably necessary for the support of	210
the debtor and any of the debtor's dependents.	211

(13) Except as provided in sections 3119.80, 3119.81,	212
3121.02, 3121.03, and 3123.06 of the Revised Code, personal	213
earnings of the person owed to the person for services in an	214
amount equal to the greater of the following amounts:	215

(a) If paid weekly, thirty times the current federal minimum	216
hourly wage; if paid biweekly, sixty times the current federal	217
minimum hourly wage; if paid semimonthly, sixty-five times the	218
current federal minimum hourly wage; or if paid monthly, one	219
hundred thirty times the current federal minimum hourly wage that	220
is in effect at the time the earnings are payable, as prescribed	221
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	222
U.S.C. 206(a)(1), as amended;	223

(b) Seventy-five per cent of the disposable earnings owed to	224
the person.	225

(14) The person's right in specific partnership property, as	226
exempted by division (B)(3) of section 1775.24 of the Revised	227
Code;	228

(15) A seal and official register of a notary public, as	229
exempted by section 147.04 of the Revised Code;	230

(16) The person's interest in a tuition unit or a payment	231
under section 3334.09 of the Revised Code pursuant to a tuition	232
payment contract, as exempted by section 3334.15 of the Revised	233
Code;	234

(17) Any other property that is specifically exempted from	235
execution, attachment, garnishment, or sale by federal statutes	236
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11	237
U.S.C.A. 101, as amended;	238

(18) The person's aggregate interest in any property, not to	239
exceed ~~four hundred~~one thousand seventy-five dollars~~, in any~~	240
~~property~~and any unused amount, not to exceed ten thousand one	241
hundred twenty-five dollars, of the exemption provided under	242
division (A)(1) of this section, except that division (A)(18) of	243
this section applies only in bankruptcy proceedings.	244

(B) On April 1, 2010, and on the first day of April in each	245
third calendar year after 2010, each dollar amount set forth in	246
this section shall be adjusted, when determining the amount that	247
is exempt from execution, garnishment, attachment, or sale	248
pursuant to this section, to reflect the change in the consumer	249
price index for all urban consumers, as published by the United	250
States department of labor, or, if that index is no longer	251
published, a generally available comparable index, for the	252
three-year period ending on the thirty-first day of December of	253
the preceding year. Any adjustments required by this division	254
shall be rounded to the nearest twenty-five dollars.	255

256

(1) "Disposable earnings" means net earnings after the	257
garnishee has made deductions required by law, excluding the	258
deductions ordered pursuant to section 3119.80, 3119.81, 3121.02,	259
3121.03, or 3123.06 of the Revised Code.	260

(2) "Insider" means:

261

(a) If the person who claims an exemption is an individual, a	262
relative of the individual, a relative of a general partner of the	263
individual, a partnership in which the individual is a general	264
partner, a general partner of the individual, or a corporation of	265
which the individual is a director, officer, or in control;	266

(b) If the person who claims an exemption is a corporation, a	267
director or officer of the corporation; a person in control of the	268
corporation; a partnership in which the corporation is a general	269
partner; a general partner of the corporation; or a relative of a	270
general partner, director, officer, or person in control of the	271
corporation;	272

(c) If the person who claims an exemption is a partnership, a	273
general partner in the partnership; a general partner of the	274
partnership; a person in control of the partnership; a partnership	275
in which the partnership is a general partner; or a relative in, a	276
general partner of, or a person in control of the partnership;	277

(d) An entity or person to which or whom any of the following	278
applies:	279

(i) The entity directly or indirectly owns, controls, or	280
holds with power to vote, twenty per cent or more of the	281
outstanding voting securities of the person who claims an	282
exemption, unless the entity holds the securities in a fiduciary	283
or agency capacity without sole discretionary power to vote the	284
securities or holds the securities solely to secure to debt and	285
the entity has not in fact exercised the power to vote.	286

(ii) The entity is a corporation, twenty per cent or more of	287
whose outstanding voting securities are directly or indirectly	288
owned, controlled, or held with power to vote, by the person who	289
claims an exemption or by an entity to which division	290
~~(B)~~(C)(2)(d)(i) of this section applies.	291

(iii) A person whose business is operated under a lease or	292
operating agreement by the person who claims an exemption, or a	293
person substantially all of whose business is operated under an	294
operating agreement with the person who claims an exemption.	295

(iv) The entity operates the business or all or substantially	296
all of the property of the person who claims an exemption under a	297
lease or operating agreement.	298

(e) An insider, as otherwise defined in this section, of a	299
person or entity to which division ~~(B)~~(C)(2)(d)(i), (ii), (iii),	300
or (iv) of this section applies, as if the person or entity were a	301
person who claims an exemption;	302

(f) A managing agent of the person who claims an exemption.

303

(3) "Participant account" has the same meaning as in section	304
148.01 of the Revised Code.	305

(4) "Government unit" has the same meaning as in section	306
148.06 of the Revised Code.	307

~~(C)~~(D) For purposes of this section, "interest" shall be	308
determined as follows:	309

(1) In bankruptcy proceedings, as of the date a petition is	310
filed with the bankruptcy court commencing a case under Title 11	311
of the United States Code;	312

(2) In all cases other than bankruptcy proceedings, as of the	313
date of an appraisal, if necessary under section 2329.68 of the	314
Revised Code, or the issuance of a writ of execution.	315

An interest, as determined under division ~~(C)~~(D)(1) or (2) of	316
this section, shall not include the amount of any lien otherwise	317
valid pursuant to section 2329.661 of the Revised Code.	318

Sec. 2716.02. (A) Any person seeking an order of garnishment	319
of personal earnings, after obtaining a judgment, shall make the	320
following demand in writing for the excess of the amount of the	321
judgment over the amount of personal earnings that may be exempt	322
from execution, garnishment, attachment, or sale to satisfy a	323
judgment or order, or for so much of the excess as will satisfy	324
the judgment. The demand shall be made after the judgment is	325
obtained and at least fifteen days and not more than forty-five	326
days before the order is sought by delivering it to the judgment	327
debtor by personal service by the court, by sending it to the	328
judgment debtor by certified mail, return receipt requested, or by	329
sending it to the judgment debtor by regular mail evidenced by a	330
properly completed and stamped certificate of mailing by regular	331
mail, addressed to the judgment debtor's last known place of	332
residence.	333

The demand shall be in substantially the following form:

334

"NOTICE OF COURT PROCEEDING TO COLLECT DEBT	335

Date of mailing or date of service by the court ..............	336

To: ..............................	337

(Name of Judgment Debtor)	338

..................................	339

(Last Known Residence Address of Judgment Debtor)	340

You owe the undersigned ....................... (Name of	341
Judgment Creditor) $.........., including interest and court	342
costs, for which a judgment was obtained against you or certified	343
in the .......... court on .........., payment of which is hereby	344
demanded.	345

If you do not do one of the three things listed below within	346
fifteen days of the date of the mailing of this notice or of its	347
service by the court, we will go to court, unless we are otherwise	348
precluded by law from doing so, and ask that your employer be	349
ordered to withhold money from your earnings until the judgment is	350
paid in full or, if applicable, is paid to a certain extent and to	351
pay the withheld money to the court in satisfaction of your debt.	352
This is called garnishment of personal earnings.	353

It is to your advantage to avoid garnishment of personal	354
earnings because the placing of the extra burden on your employer	355
possibly could cause you to lose your job.	356

YOU CAN AVOID THE GARNISHMENT BY DOING ONE OF THESE THREE	357
THINGS WITHIN THE FIFTEEN-DAY PERIOD:	358

(1) Pay to us the amount due;

359

(2) Complete the attached form entitled "Payment to Avoid	360
Garnishment" and return it to us with the payment, if any, shown	361
due on it; or	362

(3) Apply to your local municipal or county court or, if you	363
are not a resident of Ohio, to the municipal or county court in	364
whose jurisdiction your place of employment is located, for the	365
appointment of a trustee to receive the part of your earnings that	366
is not exempt from garnishment, and notify us that you have	367
applied for the appointment of a trustee. You will be required to	368
list your creditors, the amounts of their claims, and the amounts	369
due on their claims, and the amount you then will pay to your	370
trustee each payday will be divided among them until the debts are	371
paid off. This can be to your advantage because in the meantime	372
none of those creditors can garnish your wages.	373

You also may contact a budget and debt counseling service	374
described in division (D) of section 2716.03 of the Revised Code	375
for the purpose of entering into an agreement for debt scheduling.	376
There may not be enough time to set up an agreement for debt	377
scheduling in order to avoid a garnishment of your wages based	378
upon this demand for payment, but entering into an agreement for	379
debt scheduling might protect you from future garnishments of your	380
wages. Under an agreement for debt scheduling, you will have to	381
regularly pay a portion of your income to the service until the	382
debts subject to the agreement are paid off. This portion of your	383
income will be paid by the service to your creditors who are owed	384
debts subject to the agreement. This can be to your advantage	385
because these creditors cannot garnish your wages while you make	386
your payments to the service on time.	387

		..............................		388
		(Name of Judgment Creditor)		389
		..............................		390
		(Signature of Judgment Creditor		391
		or Judgment Creditor's Attorney)		392
		..............................		393
		..............................		394
		..............................		395
		(Address of Judgment Creditor)		396

PAYMENT TO AVOID GARNISHMENT	397

To: ..............................	398

(Name of Judgment Creditor)	399

..................................	400

..................................	401

(Address of Judgment Creditor)	402

To avoid the garnishment of personal earnings of which you	403
have given me notice, I enclose $ ............... to apply toward	404
my indebtedness to you. The amount of the payment was computed as	405
follows:	406

1.	Total amount of indebtedness demanded:	(1) $..........	407
2.	Enter the amount of your personal earnings,		408
	after deductions required by law, earned by		409
	you during the current pay period (that is,		410
	the pay period in which this demand is		411
	received by you):	(2) $..........	412
3.	(A) Enter your pay period (weekly, biweekly,		413
	semimonthly, monthly):	(3)(A) ........	414
	(B) Enter the date when your present pay		415
	period ends:	(3)(B) ........	416
4.	Enter an amount equal to 25% of the amount		417
	on line (2):	(4) ...........	418
5.	(A) The current federal minimum hourly wage		419
	is .......... (to be filled in by Judgment		420
	Creditor) (You should use the above figure		421
	to complete this portion of the form.)		422
	If you are paid weekly, enter thirty		423
	times the current federal minimum hourly		424
	wage; if paid biweekly, enter sixty times		425
	the current federal minimum hourly wage;		426
	if paid semimonthly, enter sixty-five		427
	times the current federal minimum		428
	hourly wage; if paid monthly, enter		429
	one hundred thirty times the current		430
	federal minimum hourly wage:	(5)(A) ........	431
	(B) Enter the amount by which the amount on		432
	line (2) exceeds the amount on line 5(A):	(5)(B) ........	433
6.	Enter the smallest of the amounts on line		434
	(1), (4), or 5(B). Send this amount to the		435
	judgment creditor along with this form after		436
	you have signed it:	(6) $..........	437

I certify that the statements contained above are true to the	438
best of my knowledge and belief.	439

		.......................................		440
		(Signature of Judgment Debtor)		441
		.......................................		442
		.......................................		443
		.......................................		444
		(Print Name and Residence Address of Judgment Debtor)		445

(To verify that the amount shown on line (2) is a true	446
statement of your earnings, you must either have your employer	447
certify below that the amount shown on line (2) is a true	448
statement of your earnings or you may submit copies of your pay	449
stubs for the two pay periods immediately prior to your receiving	450
this notice.)	451

I certify that the amount shown on line (2) is a true	452
statement of the judgment debtor's earnings.	453

		.......................................		454
		(Print Name of Employer)		455
		.......................................		456
		(Signature of Employer or Agent)		457

I certify that I have attached copies of my pay stubs for the	458
two pay periods immediately prior to my receiving this notice.	459

		......................................		460
		(Signature of Judgment Debtor)"		461

(B) If a judgment debtor properly completes a payment to	462
avoid garnishment and returns it with the required funds to the	463
judgment creditor or the judgment creditor's attorney, the	464
judgment creditor or the judgment creditor's attorney who issued	465
the notice of court proceeding to collect debt may not issue	466
another notice of court proceeding to collect debt to the judgment	467
debtor until the expiration date of the judgment debtor's present	468
pay period that is set forth by the judgment debtor and the	469
judgment debtor's employer in the answer to (3)(B) in the payment	470
to avoid garnishment.	471

(C) If an order of garnishment of personal earnings issued	472
pursuant to this chapter has not been paid in full when it ceases	473
to remain in effect because of the operation of division (C)(1) of	474
section 2716.041 of the Revised Code, the garnishee's duties under	475
the order of garnishment are complete with the filing of the final	476
report and answer of the garnishee. The judgment creditor must	477
institute new garnishment proceedings if the judgment creditor	478
wants an additional garnishment.	479

Sec. 2716.03. (A) Subject to the limitation on the	480
commencement of proceedings contained in division (B) of section	481
124.10 of the Revised Code, a proceeding in garnishment of	482
personal earnings may be commenced after a judgment has been	483
obtained by a judgment creditor by the filing of an affidavit in	484
writing made by the judgment creditor or the judgment creditor's	485
attorney setting forth all of the following:	486

(1) The name of the judgment debtor whose personal earnings	487
the judgment creditor seeks to garnish;	488

(2) ~~That the affiant has good reason to believe and does~~	489
~~believe that the person, partnership, limited liability company,~~	490
~~or corporation named in the affidavit as the garnishee is~~The name	491
and address of the garnishee who may be an employer of the	492
judgment debtor and who may have personal earnings of the judgment	493
debtor ~~that are not exempt under section 2329.66 of the Revised~~	494
~~Code~~;	495

(3) That the demand in writing, as required by section	496
2716.02 of the Revised Code, has been made;	497

(4) That the payment demanded in the notice required by	498
section 2716.02 of the Revised Code has not been made, and a	499
sufficient portion of the payment demanded has not been made to	500
prevent the garnishment of personal earnings as described in	501
section 2716.02 of the Revised Code;	502

(5) That the affiant has no knowledge of any application by	503
the judgment debtor for the appointment of a trustee so as to	504
preclude the garnishment of the judgment debtor's personal	505
earnings;	506

(6) That the affiant has no knowledge that the debt to which	507
the affidavit pertains is the subject of a debt scheduling	508
agreement of a nature that precludes the garnishment of the	509
personal earnings of the judgment debtor under division (B) of	510
this section.	511

(B) No proceeding in garnishment of personal earnings shall	512
be brought against a judgment debtor for the collection of a debt	513
that is the subject of an agreement for debt scheduling between	514
the judgment debtor and a budget and debt counseling service,	515
unless any payment to be made by the judgment debtor, or by a	516
budget and debt counseling service to the judgment creditor under	517
the agreement for debt scheduling between the judgment debtor and	518
the budget and debt counseling service, is due and unpaid for more	519
than forty-five days after the date on which the payment became	520
due, or unless the judgment creditor previously was notified by	521
the service that the debt scheduling agreement between the	522
judgment debtor and the service was terminated.	523

(C) Upon a court's issuance of an order of garnishment of	524
personal earnings following a judgment creditor's filing of an	525
affidavit under this section and compliance with section 2716.04	526
of the Revised Code, the garnishee and the judgment debtor shall	527
be notified of the proceeding in garnishment of personal earnings	528
in accordance with sections 2716.05 and 2716.06 of the Revised	529
Code.	530

(D) As used in this chapter:

531

(1) A "budget and debt counseling service" or "service" means	532
a corporation organized under Chapter 1702. of the Revised Code	533
for the purpose of counseling consumers with respect to their	534
financial obligations and assisting them in dealing with their	535
creditors.	536

(2) "Debt scheduling" means counseling and assistance	537
provided to a consumer by a budget and debt counseling service	538
under all of the following circumstances:	539

(a) The counseling and assistance is manifested in an	540
agreement between the consumer and the service under which the	541
consumer regularly pays that portion of the consumer's income to	542
the service that has been determined not to be required for the	543
maintenance of health or the essentials of life.	544

(b) The payments are made to the service until the debts of	545
the consumer that are the subject of the agreement are fully	546
retired.	547

(c) The service has sent written notice, by certified mail,	548
return receipt requested, or by regular mail evidenced by a	549
properly completed and stamped certificate of mailing by regular	550
mail, to the creditors of the consumer that are disclosed by the	551
consumer to the service. The notice shall contain all of the	552
following:	553

(i) A statement of the consumer's intent to participate in	554
debt scheduling;	555

(ii) A summary of the consumer's income, proposed itemized	556
budget, schedule of creditors, and proposed debt retirement plan;	557

(iii) A statement of the particular creditor's duty to	558
respond, in writing, to the service regarding the consumer's	559
participation in debt scheduling within fifteen days after	560
receiving the notice.	561

(d) The debts of the consumer that are the subject of the	562
agreement for debt scheduling are determined as follows:	563

(i) Any debt owed to a creditor that was notified of the	564
consumer's intent to participate is a subject of the agreement if	565
the creditor responds to the service and enters into an agreement	566
with the service, pursuant to which the creditor agrees not to	567
attempt to collect the debts of the consumer as long as the	568
consumer regularly pays to the service the amount previously	569
agreed upon by the service and the consumer, and no payment to be	570
made by the judgment debtor to the service or by the service to	571
the creditor is due and unpaid for more than forty-five days after	572
the date on which the payment became due, as long as the debt	573
scheduling agreement between the consumer and the service has not	574
been terminated, and as long as the service regularly pays to the	575
creditor a mutually acceptable amount that is either the amount	576
agreed upon by the service and the creditor on the date they	577
entered into their original agreement or an amount agreed upon by	578
both the service and the creditor on a date after the date of the	579
original agreement.	580

(ii) Any debt owed to a creditor that was notified of the	581
consumer's intent to participate is a subject of the agreement if	582
the creditor does not respond to the service and state the	583
creditor's objection, in writing, to the consumer's participation	584
in debt scheduling within fifteen days after receiving notice of	585
the consumer's intention to do so; however, no debt that is	586
subject to a lien or security interest of any type, other than a	587
judgment lien or execution lien, shall be a subject of the	588
agreement unless the creditor specifically assents, in writing, to	589
the debt being a subject of the agreement. The creditor shall be	590
considered to have entered into an agreement of the type described	591
in division (D)(2)(d)(i) of this section, and the amount to be	592
regularly paid by the service to the creditor shall be an amount	593
determined to be reasonable by the service or an amount agreed	594
upon by both the service and the creditor on a date after the	595
expiration of the fifteen-day period.	596

(iii) Any debt owed to a creditor that was not notified of	597
the consumer's intent to participate, or a debt owed to a creditor	598
that was notified of the consumer's intent to participate and that	599
responded to the service and stated its objection, in writing, to	600
the consumer's participation in debt scheduling within fifteen	601
days after receiving notice of the consumer's intention to do so,	602
is not a subject of the agreement.	603

(e) The service agrees that, if the consumer fails to make a	604
payment under the agreement within forty-five days of its due date	605
or if the agreement is terminated, the service will notify each	606
creditor that is owed a debt that is subject to the agreement of	607
the failure or termination by regular mail within two business	608
days of the failure or termination, and the service provides that	609
notice in accordance with the agreement.	610

Sec. 2716.05. The garnishee shall be served, in the same	611
manner as a summons is served, with three copies of the order of	612
garnishment of personal earnings and of a written notice that the	613
garnishee answer as provided in division (E) of section 2716.041	614
of the Revised Code, this section, and section 2716.21 of the	615
Revised Code and with the garnishee's fee required by section	616
2716.04 of the Revised Code. The garnishee also shall be served,	617
at that time, with two copies of the notice to the judgment debtor	618
form and of the request for hearing form described in section	619
2716.06 of the Revised Code, one copy of the interim report and	620
answer form described in section 2716.07 of the Revised Code, one	621
copy of the employer guide to processing continuous orders of	622
garnishment, and one copy of the final report and answer form	623
described in section 2716.08 of the Revised Code.	624

A court of common pleas or municipal or county court that	625
issues an order of garnishment of personal earnings has	626
jurisdiction to serve process pursuant to this section upon a	627
garnishee who does not reside within the territorial jurisdiction	628
of the court. If the garnishee does not reside within the	629
territorial jurisdiction of the court that issued the order, the	630
process may be served upon the garnishee by the proper officer of	631
the county in which the garnishee resides or may be served upon	632
the garnishee by personal service by the court, by sending it to	633
the garnishee by certified mail, return receipt requested, or by	634
sending it to the garnishee by regular mail evidenced by a	635
properly completed and stamped certificate of mailing by regular	636
mail.	637

The order of garnishment of personal earnings shall bind the	638
personal earnings of the judgment debtor due from the garnishee at	639
the time of service in accordance with this section. The order of	640
garnishment of personal earnings and notice to answer shall be in	641
substantially the following form:	642

"ORDER AND NOTICE OF GARNISHMENT	643

AND ANSWER OF EMPLOYER	644

	Docket No. ...................		645
	Case No. .....................		646
	In the ................. Court		647
	........................, Ohio		648

The State of Ohio	649

County of ....................., ss	650

......................., Judgment Creditor	651

vs.	652

......................., Judgment Debtor	653

SECTION A. COURT ORDER AND NOTICE OF GARNISHMENT	654

To: ............................................, Garnishee

655

The judgment creditor in the above case has filed an	656
affidavit, satisfactory to the undersigned, in this court stating	657
that you may owe the judgment debtor money for personal earnings	658
~~and that some of that money may not be exempt from garnishment~~	659
~~under the laws of the State of Ohio or the laws of the United~~	660
~~States~~.	661

You are therefore ordered to complete the "ANSWER OF EMPLOYER	662
(GARNISHEE)" in section B of this form. Return one completed and	663
signed copy of this form to the clerk of this court within five	664
(5) business days after you receive this order of garnishment.	665
Deliver one completed and signed copy of this form and the	666
accompanying documents entitled "NOTICE TO THE JUDGMENT DEBTOR"	667
and "REQUEST FOR HEARING" to the judgment debtor. Keep the other	668
completed and signed copy of this form for your files.	669

(The total probable amount now due on this judgment is	670
$................... The total probable amount now due includes	671
the unpaid portion of the judgment in favor of the judgment	672
creditor, which is $........; interest on that judgment and, if	673
applicable, prejudgment interest relative to that judgment at the	674
rate of .....% per annum payable until that judgment is satisfied	675
in full; and court costs in the amount of $..........)	676

This order of garnishment of personal earnings is a	677
continuous order that generally requires you to withhold a	678
specified amount, calculated each pay period at the statutory	679
percentage, of the judgment debtor's personal disposable earnings	680
during each pay period, as determined in accordance with the	681
"INTERIM REPORT AND ANSWER OF GARNISHEE," from the judgment	682
debtor's personal disposable earnings during each pay period of	683
the judgment debtor commencing with the first full pay period	684
beginning after you receive the order until the judgment in favor	685
of the judgment creditor and the associated court costs, judgment	686
interest, and, if applicable, prejudgment interest awarded to the	687
judgment creditor as described above have been paid in full. You	688
generally must pay that specified amount, calculated each pay	689
period at the statutory percentage, to the clerk of this court	690
within thirty (30) days after the end of each pay period of the	691
judgment debtor and must include with that specified amount	692
calculated each pay period at the statutory percentage an "INTERIM	693
REPORT AND ANSWER OF GARNISHEE" substantially in the form set	694
forth in section 2716.07 of the Ohio Revised Code. A copy of the	695
"INTERIM REPORT AND ANSWER OF GARNISHEE" is attached to this order	696
of garnishment of personal earnings, and you may photocopy it to	697
use each time you pay the specified amount to the clerk of this	698
court. You are permitted to deduct a processing fee of up to three	699
dollars from the judgment debtor's personal disposable earnings	700
for any pay period of the judgment debtor that an amount was	701
withheld for that order (the processing fee is not a part of the	702
court costs). You are not required to file with the court the	703
"INTERIM REPORT AND ANSWER OF GARNISHEE" for any pay period of the	704
judgment debtor for which an amount from the judgment debtor's	705
personal disposable earnings during that pay period was not	706
withheld for that order.	707

This order of garnishment of personal earnings generally will	708
remain in effect until one of the following occurs:	709

(1) The total probable amount due on the judgment as	710
described above is paid in full as a result of your withholding of	711
the specified amount, calculated each pay period at the statutory	712
percentage, from the judgment debtor's personal disposable	713
earnings during each pay period of the judgment debtor that	714
commenced with the first full pay period beginning after you	715
received the order.	716

(2) The judgment creditor or the judgment creditor's attorney	717
files with this court a written notice that the total probable	718
amount due on the judgment as described above has been satisfied	719
or the judgment creditor or the judgment creditor's attorney files	720
a written request to terminate this order of garnishment and	721
release you from the mandate of this order of garnishment.	722

(3) A municipal or county court appoints a trustee for the	723
judgment debtor and issues to you an order that stays this order	724
of garnishment of personal earnings.	725

(4) A federal bankruptcy court issues to you an order that	726
stays this order of garnishment of personal earnings.	727

(5) A municipal or county court or a court of common pleas	728
issues to you another order of garnishment of personal earnings	729
that relates to the judgment debtor and a different judgment	730
creditor, and Ohio or federal law provides the other order with a	731
higher priority than this order.	732

(6) A municipal or county court or a court of common pleas	733
issues to you another order of garnishment of personal earnings	734
that relates to the judgment debtor and a different judgment	735
creditor and that does not have a higher priority than this order.	736

(7) The judgment creditor or the judgment creditor's attorney	737
files with this court a written request to terminate and release	738
the order of garnishment, and as a result, the order of	739
garnishment will cease to remain in effect.	740

Under any of the circumstances listed above, you are required	741
to file with this court a "FINAL REPORT AND ANSWER OF GARNISHEE"	742
substantially in the form set forth in section 2716.08 of the Ohio	743
Revised Code. A copy of the "FINAL REPORT AND ANSWER OF GARNISHEE"	744
is attached to this order of garnishment of personal earnings.	745
Under the circumstances listed in (5) and (6) above, you must	746
cease processing this order of garnishment after the expiration of	747
the full pay period within which the one hundred eighty-second	748
(182) day after you began processing it falls.	749

Special stacking, priority of payment, and manner of payment	750
rules apply when a garnishee receives multiple orders of	751
garnishment with respect to the same judgment debtor. These rules	752
are set forth in section 2716.041 of the Ohio Revised Code. An	753
employer guide to processing continuous orders of garnishment is	754
included with this order of garnishment. You should become	755
familiar with these rules.	756

Witness my hand and the seal of this court this ...........	757
day of ..................., ......	758

..............................

Judge

SECTION B. ANSWER OF EMPLOYER (GARNISHEE)	759

(An employer is one who is required to withhold payroll taxes out	760
of payments of personal earnings made to the judgment debtor.)	761

(Answer all pertinent questions)	762

Now comes ..............................., the employer	763
(garnishee) herein, who says:	764

1.	This order of garnishment of personal			765
	earnings was received on ............			766
		Yes	No	767
2.	The judgment debtor is in my/our employ.	.....	.....	768
	If answer is "No," give date of last			769
	employment.	(2) ...........		770
		Yes	No	771
3.	(A) Is the debt to which this order of			772
	garnishment of personal earnings pertains			773
	the subject of an existing agreement for			774
	debt scheduling between the judgment			775
	debtor and a budget and debt counseling			776
	service and has the judgment debtor			777
	made every payment that was due under			778
	the agreement for debt scheduling no			779
	later than forty-five days after the			780
	date on which the payment was due?	.....	.....	781
	If the answer to both parts of this			782
	question is "Yes," give all available			783
	details of the agreement, sign this			784
	form, and return it to the court.	3(A)..............		785
	.............................................................			786
	.............................................................			787
		Yes	No	788
	(B) Were you, on the date that you			789
	received this order of garnishment of			790
	personal earnings, withholding			791
	moneys from the judgment debtor's			792
	personal disposable earnings			793
	pursuant to another order of			794
	garnishment of personal earnings that			795
	Ohio or federal law provides with a			796
	higher priority than this order of			797
	garnishment of personal earnings			798
	(such as a support order or Internal			799
	Revenue ~~service~~ Service levy)?	.....	.....	800
	If the answer to this question is			801
	"Yes," give the name of the court			802
	that issued the higher priority order,			803
	the associated case number, the date			804
	upon which you received that order,			805
	and the balance due to the relevant			806
	judgment creditor under that order.	3(B)..............		807
	.............................................................			808
		Yes	No	809
	(C) Did you receive prior to the date			810
	that you received this order of			811
	garnishment of personal earnings one			812
	or more other orders of garnishment			813
	of personal earnings that are not			814
	described in question 3(B), and are			815
	you currently processing one or more			816
	of those orders for the statutorily			817
	required time period or holding one or			818
	more of those orders for processing			819
	for a statutorily required period in			820
	the sequence of their receipt by you?	.....	.....	821
	If the answer to this question is			822
	"Yes," give the name of the court			823
	that issued each of those previously			824
	received orders, the associated case			825
	numbers, the date upon which you			826
	received each of those orders, and			827
	the balance due to the relevant			828
	judgment creditor under each of			829
	those orders. List first the previously			830
	received order(s) that you are			831
	currently processing, and list each			832
	of the other previously received orders			833
	in the sequence that you are required			834
	to process them.	3(C)..............		835
	.............................................................			836
	.............................................................			837
	.............................................................			838

I certify that the statements above are true.	839

	..............................		840
	(Print Name of Employer)		841
	..............................		842
	(Print Name and Title of		843
	Person Who Completed Form on		844
	behalf of the Employer)		845

Signed ........................................................	846

(Signature of Employer or Employer's Agent)	847

Dated this ........... day of ..........., ....."	848

Section A of the form described in this section shall be	849
completed before service. Section B of the form shall be completed	850
by the garnishee, and the garnishee shall file one completed and	851
signed copy of the form with the clerk of the court as the	852
garnishee's answer. The garnishee may keep one completed and	853
signed copy of the form and shall deliver the other completed and	854
signed copy of the form to the judgment debtor not later than the	855
time that the garnishee otherwise would pay the judgment debtor	856
the personal earnings that the garnishee instead is paying to the	857
court. The garnishee also shall deliver at that time the two	858
copies of the notice to the judgment debtor form and of the	859
request for hearing form described in section 2716.06 of the	860
Revised Code that were served on the garnishee.	861

No employer shall discharge an employee solely because of the	862
successful garnishment of the employee's personal earnings by only	863
one judgment creditor in any twelve-month period.	864

If several affidavits seeking orders of garnishment of	865
personal earnings are filed against the same judgment debtor in	866
accordance with section 2716.03 of the Revised Code, the court	867
involved shall issue the requested orders in the same order in	868
which the clerk received the associated affidavits.	869

The garnishee also shall be served with a copy of the	870
employer guide to processing continuous orders of garnishment at	871
the same time that the forms as provided in this section are	872
served upon the garnishee.	873

Sec. 2716.11. A proceeding for garnishment of property,	874
other than personal earnings, may be commenced after a judgment	875
has been obtained by a judgment creditor by the filing of an	876
affidavit in writing made by the judgment creditor or the judgment	877
creditor's attorney setting forth all of the following:	878

(A) The name of the judgment debtor whose property~~, other~~	879
~~than personal earnings,~~ the judgment creditor seeks to garnish;	880

(B) ~~That the affiant has a reasonable basis to believe that~~	881
~~the person named in the affidavit as the garnishee may have~~	882
~~property, other than personal earnings, of the judgment debtor~~	883
~~that is not exempt under the law of this state or the United~~	884
~~States;~~	885

~~(C)~~ A description of the property;

886

(C) The name and address of the garnishee who may have in the	887
garnishee's hands or control money, property, or credits, other	888
than personal earnings, of the judgment debtor.	889

Sec. 2716.13. (A) Upon the filing of a proceeding in	890
garnishment of property, other than personal earnings, under	891
section 2716.11 of the Revised Code, the court shall cause the	892
matter to be set for hearing within twelve days after that filing.	893

(B) Upon the scheduling of a hearing relative to a proceeding	894
in garnishment of property, other than personal earnings, under	895
division (A) of this section, the clerk of the court immediately	896
shall issue to the garnishee three copies of the order of	897
garnishment of property, other than personal earnings, and of a	898
written notice that the garnishee answer as provided in section	899
2716.21 of the Revised Code and the garnishee's fee required by	900
section 2716.12 of the Revised Code. The copies of the order and	901
of the notice shall be served upon the garnishee in the same	902
manner as a summons is served and the clerk shall also mail a copy	903
of the order and notice of garnishment to the garnishee by	904
ordinary or regular mail service. The copies of the order and of	905
the notice shall not be served later than seven days prior to the	906
date on which the hearing is scheduled. The order shall bind the	907
property, other than personal earnings, of the judgment debtor in	908
the possession of the garnishee at the time of service. Any	909
garnishee that garnishes the property, other than personal	910
earnings, of a judgment debtor in good faith reliance upon the	911
order and notice of garnishment received by ordinary or regular	912
mail service shall not be liable for damages in any civil action.	913

The order of garnishment of property, other than personal	914
earnings, and notice to answer shall be in substantially the	915
following form:	916

"ORDER AND NOTICE OF GARNISHMENT	917

OF PROPERTY OTHER THAN PERSONAL EARNINGS	918

AND ANSWER OF GARNISHEE	919

	Docket No. ...................		920
	Case No. .....................		921
	In the ................. Court		922
	........................, Ohio		923

The State of Ohio	924

County of ............, ss	925

..................., Judgment Creditor	926

vs.	927

..................., Judgment Debtor	928

SECTION A. COURT ORDER AND NOTICE OF GARNISHMENT	929

To: ...................., Garnishee	930

The judgment creditor in the above case has filed an	931
affidavit, satisfactory to the undersigned, in this Court stating	932
that you may have money, property, or credits, other than personal	933
earnings, in your hands or under your control that belong to the	934
judgment debtor~~, and that some of the money, property, or credits~~	935
~~may not be exempt from garnishment under the laws of the State of~~	936
~~Ohio or the laws of the United States~~.	937

You are therefore ordered to complete the "ANSWER OF	938
GARNISHEE" in section (B) of this form. Return one completed and	939
signed copy of this form to the clerk of this court together with	940
the amount determined in accordance with the "ANSWER OF GARNISHEE"	941
by the following date on which a hearing is tentatively scheduled	942
relative to this order of garnishment: ............ Deliver one	943
completed and signed copy of this form to the judgment debtor	944
prior to that date. Keep the other completed and signed copy of	945
this form for your files.	946

The total probable amount now due on this judgment is	947
$.......... The total probable amount now due includes the unpaid	948
portion of the judgment in favor of the judgment creditor, which	949
is $..........; interest on that judgment and, if applicable,	950
prejudgment interest relative to that judgment at the rate of	951
.....% per annum payable until that judgment is satisfied in full;	952
and court costs in the amount of $...........	953

You also are ordered to hold safely anything of value that	954
belongs to the judgment debtor and that has to be paid to the	955
court, as determined under the "ANSWER OF GARNISHEE" in section	956
(B) of this form, but that is of such a nature that it cannot be	957
so delivered, until further order of the court.	958

Witness my hand and the seal of this court this ..........	959
day of .........., ..........	960

	.........................		961
	Judge		962

SECTION B. ANSWER OF GARNISHEE	963

Now comes .................... the garnishee, who says:

964

1. That the garnishee has money, property, or credits, other	965
than personal earnings, of the judgment debtor under the	966
garnishee's control and in the garnishee's possession.	967

...............	...............	...................		968
yes	no	if yes, amount		969

2. That property is described as:

970

3. If the answer to line 1 is "yes" and the amount is less	971
than the probable amount now due on the judgment, as indicated in	972
section (A) of this form, sign and return this form and pay the	973
amount of line 1 to the clerk of this court.	974

4. If the answer to line 1 is "yes" and the amount is greater	975
than that probable amount now due on the judgment, as indicated in	976
section (A) of this form, sign and return this form and pay that	977
probable amount now due to the clerk of this court.	978

5. If the answer to line 1 is "yes" but the money, property,	979
or credits are of such a nature that they cannot be delivered to	980
the clerk of the court, indicate that by placing an "X" in this	981
space: ...... Do not dispose of that money, property, or credits	982
or give them to anyone else until further order of the court.	983

6. If the answer to line 1 is "no," sign and return this form	984
to the clerk of this court.	985

I certify that the statements above are true.

986

	..............................		987
	(Print Name of Garnishee)		988
	..............................		989
	(Print Name and Title of		990
	Person Who Completed Form)		991

Signed........................................................	992

(Signature of Person Completing Form)	993

Dated this .......... day of .........., ....."	994

Section A of the form described in this division shall be	995
completed before service. Section B of the form shall be completed	996
by the garnishee, and the garnishee shall file one completed and	997
signed copy of the form with the clerk of the court as the	998
garnishee's answer. The garnishee may keep one completed and	999
signed copy of the form and shall deliver the other completed and	1000
signed copy of the form to the judgment debtor.	1001

If several affidavits seeking orders of garnishment of	1002
property, other than personal earnings, are filed against the same	1003
judgment debtor in accordance with section 2716.11 of the Revised	1004
Code, the court involved shall issue the requested orders in the	1005
same order in which the clerk received the associated affidavits.	1006

(C)(1) At the time of the filing of a proceeding in	1007
garnishment of property, other than personal earnings, under	1008
section 2716.11 of the Revised Code, the judgment creditor also	1009
shall file with the clerk of the court a praecipe instructing the	1010
clerk to issue to the judgment debtor a notice to the judgment	1011
debtor form and a request for hearing form. Upon receipt of the	1012
praecipe and the scheduling of a hearing relative to an action in	1013
garnishment of property, other than personal earnings, under	1014
division (A) of this section, the clerk of the court immediately	1015
shall serve upon the judgment debtor, in accordance with division	1016
(D) of this section, two copies of the notice to the judgment	1017
debtor form and of the request for hearing form. The copies of	1018
the notice to the judgment debtor form and of the request for	1019
hearing form shall not be served later than seven days prior to	1020
the date on which the hearing is scheduled.	1021

(a) The notice to the judgment debtor that must be served	1022
upon the judgment debtor shall be in substantially the following	1023
form:	1024

"(Name and Address of the Court)	1025

(Case Caption) ......................... Case No. .............	1026

NOTICE TO THE JUDGMENT DEBTOR	1027

You are hereby notified that this court has issued an order	1028
in the above case in favor of (name and address of judgment	1029
creditor), the judgment creditor in this proceeding, directing	1030
that some of your money, property, or credits, other than personal	1031
earnings, that now may be in the possession of (name and address	1032
of garnishee), the garnishee in this proceeding, be used to	1033
satisfy your debt to the judgment creditor. This order was issued	1034
on the basis of the judgment creditor's judgment against you that	1035
was obtained in (name of court) in (case number) on (date). Upon	1036
your receipt of this notice, you are prohibited from removing or	1037
attempting to remove the money, property, or credits until	1038
expressly permitted by the court. Any violation of this	1039
prohibition subjects you to punishment for contempt of court.	1040

The law of Ohio and the United States provides that certain	1041
benefit payments cannot be taken from you to pay a debt. Typical	1042
among the benefits that cannot be attached or executed upon by a	1043
creditor are the following:	1044

(1) Workers' compensation benefits;

1045

(2) Unemployment compensation payments;

1046

(3) Cash assistance payments under the Ohio works first	1047
program;	1048

(4) Benefits and services under the prevention, retention,	1049
and contingency program;	1050

(5) Disability financial assistance administered by the Ohio	1051
department of job and family services;	1052

(6) Social security benefits;

1053

(7) Supplemental security income (S.S.I.);

1054

(8) Veteran's benefits;

1055

(9) Black lung benefits;

1056

(10) Certain pensions.

1057

There may be other benefits not included in the above list	1058
that apply in your case.	1059

If you dispute the judgment creditor's right to garnish your	1060
property and believe that the judgment creditor should not be	1061
given your money, property, or credits, other than personal	1062
earnings, now in the possession of the garnishee because they are	1063
exempt or if you feel that this order is improper for any other	1064
reason, you may request a hearing before this court by disputing	1065
the claim in the request for hearing form, appearing below, or in	1066
a substantially similar form, and delivering the request for	1067
hearing to this court at the above address, at the office of the	1068
clerk of this court no later than the end of the fifth business	1069
day after you receive this notice. You may state your reasons for	1070
disputing the judgment creditor's right to garnish your property	1071
in the space provided on the form; however, you are not required	1072
to do so. If you do state your reasons for disputing the judgment	1073
creditor's right, you are not prohibited from stating any other	1074
reason at the hearing. If you do not state your reasons, it will	1075
not be held against you by the court, and you can state your	1076
reasons at the hearing. NO OBJECTIONS TO THE JUDGMENT ITSELF WILL	1077
BE HEARD OR CONSIDERED AT THE HEARING. If you request a hearing,	1078
the hearing will be limited to a consideration of the amount of	1079
your money, property, or credits, other than personal earnings, in	1080
the possession or control of the garnishee, if any, that can be	1081
used to satisfy all or part of the judgment you owe to the	1082
judgment creditor.	1083

If you request a hearing by delivering your request for	1084
hearing no later than the end of the fifth business day after you	1085
receive this notice, it will be conducted in .......... courtroom	1086
.........., (address of court), at ..... m. on ..........,	1087
.......... You may request the court to conduct the hearing before	1088
this date by indicating your request in the space provided on the	1089
form; the court then will send you notice of any change in the	1090
date, time, or place of the hearing. If you do not request a	1091
hearing by delivering your request for a hearing no later than the	1092
end of the fifth business day after you receive this notice, some	1093
of your money, property, or credits, other than personal earnings,	1094
will be paid to the judgment creditor.	1095

If you have any questions concerning this matter, you may	1096
contact the office of the clerk of this court. If you want legal	1097
representation, you should contact your lawyer immediately. If you	1098
need the name of a lawyer, contact the local bar association.	1099

	..............................		1100
	Clerk of the Court		1101
	..............................		1102
	Date"		1103

(b) The request for hearing form that must be served upon the	1104
judgment debtor shall have attached to it a postage-paid,	1105
self-addressed envelope or shall be on a postage-paid	1106
self-addressed postcard, and shall be in substantially the	1107
following form:	1108

"(Name and Address of Court)	1109

Case Number ........................... Date ....................	1110

REQUEST FOR HEARING	1111

I dispute the judgment creditor's right to garnish my money,	1112
property, or credits, other than personal earnings, in the above	1113
case and request that a hearing in this matter be held	1114

..................................................................	1115

(Insert "on" or "earlier than")	1116

the date and time set forth in the document entitled "NOTICE TO	1117
THE JUDGMENT DEBTOR" that I received with this request form.	1118

I dispute the judgment creditor's right to garnish my	1119
property for the following reasons:	1120

..................................................................	1121

(Optional)	1122

..................................................................	1123

..................................................................	1124

I UNDERSTAND THAT NO OBJECTIONS TO THE JUDGMENT ITSELF WILL	1125
BE HEARD OR CONSIDERED AT THE HEARING.	1126

	..............................		1127
	(Name of Judgment Debtor)		1128
	..............................		1129
	(Signature)		1130
	..............................		1131
	(Date)		1132

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A	1133
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK	1134
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT,	1135
YOU WAIVE YOUR RIGHT TO A HEARING AND SOME OF YOUR MONEY,	1136
PROPERTY, OR CREDITS, OTHER THAN PERSONAL EARNINGS, NOW IN THE	1137
POSSESSION OF (GARNISHEE'S NAME) WILL BE PAID TO (JUDGMENT	1138
CREDITOR'S NAME) TO SATISFY SOME OF YOUR DEBT TO (JUDGMENT	1139
CREDITOR'S NAME)."	1140

(2) The judgment debtor may receive a hearing in accordance	1141
with this division by delivering a written request for hearing to	1142
the court within five business days after receipt of the notice	1143
provided pursuant to division (C)(1) of this section. The request	1144
may set forth the judgment debtor's reasons for disputing the	1145
judgment creditor's right to garnish the money, property, or	1146
credits, other than personal earnings; however, neither the	1147
judgment debtor's inclusion of nor failure to include those	1148
reasons upon the request constitutes a waiver of any defense of	1149
the judgment debtor or affects the judgment debtor's right to	1150
produce evidence at the hearing. If the request is made by the	1151
judgment debtor within the prescribed time, the hearing shall be	1152
limited to a consideration of the amount of money, property, or	1153
credits, other than personal earnings, of the judgment debtor in	1154
the hands of the garnishee, if any, that can be used to satisfy	1155
all or part of the debt owed by the judgment debtor to the	1156
judgment creditor. If a request for a hearing is not received by	1157
the court within the prescribed time, the hearing scheduled	1158
pursuant to division (A) of this section shall be canceled unless	1159
the court grants the judgment debtor a continuance in accordance	1160
with division (C)(3) of this section.	1161

(3) If the judgment debtor does not request a hearing in the	1162
action within the prescribed time pursuant to division (C)(2) of	1163
this section, the court nevertheless may grant a continuance of	1164
the scheduled hearing if the judgment debtor, prior to the time at	1165
which the hearing was scheduled, as indicated on the notice to the	1166
judgment debtor required by division (C)(1) of this section,	1167
establishes a reasonable justification for failure to request the	1168
hearing within the prescribed time. If the court grants a	1169
continuance of the hearing, it shall cause the matter to be set	1170
for hearing as soon as practicable thereafter. The continued	1171
hearing shall be conducted in accordance with division (C)(2) of	1172
this section.	1173

(4) The court may conduct the hearing on the matter prior to	1174
the time at which the hearing was scheduled, as indicated on the	1175
notice to the judgment debtor required by division (C)(1) of this	1176
section, upon the request of the judgment debtor. The parties	1177
shall be sent notice, by the clerk of the court, by regular mail,	1178
of any change in the date, time, or place of the hearing.	1179

(5) If the scheduled hearing is canceled and no continuance	1180
is granted, the court shall issue an order to the garnishee to pay	1181
all or some of the money, property, or credits, other than	1182
personal earnings, of the judgment debtor in the possession of the	1183
garnishee at the time of service of the notice and order into	1184
court if they have not already been paid to the court. This order	1185
shall be based on the answer of the garnishee filed pursuant to	1186
this section. If the scheduled hearing is conducted or if it is	1187
continued and conducted, the court shall determine at the hearing	1188
the amount of the money, property, or credits, other than personal	1189
earnings, of the judgment debtor in the possession of the	1190
garnishee at the time of service of the notice and order, if any,	1191
that can be used to satisfy all or part of the debt owed by the	1192
judgment debtor to the judgment creditor, and issue an order,	1193
accordingly, to the garnishee to pay that amount into court if it	1194
has not already been paid to the court.	1195

(D) The notice to the judgment debtor form and the request	1196
for hearing form described in division (C) of this section shall	1197
be sent by the clerk by ordinary or regular mail service unless	1198
the judgment creditor requests that service be made in accordance	1199
with the Rules of Civil Procedure, in which case the forms shall	1200
be served in accordance with the Rules of Civil Procedure. Any	1201
court of common pleas that issues an order of garnishment of	1202
property, other than personal earnings, under this section has	1203
jurisdiction to serve process pursuant to this section upon a	1204
garnishee who does not reside within the jurisdiction of the	1205
court. Any county court or municipal court that issues an order of	1206
garnishment of property, other than personal earnings, under this	1207
section has jurisdiction to serve process pursuant to this section	1208
upon a garnishee who does not reside within the jurisdiction of	1209
the court.	1210

Section 2. That existing sections 2329.66, 2716.02, 2716.03,	1211
2716.05, 2716.11, and 2716.13 of the Revised Code are hereby	1212
repealed.	1213