Sub. S. B. No. 281 As Reported by the House Judiciary Committee

As Reported by the House Judiciary Committee

127th General Assembly

Regular Session

2007-2008

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
Representatives Dyer, Budish

A BILL

To amend sections 2329.66, 2716.02, 2716.03, 2716.05,

2716.11, 2716.13, and 3923.19 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, to modify the garnishment procedure, and

to expand the amount of benefits under sickness

and accident insurance policies that are exempt

from attachment and other process.

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

Section 1. That sections 2329.66, 2716.02, 2716.03, 2716.05,	15
2716.11, 2716.13, and 3923.19 of the Revised Code be amended to	16
read as follows:	17

Sec. 2329.66. (A) Every person who is domiciled in this	18
state may hold property exempt from execution, garnishment,	19
attachment, or sale to satisfy a judgment or order, as follows:	20

(1)(a) In the case of a judgment or order regarding money	21
owed for health care services rendered or health care supplies	22
provided to the person or a dependent of the person, one parcel or	23
item of real or personal property that the person or a dependent	24
of the person uses as a residence. Division (A)(1)(a) of this	25
section does not preclude, affect, or invalidate the creation	26
under this chapter of a judgment lien upon the exempted property	27
but only delays the enforcement of the lien until the property is	28
sold or otherwise transferred by the owner or in accordance with	29
other applicable laws to a person or entity other than the	30
surviving spouse or surviving minor children of the judgment	31
debtor. Every person who is domiciled in this state may hold	32
exempt from a judgment lien created pursuant to division (A)(1)(a)	33
of this section the person's interest, not to exceed ~~five~~twenty	34
thousand two hundred dollars, in the exempted property.	35

(b) In the case of all other judgments and orders, the	36
person's interest, not to exceed ~~five~~twenty thousand two hundred	37
dollars, in one parcel or item of real or personal property that	38
the person or a dependent of the person uses as a residence.	39

(2) The person's interest, not to exceed ~~one~~three thousand	40
two hundred twenty-five dollars, in one motor vehicle;	41

(3) ~~The person's interest, not to exceed two hundred dollars~~	42
~~in any particular item, in wearing apparel, beds, and bedding, and~~	43
~~the person's interest, not to exceed three hundred dollars in each~~	44
~~item, in one cooking unit and one refrigerator or other food~~	45
~~preservation unit;~~	46

~~(4)(a)~~ The person's interest, not to exceed four hundred	47
dollars, in cash on hand, money due and payable, money to become	48
due within ninety days, tax refunds, and money on deposit with a	49
bank, savings and loan association, credit union, public utility,	50
landlord, or other person~~. Division (A)(4)(a) of this section~~	51
~~applies only in bankruptcy proceedings. This exemption may include~~	52
~~the portion of personal earnings that is not exempt under division~~	53
~~(A)(13) of this section~~, other than personal earnings.	54

~~(b) Subject to division (A)(4)(d) of this section, the~~(4)(a)	55
The person's interest, not to exceed ~~two~~five hundred twenty-five	56
dollars in any particular item or ten thousand seven hundred	57
seventy-five dollars in aggregate value, in household furnishings,	58
household goods, wearing apparel, appliances, books, animals,	59
crops, musical instruments, firearms, and hunting and fishing	60
equipment, that are held primarily for the personal, family, or	61
household use of the person;	62

~~(c) Subject to division (A)(4)(d) of this section, the~~(b)	63
The person's aggregate interest in one or more items of jewelry,	64
not to exceed ~~four~~one thousand three hundred fifty dollars ~~in one~~	65
~~item of jewelry and not to exceed two hundred dollars in every~~	66
~~other item of jewelry;~~	67

~~(d) Divisions (A)(4)(b) and (c) of this section do not~~	68
~~include items of personal property listed in division (A)(3) of~~	69
~~this section.~~	70

~~If the person does not claim an exemption under division~~	71
~~(A)(1) of this section, the total exemption claimed under division~~	72
~~(A)(4)(b) of this section shall be added to the total exemption~~	73
~~claimed under division (A)(4)(c) of this section, and the total~~	74
~~shall not exceed two thousand dollars. If the person claims an~~	75
~~exemption under division (A)(1) of this section, the total~~	76
~~exemption claimed under division (A)(4)(b) of this section shall~~	77
~~be added to the total exemption claimed under division (A)(4)(c)~~	78
~~of this section, and the total shall not exceed one thousand five~~	79
~~hundred dollars~~, held primarily for the personal, family, or	80
household use of the person or any of the person's dependents.	81

(5) The person's interest, not to exceed an aggregate of	82
~~seven hundred fifty~~two thousand twenty-five dollars, in all	83
implements, professional books, or tools of the person's	84
profession, trade, or business, including agriculture;	85

(6)(a) The person's interest in a beneficiary fund set apart,	86
appropriated, or paid by a benevolent association or society, as	87
exempted by section 2329.63 of the Revised Code;	88

(b) The person's interest in contracts of life or endowment	89
insurance or annuities, as exempted by section 3911.10 of the	90
Revised Code;	91

(c) The person's interest in a policy of group insurance or	92
the proceeds of a policy of group insurance, as exempted by	93
section 3917.05 of the Revised Code;	94

(d) The person's interest in money, benefits, charity,	95
relief, or aid to be paid, provided, or rendered by a fraternal	96
benefit society, as exempted by section 3921.18 of the Revised	97
Code;	98

(e) The person's interest in the portion of benefits under	99
policies of sickness and accident insurance and in lump sum	100
payments for dismemberment and other losses insured under those	101
policies, as exempted by section 3923.19 of the Revised Code.	102

(7) The person's professionally prescribed or medically	103
necessary health aids;	104

(8) The person's interest in a burial lot, including, but not	105
limited to, exemptions under section 517.09 or 1721.07 of the	106
Revised Code;	107

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

108

(a) Moneys paid or payable for living maintenance or rights,	109
as exempted by section 3304.19 of the Revised Code;	110

(b) Workers' compensation, as exempted by section 4123.67 of	111
the Revised Code;	112

(c) Unemployment compensation benefits, as exempted by	113
section 4141.32 of the Revised Code;	114

(d) Cash assistance payments under the Ohio works first	115
program, as exempted by section 5107.75 of the Revised Code;	116

(e) Benefits and services under the prevention, retention,	117
and contingency program, as exempted by section 5108.08 of the	118
Revised Code;	119

(f) Disability financial assistance payments, as exempted by	120
section 5115.06 of the Revised Code;	121

(g) Payments under section 24 or 32 of the "Internal Revenue	122
Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended.	123

(10)(a) Except in cases in which the person was convicted of	124
or pleaded guilty to a violation of section 2921.41 of the Revised	125
Code and in which an order for the withholding of restitution from	126
payments was issued under division (C)(2)(b) of that section or in	127
cases in which an order for withholding was issued under section	128
2907.15 of the Revised Code, and only to the extent provided in	129
the order, and except as provided in sections 3105.171, 3105.63,	130
3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the Revised	131
Code, the person's right to a pension, benefit, annuity,	132
retirement allowance, or accumulated contributions, the person's	133
right to a participant account in any deferred compensation	134
program offered by the Ohio public employees deferred compensation	135
board, a government unit, or a municipal corporation, or the	136
person's other accrued or accruing rights, as exempted by section	137
145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or 5505.22 of	138
the Revised Code, and the person's right to benefits from the Ohio	139
public safety officers death benefit fund;	140

(b) Except as provided in sections 3119.80, 3119.81, 3121.02,	141
3121.03, and 3123.06 of the Revised Code, the person's right to	142
receive a payment under any pension, annuity, or similar plan or	143
contract, not including a payment from a stock bonus or	144
profit-sharing plan or a payment included in division (A)(6)(b) or	145
(10)(a) of this section, on account of illness, disability, death,	146
age, or length of service, to the extent reasonably necessary for	147
the support of the person and any of the person's dependents,	148
except if all the following apply:	149

(i) The plan or contract was established by or under the	150
auspices of an insider that employed the person at the time the	151
person's rights under the plan or contract arose.	152

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

153

(iii) The plan or contract is not qualified under the	154
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as	155
amended.	156

(c) Except for any portion of the assets that were deposited	157
for the purpose of evading the payment of any debt and except as	158
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	159
3123.06 of the Revised Code, the person's right in the assets held	160
in, or to receive any payment under, any individual retirement	161
account, individual retirement annuity, "Roth IRA," or education	162
individual retirement account that provides benefits by reason of	163
illness, disability, death, or age, to the extent that the assets,	164
payments, or benefits described in division (A)(10)(c) of this	165
section are attributable to any of the following:	166

(i) Contributions of the person that were less than or equal	167
to the applicable limits on deductible contributions to an	168
individual retirement account or individual retirement annuity in	169
the year that the contributions were made, whether or not the	170
person was eligible to deduct the contributions on the person's	171
federal tax return for the year in which the contributions were	172
made;	173

(ii) Contributions of the person that were less than or equal	174
to the applicable limits on contributions to a Roth IRA or	175
education individual retirement account in the year that the	176
contributions were made;	177

(iii) Contributions of the person that are within the	178
applicable limits on rollover contributions under subsections 219,	179
402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B),	180
408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986,"	181
100 Stat. 2085, 26 U.S.C.A. 1, as amended.	182

(d) Except for any portion of the assets that were deposited	183
for the purpose of evading the payment of any debt and except as	184
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	185
3123.06 of the Revised Code, the person's right in the assets held	186
in, or to receive any payment under, any Keogh or "H.R. 10" plan	187
that provides benefits by reason of illness, disability, death, or	188
age, to the extent reasonably necessary for the support of the	189
person and any of the person's dependents.	190

(11) The person's right to receive spousal support, child	191
support, an allowance, or other maintenance to the extent	192
reasonably necessary for the support of the person and any of the	193
person's dependents;	194

(12) The person's right to receive, or moneys received during	195
the preceding twelve calendar months from, any of the following:	196

(a) An award of reparations under sections 2743.51 to 2743.72	197
of the Revised Code, to the extent exempted by division (D) of	198
section 2743.66 of the Revised Code;	199

(b) A payment on account of the wrongful death of an	200
individual of whom the person was a dependent on the date of the	201
individual's death, to the extent reasonably necessary for the	202
support of the person and any of the person's dependents;	203

(c) Except in cases in which the person who receives the	204
payment is an inmate, as defined in section 2969.21 of the Revised	205
Code, and in which the payment resulted from a civil action or	206
appeal against a government entity or employee, as defined in	207
section 2969.21 of the Revised Code, a payment, not to exceed ~~five~~	208
twenty thousand two hundred dollars, on account of personal bodily	209
injury, not including pain and suffering or compensation for	210
actual pecuniary loss, of the person or an individual for whom the	211
person is a dependent;	212

(d) A payment in compensation for loss of future earnings of	213
the person or an individual of whom the person is or was a	214
dependent, to the extent reasonably necessary for the support of	215
the debtor and any of the debtor's dependents.	216

(13) Except as provided in sections 3119.80, 3119.81,	217
3121.02, 3121.03, and 3123.06 of the Revised Code, personal	218
earnings of the person owed to the person for services in an	219
amount equal to the greater of the following amounts:	220

(a) If paid weekly, thirty times the current federal minimum	221
hourly wage; if paid biweekly, sixty times the current federal	222
minimum hourly wage; if paid semimonthly, sixty-five times the	223
current federal minimum hourly wage; or if paid monthly, one	224
hundred thirty times the current federal minimum hourly wage that	225
is in effect at the time the earnings are payable, as prescribed	226
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	227
U.S.C. 206(a)(1), as amended;	228

(b) Seventy-five per cent of the disposable earnings owed to	229
the person.	230

(14) The person's right in specific partnership property, as	231
exempted by division (B)(3) of section 1775.24 of the Revised	232
Code;	233

(15) A seal and official register of a notary public, as	234
exempted by section 147.04 of the Revised Code;	235

(16) The person's interest in a tuition unit or a payment	236
under section 3334.09 of the Revised Code pursuant to a tuition	237
payment contract, as exempted by section 3334.15 of the Revised	238
Code;	239

(17) Any other property that is specifically exempted from	240
execution, attachment, garnishment, or sale by federal statutes	241
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11	242
U.S.C.A. 101, as amended;	243

(18) The person's aggregate interest in any property, not to	244
exceed ~~four hundred~~one thousand seventy-five dollars~~, in any~~	245
~~property~~, except that division (A)(18) of this section applies	246
only in bankruptcy proceedings.	247

(B) On April 1, 2010, and on the first day of April in each	248
third calendar year after 2010, each dollar amount set forth in	249
this section shall be adjusted, when determining the amount that	250
is exempt from execution, garnishment, attachment, or sale	251
pursuant to this section, to reflect the change in the consumer	252
price index for all urban consumers, as published by the United	253
States department of labor, or, if that index is no longer	254
published, a generally available comparable index, for the	255
three-year period ending on the thirty-first day of December of	256
the preceding year. Any adjustments required by this division	257
shall be rounded to the nearest twenty-five dollars.	258

259

(1) "Disposable earnings" means net earnings after the	260
garnishee has made deductions required by law, excluding the	261
deductions ordered pursuant to section 3119.80, 3119.81, 3121.02,	262
3121.03, or 3123.06 of the Revised Code.	263

(2) "Insider" means:

264

(a) If the person who claims an exemption is an individual, a	265
relative of the individual, a relative of a general partner of the	266
individual, a partnership in which the individual is a general	267
partner, a general partner of the individual, or a corporation of	268
which the individual is a director, officer, or in control;	269

(b) If the person who claims an exemption is a corporation, a	270
director or officer of the corporation; a person in control of the	271
corporation; a partnership in which the corporation is a general	272
partner; a general partner of the corporation; or a relative of a	273
general partner, director, officer, or person in control of the	274
corporation;	275

(c) If the person who claims an exemption is a partnership, a	276
general partner in the partnership; a general partner of the	277
partnership; a person in control of the partnership; a partnership	278
in which the partnership is a general partner; or a relative in, a	279
general partner of, or a person in control of the partnership;	280

(d) An entity or person to which or whom any of the following	281
applies:	282

(i) The entity directly or indirectly owns, controls, or	283
holds with power to vote, twenty per cent or more of the	284
outstanding voting securities of the person who claims an	285
exemption, unless the entity holds the securities in a fiduciary	286
or agency capacity without sole discretionary power to vote the	287
securities or holds the securities solely to secure to debt and	288
the entity has not in fact exercised the power to vote.	289

(ii) The entity is a corporation, twenty per cent or more of	290
whose outstanding voting securities are directly or indirectly	291
owned, controlled, or held with power to vote, by the person who	292
claims an exemption or by an entity to which division	293
~~(B)~~(C)(2)(d)(i) of this section applies.	294

(iii) A person whose business is operated under a lease or	295
operating agreement by the person who claims an exemption, or a	296
person substantially all of whose business is operated under an	297
operating agreement with the person who claims an exemption.	298

(iv) The entity operates the business or all or substantially	299
all of the property of the person who claims an exemption under a	300
lease or operating agreement.	301

(e) An insider, as otherwise defined in this section, of a	302
person or entity to which division ~~(B)~~(C)(2)(d)(i), (ii), (iii),	303
or (iv) of this section applies, as if the person or entity were a	304
person who claims an exemption;	305

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

306

(3) "Participant account" has the same meaning as in section	307
148.01 of the Revised Code.	308

(4) "Government unit" has the same meaning as in section	309
148.06 of the Revised Code.	310

~~(C)~~(D) For purposes of this section, "interest" shall be	311
determined as follows:	312

(1) In bankruptcy proceedings, as of the date a petition is	313
filed with the bankruptcy court commencing a case under Title 11	314
of the United States Code;	315

(2) In all cases other than bankruptcy proceedings, as of the	316
date of an appraisal, if necessary under section 2329.68 of the	317
Revised Code, or the issuance of a writ of execution.	318

An interest, as determined under division ~~(C)~~(D)(1) or (2) of	319
this section, shall not include the amount of any lien otherwise	320
valid pursuant to section 2329.661 of the Revised Code.	321

Sec. 2716.02. (A) Any person seeking an order of garnishment	322
of personal earnings, after obtaining a judgment, shall make the	323
following demand in writing for the excess of the amount of the	324
judgment over the amount of personal earnings that may be exempt	325
from execution, garnishment, attachment, or sale to satisfy a	326
judgment or order, or for so much of the excess as will satisfy	327
the judgment. The demand shall be made after the judgment is	328
obtained and at least fifteen days and not more than forty-five	329
days before the order is sought by delivering it to the judgment	330
debtor by personal service by the court, by sending it to the	331
judgment debtor by certified mail, return receipt requested, or by	332
sending it to the judgment debtor by regular mail evidenced by a	333
properly completed and stamped certificate of mailing by regular	334
mail, addressed to the judgment debtor's last known place of	335
residence.	336

The demand shall be in substantially the following form:

337

"NOTICE OF COURT PROCEEDING TO COLLECT DEBT	338

Date of mailing or date of service by the court ..............	339

To: ..............................	340

(Name of Judgment Debtor)	341

..................................	342

(Last Known Residence Address of Judgment Debtor)	343

You owe the undersigned ....................... (Name of	344
Judgment Creditor) $.........., including interest and court	345
costs, for which a judgment was obtained against you or certified	346
in the .......... court on .........., payment of which is hereby	347
demanded.	348

If you do not do one of the three things listed below within	349
fifteen days of the date of the mailing of this notice or of its	350
service by the court, we will go to court, unless we are otherwise	351
precluded by law from doing so, and ask that your employer be	352
ordered to withhold money from your earnings until the judgment is	353
paid in full or, if applicable, is paid to a certain extent and to	354
pay the withheld money to the court in satisfaction of your debt.	355
This is called garnishment of personal earnings.	356

It is to your advantage to avoid garnishment of personal	357
earnings because the placing of the extra burden on your employer	358
possibly could cause you to lose your job.	359

YOU CAN AVOID THE GARNISHMENT BY DOING ONE OF THESE THREE	360
THINGS WITHIN THE FIFTEEN-DAY PERIOD:	361

(1) Pay to us the amount due;

362

(2) Complete the attached form entitled "Payment to Avoid	363
Garnishment" and return it to us with the payment, if any, shown	364
due on it; or	365

(3) Apply to your local municipal or county court or, if you	366
are not a resident of Ohio, to the municipal or county court in	367
whose jurisdiction your place of employment is located, for the	368
appointment of a trustee to receive the part of your earnings that	369
is not exempt from garnishment, and notify us that you have	370
applied for the appointment of a trustee. You will be required to	371
list your creditors, the amounts of their claims, and the amounts	372
due on their claims, and the amount you then will pay to your	373
trustee each payday will be divided among them until the debts are	374
paid off. This can be to your advantage because in the meantime	375
none of those creditors can garnish your wages.	376

You also may contact a budget and debt counseling service	377
described in division (D) of section 2716.03 of the Revised Code	378
for the purpose of entering into an agreement for debt scheduling.	379
There may not be enough time to set up an agreement for debt	380
scheduling in order to avoid a garnishment of your wages based	381
upon this demand for payment, but entering into an agreement for	382
debt scheduling might protect you from future garnishments of your	383
wages. Under an agreement for debt scheduling, you will have to	384
regularly pay a portion of your income to the service until the	385
debts subject to the agreement are paid off. This portion of your	386
income will be paid by the service to your creditors who are owed	387
debts subject to the agreement. This can be to your advantage	388
because these creditors cannot garnish your wages while you make	389
your payments to the service on time.	390

		..............................		391
		(Name of Judgment Creditor)		392
		..............................		393
		(Signature of Judgment Creditor		394
		or Judgment Creditor's Attorney)		395
		..............................		396
		..............................		397
		..............................		398
		(Address of Judgment Creditor)		399

PAYMENT TO AVOID GARNISHMENT	400

To: ..............................	401

(Name of Judgment Creditor)	402

..................................	403

..................................	404

(Address of Judgment Creditor)	405

To avoid the garnishment of personal earnings of which you	406
have given me notice, I enclose $ ............... to apply toward	407
my indebtedness to you. The amount of the payment was computed as	408
follows:	409

1.	Total amount of indebtedness demanded:	(1) $..........	410
2.	Enter the amount of your personal earnings,		411
	after deductions required by law, earned by		412
	you during the current pay period (that is,		413
	the pay period in which this demand is		414
	received by you):	(2) $..........	415
3.	(A) Enter your pay period (weekly, biweekly,		416
	semimonthly, monthly):	(3)(A) ........	417
	(B) Enter the date when your present pay		418
	period ends:	(3)(B) ........	419
4.	Enter an amount equal to 25% of the amount		420
	on line (2):	(4) ...........	421
5.	(A) The current federal minimum hourly wage		422
	is .......... (to be filled in by Judgment		423
	Creditor) (You should use the above figure		424
	to complete this portion of the form.)		425
	If you are paid weekly, enter thirty		426
	times the current federal minimum hourly		427
	wage; if paid biweekly, enter sixty times		428
	the current federal minimum hourly wage;		429
	if paid semimonthly, enter sixty-five		430
	times the current federal minimum		431
	hourly wage; if paid monthly, enter		432
	one hundred thirty times the current		433
	federal minimum hourly wage:	(5)(A) ........	434
	(B) Enter the amount by which the amount on		435
	line (2) exceeds the amount on line 5(A):	(5)(B) ........	436
6.	Enter the smallest of the amounts on line		437
	(1), (4), or 5(B). Send this amount to the		438
	judgment creditor along with this form after		439
	you have signed it:	(6) $..........	440

I certify that the statements contained above are true to the	441
best of my knowledge and belief.	442

		.......................................		443
		(Signature of Judgment Debtor)		444
		.......................................		445
		.......................................		446
		.......................................		447
		(Print Name and Residence Address of Judgment Debtor)		448

(To verify that the amount shown on line (2) is a true	449
statement of your earnings, you must either have your employer	450
certify below that the amount shown on line (2) is a true	451
statement of your earnings or you may submit copies of your pay	452
stubs for the two pay periods immediately prior to your receiving	453
this notice.)	454

I certify that the amount shown on line (2) is a true	455
statement of the judgment debtor's earnings.	456

		.......................................		457
		(Print Name of Employer)		458
		.......................................		459
		(Signature of Employer or Agent)		460

I certify that I have attached copies of my pay stubs for the	461
two pay periods immediately prior to my receiving this notice.	462

		......................................		463
		(Signature of Judgment Debtor)"		464

(B) If a judgment debtor properly completes a payment to	465
avoid garnishment and returns it with the required funds to the	466
judgment creditor or the judgment creditor's attorney, the	467
judgment creditor or the judgment creditor's attorney who issued	468
the notice of court proceeding to collect debt may not issue	469
another notice of court proceeding to collect debt to the judgment	470
debtor until the expiration date of the judgment debtor's present	471
pay period that is set forth by the judgment debtor and the	472
judgment debtor's employer in the answer to (3)(B) in the payment	473
to avoid garnishment.	474

(C) If an order of garnishment of personal earnings issued	475
pursuant to this chapter has not been paid in full when it ceases	476
to remain in effect because of the operation of division (C)(1) of	477
section 2716.041 of the Revised Code, the garnishee's duties under	478
the order of garnishment are complete with the filing of the final	479
report and answer of the garnishee. The judgment creditor must	480
institute new garnishment proceedings if the judgment creditor	481
wants an additional garnishment.	482

Sec. 2716.03. (A) Subject to the limitation on the	483
commencement of proceedings contained in division (B) of section	484
124.10 of the Revised Code, a proceeding in garnishment of	485
personal earnings may be commenced after a judgment has been	486
obtained by a judgment creditor by the filing of an affidavit in	487
writing made by the judgment creditor or the judgment creditor's	488
attorney setting forth all of the following:	489

(1) The name of the judgment debtor whose personal earnings	490
the judgment creditor seeks to garnish;	491

(2) ~~That the affiant has good reason to believe and does~~	492
~~believe that the person, partnership, limited liability company,~~	493
~~or corporation named in the affidavit as the garnishee is~~The name	494
and address of the garnishee who may be an employer of the	495
judgment debtor and who may have personal earnings of the judgment	496
debtor ~~that are not exempt under section 2329.66 of the Revised~~	497
~~Code~~;	498

(3) That the demand in writing, as required by section	499
2716.02 of the Revised Code, has been made;	500

(4) That the payment demanded in the notice required by	501
section 2716.02 of the Revised Code has not been made, and a	502
sufficient portion of the payment demanded has not been made to	503
prevent the garnishment of personal earnings as described in	504
section 2716.02 of the Revised Code;	505

(5) That the affiant has no knowledge of any application by	506
the judgment debtor for the appointment of a trustee so as to	507
preclude the garnishment of the judgment debtor's personal	508
earnings;	509

(6) That the affiant has no knowledge that the debt to which	510
the affidavit pertains is the subject of a debt scheduling	511
agreement of a nature that precludes the garnishment of the	512
personal earnings of the judgment debtor under division (B) of	513
this section.	514

(B) No proceeding in garnishment of personal earnings shall	515
be brought against a judgment debtor for the collection of a debt	516
that is the subject of an agreement for debt scheduling between	517
the judgment debtor and a budget and debt counseling service,	518
unless any payment to be made by the judgment debtor, or by a	519
budget and debt counseling service to the judgment creditor under	520
the agreement for debt scheduling between the judgment debtor and	521
the budget and debt counseling service, is due and unpaid for more	522
than forty-five days after the date on which the payment became	523
due, or unless the judgment creditor previously was notified by	524
the service that the debt scheduling agreement between the	525
judgment debtor and the service was terminated.	526

(C) Upon a court's issuance of an order of garnishment of	527
personal earnings following a judgment creditor's filing of an	528
affidavit under this section and compliance with section 2716.04	529
of the Revised Code, the garnishee and the judgment debtor shall	530
be notified of the proceeding in garnishment of personal earnings	531
in accordance with sections 2716.05 and 2716.06 of the Revised	532
Code.	533

(D) As used in this chapter:

534

(1) A "budget and debt counseling service" or "service" means	535
a corporation organized under Chapter 1702. of the Revised Code	536
for the purpose of counseling consumers with respect to their	537
financial obligations and assisting them in dealing with their	538
creditors.	539

(2) "Debt scheduling" means counseling and assistance	540
provided to a consumer by a budget and debt counseling service	541
under all of the following circumstances:	542

(a) The counseling and assistance is manifested in an	543
agreement between the consumer and the service under which the	544
consumer regularly pays that portion of the consumer's income to	545
the service that has been determined not to be required for the	546
maintenance of health or the essentials of life.	547

(b) The payments are made to the service until the debts of	548
the consumer that are the subject of the agreement are fully	549
retired.	550

(c) The service has sent written notice, by certified mail,	551
return receipt requested, or by regular mail evidenced by a	552
properly completed and stamped certificate of mailing by regular	553
mail, to the creditors of the consumer that are disclosed by the	554
consumer to the service. The notice shall contain all of the	555
following:	556

(i) A statement of the consumer's intent to participate in	557
debt scheduling;	558

(ii) A summary of the consumer's income, proposed itemized	559
budget, schedule of creditors, and proposed debt retirement plan;	560

(iii) A statement of the particular creditor's duty to	561
respond, in writing, to the service regarding the consumer's	562
participation in debt scheduling within fifteen days after	563
receiving the notice.	564

(d) The debts of the consumer that are the subject of the	565
agreement for debt scheduling are determined as follows:	566

(i) Any debt owed to a creditor that was notified of the	567
consumer's intent to participate is a subject of the agreement if	568
the creditor responds to the service and enters into an agreement	569
with the service, pursuant to which the creditor agrees not to	570
attempt to collect the debts of the consumer as long as the	571
consumer regularly pays to the service the amount previously	572
agreed upon by the service and the consumer, and no payment to be	573
made by the judgment debtor to the service or by the service to	574
the creditor is due and unpaid for more than forty-five days after	575
the date on which the payment became due, as long as the debt	576
scheduling agreement between the consumer and the service has not	577
been terminated, and as long as the service regularly pays to the	578
creditor a mutually acceptable amount that is either the amount	579
agreed upon by the service and the creditor on the date they	580
entered into their original agreement or an amount agreed upon by	581
both the service and the creditor on a date after the date of the	582
original agreement.	583

(ii) Any debt owed to a creditor that was notified of the	584
consumer's intent to participate is a subject of the agreement if	585
the creditor does not respond to the service and state the	586
creditor's objection, in writing, to the consumer's participation	587
in debt scheduling within fifteen days after receiving notice of	588
the consumer's intention to do so; however, no debt that is	589
subject to a lien or security interest of any type, other than a	590
judgment lien or execution lien, shall be a subject of the	591
agreement unless the creditor specifically assents, in writing, to	592
the debt being a subject of the agreement. The creditor shall be	593
considered to have entered into an agreement of the type described	594
in division (D)(2)(d)(i) of this section, and the amount to be	595
regularly paid by the service to the creditor shall be an amount	596
determined to be reasonable by the service or an amount agreed	597
upon by both the service and the creditor on a date after the	598
expiration of the fifteen-day period.	599

(iii) Any debt owed to a creditor that was not notified of	600
the consumer's intent to participate, or a debt owed to a creditor	601
that was notified of the consumer's intent to participate and that	602
responded to the service and stated its objection, in writing, to	603
the consumer's participation in debt scheduling within fifteen	604
days after receiving notice of the consumer's intention to do so,	605
is not a subject of the agreement.	606

(e) The service agrees that, if the consumer fails to make a	607
payment under the agreement within forty-five days of its due date	608
or if the agreement is terminated, the service will notify each	609
creditor that is owed a debt that is subject to the agreement of	610
the failure or termination by regular mail within two business	611
days of the failure or termination, and the service provides that	612
notice in accordance with the agreement.	613

Sec. 2716.05. The garnishee shall be served, in the same	614
manner as a summons is served, with three copies of the order of	615
garnishment of personal earnings and of a written notice that the	616
garnishee answer as provided in division (E) of section 2716.041	617
of the Revised Code, this section, and section 2716.21 of the	618
Revised Code and with the garnishee's fee required by section	619
2716.04 of the Revised Code. The garnishee also shall be served,	620
at that time, with two copies of the notice to the judgment debtor	621
form and of the request for hearing form described in section	622
2716.06 of the Revised Code, one copy of the interim report and	623
answer form described in section 2716.07 of the Revised Code, one	624
copy of the employer guide to processing continuous orders of	625
garnishment, and one copy of the final report and answer form	626
described in section 2716.08 of the Revised Code.	627

A court of common pleas or municipal or county court that	628
issues an order of garnishment of personal earnings has	629
jurisdiction to serve process pursuant to this section upon a	630
garnishee who does not reside within the territorial jurisdiction	631
of the court. If the garnishee does not reside within the	632
territorial jurisdiction of the court that issued the order, the	633
process may be served upon the garnishee by the proper officer of	634
the county in which the garnishee resides or may be served upon	635
the garnishee by personal service by the court, by sending it to	636
the garnishee by certified mail, return receipt requested, or by	637
sending it to the garnishee by regular mail evidenced by a	638
properly completed and stamped certificate of mailing by regular	639
mail.	640

The order of garnishment of personal earnings shall bind the	641
personal earnings of the judgment debtor due from the garnishee at	642
the time of service in accordance with this section. The order of	643
garnishment of personal earnings and notice to answer shall be in	644
substantially the following form:	645

"ORDER AND NOTICE OF GARNISHMENT	646

AND ANSWER OF EMPLOYER	647

	Docket No. ...................		648
	Case No. .....................		649
	In the ................. Court		650
	........................, Ohio		651

The State of Ohio	652

County of ....................., ss	653

......................., Judgment Creditor	654

vs.	655

......................., Judgment Debtor	656

SECTION A. COURT ORDER AND NOTICE OF GARNISHMENT	657

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

658

The judgment creditor in the above case has filed an	659
affidavit, satisfactory to the undersigned, in this court stating	660
that you may owe the judgment debtor money for personal earnings	661
~~and that some of that money may not be exempt from garnishment~~	662
~~under the laws of the State of Ohio or the laws of the United~~	663
~~States~~.	664

You are therefore ordered to complete the "ANSWER OF EMPLOYER	665
(GARNISHEE)" in section B of this form. Return one completed and	666
signed copy of this form to the clerk of this court within five	667
(5) business days after you receive this order of garnishment.	668
Deliver one completed and signed copy of this form and the	669
accompanying documents entitled "NOTICE TO THE JUDGMENT DEBTOR"	670
and "REQUEST FOR HEARING" to the judgment debtor. Keep the other	671
completed and signed copy of this form for your files.	672

(The total probable amount now due on this judgment is	673
$................... The total probable amount now due includes	674
the unpaid portion of the judgment in favor of the judgment	675
creditor, which is $........; interest on that judgment and, if	676
applicable, prejudgment interest relative to that judgment at the	677
rate of .....% per annum payable until that judgment is satisfied	678
in full; and court costs in the amount of $..........)	679

This order of garnishment of personal earnings is a	680
continuous order that generally requires you to withhold a	681
specified amount, calculated each pay period at the statutory	682
percentage, of the judgment debtor's personal disposable earnings	683
during each pay period, as determined in accordance with the	684
"INTERIM REPORT AND ANSWER OF GARNISHEE," from the judgment	685
debtor's personal disposable earnings during each pay period of	686
the judgment debtor commencing with the first full pay period	687
beginning after you receive the order until the judgment in favor	688
of the judgment creditor and the associated court costs, judgment	689
interest, and, if applicable, prejudgment interest awarded to the	690
judgment creditor as described above have been paid in full. You	691
generally must pay that specified amount, calculated each pay	692
period at the statutory percentage, to the clerk of this court	693
within thirty (30) days after the end of each pay period of the	694
judgment debtor and must include with that specified amount	695
calculated each pay period at the statutory percentage an "INTERIM	696
REPORT AND ANSWER OF GARNISHEE" substantially in the form set	697
forth in section 2716.07 of the Ohio Revised Code. A copy of the	698
"INTERIM REPORT AND ANSWER OF GARNISHEE" is attached to this order	699
of garnishment of personal earnings, and you may photocopy it to	700
use each time you pay the specified amount to the clerk of this	701
court. You are permitted to deduct a processing fee of up to three	702
dollars from the judgment debtor's personal disposable earnings	703
for any pay period of the judgment debtor that an amount was	704
withheld for that order (the processing fee is not a part of the	705
court costs). You are not required to file with the court the	706
"INTERIM REPORT AND ANSWER OF GARNISHEE" for any pay period of the	707
judgment debtor for which an amount from the judgment debtor's	708
personal disposable earnings during that pay period was not	709
withheld for that order.	710

This order of garnishment of personal earnings generally will	711
remain in effect until one of the following occurs:	712

(1) The total probable amount due on the judgment as	713
described above is paid in full as a result of your withholding of	714
the specified amount, calculated each pay period at the statutory	715
percentage, from the judgment debtor's personal disposable	716
earnings during each pay period of the judgment debtor that	717
commenced with the first full pay period beginning after you	718
received the order.	719

(2) The judgment creditor or the judgment creditor's attorney	720
files with this court a written notice that the total probable	721
amount due on the judgment as described above has been satisfied	722
or the judgment creditor or the judgment creditor's attorney files	723
a written request to terminate this order of garnishment and	724
release you from the mandate of this order of garnishment.	725

(3) A municipal or county court appoints a trustee for the	726
judgment debtor and issues to you an order that stays this order	727
of garnishment of personal earnings.	728

(4) A federal bankruptcy court issues to you an order that	729
stays this order of garnishment of personal earnings.	730

(5) A municipal or county court or a court of common pleas	731
issues to you another order of garnishment of personal earnings	732
that relates to the judgment debtor and a different judgment	733
creditor, and Ohio or federal law provides the other order with a	734
higher priority than this order.	735

(6) A municipal or county court or a court of common pleas	736
issues to you another order of garnishment of personal earnings	737
that relates to the judgment debtor and a different judgment	738
creditor and that does not have a higher priority than this order.	739

(7) The judgment creditor or the judgment creditor's attorney	740
files with this court a written request to terminate and release	741
the order of garnishment, and as a result, the order of	742
garnishment will cease to remain in effect.	743

Under any of the circumstances listed above, you are required	744
to file with this court a "FINAL REPORT AND ANSWER OF GARNISHEE"	745
substantially in the form set forth in section 2716.08 of the Ohio	746
Revised Code. A copy of the "FINAL REPORT AND ANSWER OF GARNISHEE"	747
is attached to this order of garnishment of personal earnings.	748
Under the circumstances listed in (5) and (6) above, you must	749
cease processing this order of garnishment after the expiration of	750
the full pay period within which the one hundred eighty-second	751
(182) day after you began processing it falls.	752

Special stacking, priority of payment, and manner of payment	753
rules apply when a garnishee receives multiple orders of	754
garnishment with respect to the same judgment debtor. These rules	755
are set forth in section 2716.041 of the Ohio Revised Code. An	756
employer guide to processing continuous orders of garnishment is	757
included with this order of garnishment. You should become	758
familiar with these rules.	759

Witness my hand and the seal of this court this ...........	760
day of ..................., ......	761

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

Judge

SECTION B. ANSWER OF EMPLOYER (GARNISHEE)	762

(An employer is one who is required to withhold payroll taxes out	763
of payments of personal earnings made to the judgment debtor.)	764

(Answer all pertinent questions)	765

Now comes ..............................., the employer	766
(garnishee) herein, who says:	767

1.	This order of garnishment of personal			768
	earnings was received on ............			769
		Yes	No	770
2.	The judgment debtor is in my/our employ.	.....	.....	771
	If answer is "No," give date of last			772
	employment.	(2) ...........		773
		Yes	No	774
3.	(A) Is the debt to which this order of			775
	garnishment of personal earnings pertains			776
	the subject of an existing agreement for			777
	debt scheduling between the judgment			778
	debtor and a budget and debt counseling			779
	service and has the judgment debtor			780
	made every payment that was due under			781
	the agreement for debt scheduling no			782
	later than forty-five days after the			783
	date on which the payment was due?	.....	.....	784
	If the answer to both parts of this			785
	question is "Yes," give all available			786
	details of the agreement, sign this			787
	form, and return it to the court.	3(A)..............		788
	.............................................................			789
	.............................................................			790
		Yes	No	791
	(B) Were you, on the date that you			792
	received this order of garnishment of			793
	personal earnings, withholding			794
	moneys from the judgment debtor's			795
	personal disposable earnings			796
	pursuant to another order of			797
	garnishment of personal earnings that			798
	Ohio or federal law provides with a			799
	higher priority than this order of			800
	garnishment of personal earnings			801
	(such as a support order or Internal			802
	Revenue ~~service~~ Service levy)?	.....	.....	803
	If the answer to this question is			804
	"Yes," give the name of the court			805
	that issued the higher priority order,			806
	the associated case number, the date			807
	upon which you received that order,			808
	and the balance due to the relevant			809
	judgment creditor under that order.	3(B)..............		810
	.............................................................			811
		Yes	No	812
	(C) Did you receive prior to the date			813
	that you received this order of			814
	garnishment of personal earnings one			815
	or more other orders of garnishment			816
	of personal earnings that are not			817
	described in question 3(B), and are			818
	you currently processing one or more			819
	of those orders for the statutorily			820
	required time period or holding one or			821
	more of those orders for processing			822
	for a statutorily required period in			823
	the sequence of their receipt by you?	.....	.....	824
	If the answer to this question is			825
	"Yes," give the name of the court			826
	that issued each of those previously			827
	received orders, the associated case			828
	numbers, the date upon which you			829
	received each of those orders, and			830
	the balance due to the relevant			831
	judgment creditor under each of			832
	those orders. List first the previously			833
	received order(s) that you are			834
	currently processing, and list each			835
	of the other previously received orders			836
	in the sequence that you are required			837
	to process them.	3(C)..............		838
	.............................................................			839
	.............................................................			840
	.............................................................			841

I certify that the statements above are true.	842

	..............................		843
	(Print Name of Employer)		844
	..............................		845
	(Print Name and Title of		846
	Person Who Completed Form on		847
	behalf of the Employer)		848

Signed ........................................................	849

(Signature of Employer or Employer's Agent)	850

Dated this ........... day of ..........., ....."	851

Section A of the form described in this section shall be	852
completed before service. Section B of the form shall be completed	853
by the garnishee, and the garnishee shall file one completed and	854
signed copy of the form with the clerk of the court as the	855
garnishee's answer. The garnishee may keep one completed and	856
signed copy of the form and shall deliver the other completed and	857
signed copy of the form to the judgment debtor not later than the	858
time that the garnishee otherwise would pay the judgment debtor	859
the personal earnings that the garnishee instead is paying to the	860
court. The garnishee also shall deliver at that time the two	861
copies of the notice to the judgment debtor form and of the	862
request for hearing form described in section 2716.06 of the	863
Revised Code that were served on the garnishee.	864

No employer shall discharge an employee solely because of the	865
successful garnishment of the employee's personal earnings by only	866
one judgment creditor in any twelve-month period.	867

If several affidavits seeking orders of garnishment of	868
personal earnings are filed against the same judgment debtor in	869
accordance with section 2716.03 of the Revised Code, the court	870
involved shall issue the requested orders in the same order in	871
which the clerk received the associated affidavits.	872

The garnishee also shall be served with a copy of the	873
employer guide to processing continuous orders of garnishment at	874
the same time that the forms as provided in this section are	875
served upon the garnishee.	876

Sec. 2716.11. A proceeding for garnishment of property,	877
other than personal earnings, may be commenced after a judgment	878
has been obtained by a judgment creditor by the filing of an	879
affidavit in writing made by the judgment creditor or the judgment	880
creditor's attorney setting forth all of the following:	881

(A) The name of the judgment debtor whose property~~, other~~	882
~~than personal earnings,~~ the judgment creditor seeks to garnish;	883

(B) ~~That the affiant has a reasonable basis to believe that~~	884
~~the person named in the affidavit as the garnishee may have~~	885
~~property, other than personal earnings, of the judgment debtor~~	886
~~that is not exempt under the law of this state or the United~~	887
~~States;~~	888

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

889

(C) The name and address of the garnishee who may have in the	890
garnishee's hands or control money, property, or credits, other	891
than personal earnings, of the judgment debtor.	892

Sec. 2716.13. (A) Upon the filing of a proceeding in	893
garnishment of property, other than personal earnings, under	894
section 2716.11 of the Revised Code, the court shall cause the	895
matter to be set for hearing within twelve days after that filing.	896

(B) Upon the scheduling of a hearing relative to a proceeding	897
in garnishment of property, other than personal earnings, under	898
division (A) of this section, the clerk of the court immediately	899
shall issue to the garnishee three copies of the order of	900
garnishment of property, other than personal earnings, and of a	901
written notice that the garnishee answer as provided in section	902
2716.21 of the Revised Code and the garnishee's fee required by	903
section 2716.12 of the Revised Code. The copies of the order and	904
of the notice shall be served upon the garnishee in the same	905
manner as a summons is served and the clerk shall also mail a copy	906
of the order and notice of garnishment to the garnishee by	907
ordinary or regular mail service. The copies of the order and of	908
the notice shall not be served later than seven days prior to the	909
date on which the hearing is scheduled. The order shall bind the	910
property in excess of four hundred dollars, other than personal	911
earnings, of the judgment debtor in the possession of the	912
garnishee at the time of service. Any garnishee that garnishes	913
the property, other than personal earnings, of a judgment debtor	914
in good faith reliance upon the order and notice of garnishment	915
received by ordinary or regular mail service shall not be liable	916
for damages in any civil action.	917

The order of garnishment of property, other than personal	918
earnings, and notice to answer shall be in substantially the	919
following form:	920

"ORDER AND NOTICE OF GARNISHMENT	921

OF PROPERTY OTHER THAN PERSONAL EARNINGS	922

AND ANSWER OF GARNISHEE	923

	Docket No. ...................		924
	Case No. .....................		925
	In the ................. Court		926
	........................, Ohio		927

The State of Ohio	928

County of ............, ss	929

..................., Judgment Creditor	930

vs.	931

..................., Judgment Debtor	932

SECTION A. COURT ORDER AND NOTICE OF GARNISHMENT	933

To: ...................., Garnishee	934

The judgment creditor in the above case has filed an	935
affidavit, satisfactory to the undersigned, in this Court stating	936
that you may have money, property, or credits, other than personal	937
earnings, in your hands or under your control that belong to the	938
judgment debtor~~, and that some of the money, property, or credits~~	939
~~may not be exempt from garnishment under the laws of the State of~~	940
~~Ohio or the laws of the United States~~.	941

You are therefore ordered to complete the "ANSWER OF	942
GARNISHEE" in section (B) of this form. Return one completed and	943
signed copy of this form to the clerk of this court together with	944
the amount determined in accordance with the "ANSWER OF GARNISHEE"	945
by the following date on which a hearing is tentatively scheduled	946
relative to this order of garnishment: ............ Deliver one	947
completed and signed copy of this form to the judgment debtor	948
prior to that date. Keep the other completed and signed copy of	949
this form for your files.	950

The total probable amount now due on this judgment is	951
$.......... The total probable amount now due includes the unpaid	952
portion of the judgment in favor of the judgment creditor, which	953
is $..........; interest on that judgment and, if applicable,	954
prejudgment interest relative to that judgment at the rate of	955
.....% per annum payable until that judgment is satisfied in full;	956
and court costs in the amount of $...........	957

You also are ordered to hold safely anything of value that	958
belongs to the judgment debtor and that has to be paid to the	959
court, as determined under the "ANSWER OF GARNISHEE" in section	960
(B) of this form, but that is of such a nature that it cannot be	961
so delivered, until further order of the court.	962

Witness my hand and the seal of this court this ..........	963
day of .........., ..........	964

	.........................		965
	Judge		966

SECTION B. ANSWER OF GARNISHEE	967

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

968

1. That the garnishee has more than $400 in money, property,	969
or credits, other than personal earnings, of the judgment debtor	970
under the garnishee's control and in the garnishee's possession.	971

...............	...............	...................		972
yes	no	if yes, amount over $400		973

2. That property is described as:

974

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

4. If the answer to line 1 is "yes" and the amount is greater	979
than that probable amount now due on the judgment, as indicated in	980
section (A) of this form, sign and return this form and pay that	981
probable amount now due to the clerk of this court.	982

5. If the answer to line 1 is "yes" but the money, property,	983
or credits are of such a nature that they cannot be delivered to	984
the clerk of the court, indicate that by placing an "X" in this	985
space: ...... Do not dispose of that money, property, or credits	986
or give them to anyone else until further order of the court.	987

6. If the answer to line 1 is "no," sign and return this form	988
to the clerk of this court.	989

I certify that the statements above are true.

990

	..............................		991
	(Print Name of Garnishee)		992
	..............................		993
	(Print Name and Title of		994
	Person Who Completed Form)		995

Signed........................................................	996

(Signature of Person Completing Form)	997

Dated this .......... day of .........., ....."	998

Section A of the form described in this division shall be	999
completed before service. Section B of the form shall be completed	1000
by the garnishee, and the garnishee shall file one completed and	1001
signed copy of the form with the clerk of the court as the	1002
garnishee's answer. The garnishee may keep one completed and	1003
signed copy of the form and shall deliver the other completed and	1004
signed copy of the form to the judgment debtor.	1005

If several affidavits seeking orders of garnishment of	1006
property, other than personal earnings, are filed against the same	1007
judgment debtor in accordance with section 2716.11 of the Revised	1008
Code, the court involved shall issue the requested orders in the	1009
same order in which the clerk received the associated affidavits.	1010

(C)(1) At the time of the filing of a proceeding in	1011
garnishment of property, other than personal earnings, under	1012
section 2716.11 of the Revised Code, the judgment creditor also	1013
shall file with the clerk of the court a praecipe instructing the	1014
clerk to issue to the judgment debtor a notice to the judgment	1015
debtor form and a request for hearing form. Upon receipt of the	1016
praecipe and the scheduling of a hearing relative to an action in	1017
garnishment of property, other than personal earnings, under	1018
division (A) of this section, the clerk of the court immediately	1019
shall serve upon the judgment debtor, in accordance with division	1020
(D) of this section, two copies of the notice to the judgment	1021
debtor form and of the request for hearing form. The copies of	1022
the notice to the judgment debtor form and of the request for	1023
hearing form shall not be served later than seven days prior to	1024
the date on which the hearing is scheduled.	1025

(a) The notice to the judgment debtor that must be served	1026
upon the judgment debtor shall be in substantially the following	1027
form:	1028

"(Name and Address of the Court)	1029

(Case Caption) ......................... Case No. .............	1030

NOTICE TO THE JUDGMENT DEBTOR	1031

You are hereby notified that this court has issued an order	1032
in the above case in favor of (name and address of judgment	1033
creditor), the judgment creditor in this proceeding, directing	1034
that some of your money in excess of four hundred dollars,	1035
property, or credits, other than personal earnings, that now may	1036
be in the possession of (name and address of garnishee), the	1037
garnishee in this proceeding, be used to satisfy your debt to the	1038
judgment creditor. This order was issued on the basis of the	1039
judgment creditor's judgment against you that was obtained in	1040
(name of court) in (case number) on (date). Upon your receipt of	1041
this notice, you are prohibited from removing or attempting to	1042
remove the money, property, or credits until expressly permitted	1043
by the court. Any violation of this prohibition subjects you to	1044
punishment for contempt of court.	1045

The law of Ohio and the United States provides that certain	1046
benefit payments cannot be taken from you to pay a debt. Typical	1047
among the benefits that cannot be attached or executed upon by a	1048
creditor are the following:	1049

(1) Workers' compensation benefits;

1050

(2) Unemployment compensation payments;

1051

(3) Cash assistance payments under the Ohio works first	1052
program;	1053

(4) Benefits and services under the prevention, retention,	1054
and contingency program;	1055

(5) Disability financial assistance administered by the Ohio	1056
department of job and family services;	1057

(6) Social security benefits;

1058

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

1059

(8) Veteran's benefits;

1060

(9) Black lung benefits;

1061

(10) Certain pensions.

1062

There may be other benefits not included in the above list	1063
that apply in your case.	1064

If you dispute the judgment creditor's right to garnish your	1065
property and believe that the judgment creditor should not be	1066
given your money, property, or credits, other than personal	1067
earnings, now in the possession of the garnishee because they are	1068
exempt or if you feel that this order is improper for any other	1069
reason, you may request a hearing before this court by disputing	1070
the claim in the request for hearing form, appearing below, or in	1071
a substantially similar form, and delivering the request for	1072
hearing to this court at the above address, at the office of the	1073
clerk of this court no later than the end of the fifth business	1074
day after you receive this notice. You may state your reasons for	1075
disputing the judgment creditor's right to garnish your property	1076
in the space provided on the form; however, you are not required	1077
to do so. If you do state your reasons for disputing the judgment	1078
creditor's right, you are not prohibited from stating any other	1079
reason at the hearing. If you do not state your reasons, it will	1080
not be held against you by the court, and you can state your	1081
reasons at the hearing. NO OBJECTIONS TO THE JUDGMENT ITSELF WILL	1082
BE HEARD OR CONSIDERED AT THE HEARING. If you request a hearing,	1083
the hearing will be limited to a consideration of the amount of	1084
your money, property, or credits, other than personal earnings, in	1085
the possession or control of the garnishee, if any, that can be	1086
used to satisfy all or part of the judgment you owe to the	1087
judgment creditor.	1088

If you request a hearing by delivering your request for	1089
hearing no later than the end of the fifth business day after you	1090
receive this notice, it will be conducted in .......... courtroom	1091
.........., (address of court), at ..... m. on ..........,	1092
.......... You may request the court to conduct the hearing before	1093
this date by indicating your request in the space provided on the	1094
form; the court then will send you notice of any change in the	1095
date, time, or place of the hearing. If you do not request a	1096
hearing by delivering your request for a hearing no later than the	1097
end of the fifth business day after you receive this notice, some	1098
of your money, property, or credits, other than personal earnings,	1099
will be paid to the judgment creditor.	1100

If you have any questions concerning this matter, you may	1101
contact the office of the clerk of this court. If you want legal	1102
representation, you should contact your lawyer immediately. If you	1103
need the name of a lawyer, contact the local bar association.	1104

	..............................		1105
	Clerk of the Court		1106
	..............................		1107
	Date"		1108

(b) The request for hearing form that must be served upon the	1109
judgment debtor shall have attached to it a postage-paid,	1110
self-addressed envelope or shall be on a postage-paid	1111
self-addressed postcard, and shall be in substantially the	1112
following form:	1113

"(Name and Address of Court)	1114

Case Number ........................... Date ....................	1115

REQUEST FOR HEARING	1116

I dispute the judgment creditor's right to garnish my money,	1117
property, or credits, other than personal earnings, in the above	1118
case and request that a hearing in this matter be held	1119

..................................................................	1120

(Insert "on" or "earlier than")	1121

the date and time set forth in the document entitled "NOTICE TO	1122
THE JUDGMENT DEBTOR" that I received with this request form.	1123

I dispute the judgment creditor's right to garnish my	1124
property for the following reasons:	1125

..................................................................	1126

(Optional)	1127

..................................................................	1128

..................................................................	1129

I UNDERSTAND THAT NO OBJECTIONS TO THE JUDGMENT ITSELF WILL	1130
BE HEARD OR CONSIDERED AT THE HEARING.	1131

	..............................		1132
	(Name of Judgment Debtor)		1133
	..............................		1134
	(Signature)		1135
	..............................		1136
	(Date)		1137

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A	1138
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK	1139
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT,	1140
YOU WAIVE YOUR RIGHT TO A HEARING AND SOME OF YOUR MONEY,	1141
PROPERTY, OR CREDITS, OTHER THAN PERSONAL EARNINGS, NOW IN THE	1142
POSSESSION OF (GARNISHEE'S NAME) WILL BE PAID TO (JUDGMENT	1143
CREDITOR'S NAME) TO SATISFY SOME OF YOUR DEBT TO (JUDGMENT	1144
CREDITOR'S NAME)."	1145

(2) The judgment debtor may receive a hearing in accordance	1146
with this division by delivering a written request for hearing to	1147
the court within five business days after receipt of the notice	1148
provided pursuant to division (C)(1) of this section. The request	1149
may set forth the judgment debtor's reasons for disputing the	1150
judgment creditor's right to garnish the money, property, or	1151
credits, other than personal earnings; however, neither the	1152
judgment debtor's inclusion of nor failure to include those	1153
reasons upon the request constitutes a waiver of any defense of	1154
the judgment debtor or affects the judgment debtor's right to	1155
produce evidence at the hearing. If the request is made by the	1156
judgment debtor within the prescribed time, the hearing shall be	1157
limited to a consideration of the amount of money, property, or	1158
credits, other than personal earnings, of the judgment debtor in	1159
the hands of the garnishee, if any, that can be used to satisfy	1160
all or part of the debt owed by the judgment debtor to the	1161
judgment creditor. If a request for a hearing is not received by	1162
the court within the prescribed time, the hearing scheduled	1163
pursuant to division (A) of this section shall be canceled unless	1164
the court grants the judgment debtor a continuance in accordance	1165
with division (C)(3) of this section.	1166

(3) If the judgment debtor does not request a hearing in the	1167
action within the prescribed time pursuant to division (C)(2) of	1168
this section, the court nevertheless may grant a continuance of	1169
the scheduled hearing if the judgment debtor, prior to the time at	1170
which the hearing was scheduled, as indicated on the notice to the	1171
judgment debtor required by division (C)(1) of this section,	1172
establishes a reasonable justification for failure to request the	1173
hearing within the prescribed time. If the court grants a	1174
continuance of the hearing, it shall cause the matter to be set	1175
for hearing as soon as practicable thereafter. The continued	1176
hearing shall be conducted in accordance with division (C)(2) of	1177
this section.	1178

(4) The court may conduct the hearing on the matter prior to	1179
the time at which the hearing was scheduled, as indicated on the	1180
notice to the judgment debtor required by division (C)(1) of this	1181
section, upon the request of the judgment debtor. The parties	1182
shall be sent notice, by the clerk of the court, by regular mail,	1183
of any change in the date, time, or place of the hearing.	1184

(5) If the scheduled hearing is canceled and no continuance	1185
is granted, the court shall issue an order to the garnishee to pay	1186
all or some of the money, property, or credits, other than	1187
personal earnings, of the judgment debtor in the possession of the	1188
garnishee at the time of service of the notice and order into	1189
court if they have not already been paid to the court. This order	1190
shall be based on the answer of the garnishee filed pursuant to	1191
this section. If the scheduled hearing is conducted or if it is	1192
continued and conducted, the court shall determine at the hearing	1193
the amount of the money, property, or credits, other than personal	1194
earnings, of the judgment debtor in the possession of the	1195
garnishee at the time of service of the notice and order, if any,	1196
that can be used to satisfy all or part of the debt owed by the	1197
judgment debtor to the judgment creditor, and issue an order,	1198
accordingly, to the garnishee to pay that amount into court if it	1199
has not already been paid to the court.	1200

(D) The notice to the judgment debtor form and the request	1201
for hearing form described in division (C) of this section shall	1202
be sent by the clerk by ordinary or regular mail service unless	1203
the judgment creditor requests that service be made in accordance	1204
with the Rules of Civil Procedure, in which case the forms shall	1205
be served in accordance with the Rules of Civil Procedure. Any	1206
court of common pleas that issues an order of garnishment of	1207
property, other than personal earnings, under this section has	1208
jurisdiction to serve process pursuant to this section upon a	1209
garnishee who does not reside within the jurisdiction of the	1210
court. Any county court or municipal court that issues an order of	1211
garnishment of property, other than personal earnings, under this	1212
section has jurisdiction to serve process pursuant to this section	1213
upon a garnishee who does not reside within the jurisdiction of	1214
the court.	1215

Sec. 3923.19. ~~The portion of any benefits~~(A) Benefits	1216
under all policies of sickness and accident insurance ~~as does not~~	1217
~~exceed six hundred dollars for each month during any period of~~	1218
~~disability covered by the policies, is~~are not liable to	1219
attachment or other process, or to be taken, appropriated, or	1220
applied by any legal or equitable process or by operation of law,	1221
either before or after payment of the benefits, to pay any	1222
liabilities of the person insured under any such policy~~. This~~	1223
~~exemption does not apply if an action is brought to recover for~~	1224
~~necessaries contracted for during the period of disability, and~~	1225
~~if the complaint contains a statement to that effect~~to the	1226
extent that the benefits are reasonably necessary for the support	1227
of the debtor and any dependents of the debtor.	1228

When a policy provides for a lump sum payment because of a	1229
dismemberment or other loss insured, the payment is exempt from	1230
execution by the insured's creditors.	1231

(B)(1) A payment under a stock bonus, pension, profitsharing,	1232
annuity, or similar plan or contract on account of illness,	1233
disability, death, age, or length of service, to the extent	1234
reasonably necessary for the support of the person who is the	1235
beneficiary of the plan or party to the contract and any	1236
dependents of the person, is not liable to attachment or other	1237
process, or to be taken, appropriated, or applied by any legal or	1238
equitable process or by operation of law, either before or after	1239
payment of the benefits, to pay any liabilities of the person	1240
unless all of the following apply:	1241

(a) The plan or contract was established by or under the	1242
auspices of an insider that employed the person at the time the	1243
person's rights under the plan or contract arose.	1244

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

1245

(c) The plan or contract does not qualify under section	1246
401(a), 403(a), 403(b), or 408 of the Internal Revenue Code of	1247
1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.	1248

(2) When a plan or contract provides for a lump sum payment	1249
because of a dismemberment or other loss covered by the plan or	1250
contract, the payment is exempt from execution by the person's	1251
creditors.	1252

Section 2. That existing sections 2329.66, 2716.02, 2716.03,	1253
2716.05, 2716.11, 2716.13, and 3923.19 of the Revised Code are	1254
hereby repealed.	1255