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As Passed by the Senate
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 294 |
REPRESENTATIVES WILLAMOWSKI-DePIERO-GRENDELL-HOLLISTER-
KREBS-PRINGLE-TAYLOR-TERWILLEGER-BARRETT-SALERNO-FLANNERY-
AMSTUTZ-JOLIVETTE-MEAD-VESPER-MAIER-CORE-TIBERI-BUCHY-
SENATORS LATTA-CUPP-SPADA-MUMPER-DRAKE
A BILL
To amend sections 1315.40, 1315.41, 2301.35, 2307.61, 2335.19, 2335.24,
2716.02, 2716.04, 2716.041, 2716.05,
2716.06, 2716.07, 2716.08, 2716.09, and 2716.21 and to enact section 2716.031
of the
Revised Code relative to the
collection of amounts due under judgments for court costs, prohibiting
treble damages on certain checks returned for insufficient funds on loans
issued by check-cashing businesses, clarifying
that a collection agent that has a contract with a child support enforcement
agency is not required to be licensed as a private investigator, and modifying
the law regarding garnishment of personal earnings.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1315.40, 1315.41, 2301.35, 2307.61, 2335.19, 2335.24,
2716.02, 2716.04, 2716.041, 2716.05, 2716.06, 2716.07, 2716.08,
2716.09, and 2716.21
be amended and section 2716.031 of the Revised Code be enacted to
read as follows:
Sec. 1315.40. In addition to the interest authorized to be contracted for
and received pursuant to
section 1315.39 of the Revised Code, a
check-cashing business licensed pursuant to sections 1315.35 to 1315.44 of the
Revised Code may charge, collect,
and receive the following fees and charges in connection with a
loan made under sections 1315.35 to 1315.44 of the
Revised Code:
(A) Loan origination fees not exceeding an amount equal to five
dollars per fifty dollars of the amount of the loan;
(B) Check collection charges not exceeding an amount equal to
twenty dollars plus any amount passed
on from other financial institutions for each check, negotiable
order of withdrawal, share draft, or other negotiable instrument
returned or dishonored for any reason, provided that the terms
and conditions upon which check collection charges will be
charged to the borrower are set forth in the written loan
contract described in division
(A)(4) of section 1315.39 of the Revised Code;
(C) DAMAGES, COSTS, AND DISBURSEMENTS TO WHICH THE CHECK-CASHING
BUSINESS MAY BECOME ENTITLED TO BY LAW IN CONNECTION WITH ANY CIVIL ACTION TO
COLLECT A LOAN AFTER DEFAULT.
Sec. 1315.41. No check-cashing business licensed pursuant to sections 1315.35
to 1315.44 of the Revised Code shall do any of the following:
(A) Violate section 1315.36 of the Revised Code;
(B) Make a loan that does not comply with division (A) of section 1315.39 of
the Revised Code;
(C) Charge, collect, or receive, directly or indirectly, any additional fees
or charges in connection with a loan, other than fees and charges permitted by
sections 1315.39 and 1315.40 of the Revised Code and costs or
disbursements to which the check-cashing business may become
entitled to by law in connection with any suit CIVIL ACTION to
collect a loan
after default;
(D) COLLECT TREBLE DAMAGES PURSUANT TO DIVISION
(A)(1)(b)(ii) OF SECTION 2307.61 of the Revised Code IN
CONNECTION WITH ANY CIVIL ACTION TO COLLECT A LOAN AFTER A DEFAULT DUE TO A
CHECK, NEGOTIABLE ORDER OF WITHDRAWAL, SHARE DRAFT, OR OTHER NEGOTIABLE
INSTRUMENT THAT WAS RETURNED OR DISHONORED FOR INSUFFICIENT FUNDS;
(E) Make a loan to a borrower if there exists an outstanding loan
between the check-cashing business and that borrower, which AND IF
THE outstanding loan
was made pursuant to section SECTIONS 1315.35 to 1315.43 of the
Revised
Code.
Sec. 2301.35. (A) Each county shall have a child support
enforcement agency. A government
entity designated under this section prior to October 1,
1997, or a private or
government entity designated under section 307.981
of the Revised Code on or after that date may serve as a county's child
support enforcement agency.
(B) Each child
support enforcement agency shall enter into a plan
of cooperation with the board of county commissioners under section 307.983
of the Revised Code and comply with the partnership agreement the board enters
into under section 307.98 and contracts the board enters into under sections
307.981 and 307.982 of the Revised Code that affect the agency.
(C) The child support enforcement agency for a county is
the local Title IV-D agency for the county and shall operate a
program for support enforcement in the county, which program
shall comply with Title IV-D of the "Social Security Act," 88
Stat. 2351 (1975), 42 U.S.C. 651, as amended, any rules adopted
pursuant to that title, and sections 2151.23, 2151.231, 2151.232,
2151.33, 2301.34 to
2301.46, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13,
3111.20, 3111.211,
3111.22, 3113.04, 3113.21 to 3113.219,
3113.31, and 3115.31 of the Revised Code. Each child
support
enforcement agency shall be operated under the supervision of the
department of job and family services in
accordance
with the program
of child support enforcement established pursuant to section
5101.31 of the Revised Code, shall be responsible in the county
it serves for the enforcement of support
orders, and shall perform all administrative duties related to
the enforcement of any
support order. Except as provided in division (H) of this
section and pursuant to sections 2301.38 and 2301.45 of the Revised Code, no
child support
enforcement agency shall collect any support amounts due under a support order
as part of its duties to enforce support orders. No child
support enforcement agency shall use any social security number
made available to it under section 3705.07 of the Revised Code
for any purpose other than child support enforcement. The
department shall ensure that all child support enforcement
agencies comply with all applicable state and federal support
regulations, including the affirmative duties of Title IV-D of
the Social Security Act.
Each child support enforcement agency may enter into
contracts with public agencies and private vendors for assistance in
establishing paternity or support obligations, or for the
performance of other administrative duties of the agency. Each child support
enforcement agency may contract with a collection agent for the collection of
arrearages
owed under child support orders being administered by
the agency. IF THE DEPARTMENT OF JOB AND FAMILY SERVICES OR A CHILD
SUPPORT ENFORCEMENT AGENCY CONTRACTS WITH A
COLLECTION AGENT FOR THE COLLECTION OF ARREARAGES, THE COLLECTION AGENT IS NOT
REQUIRED TO BE LICENSED AS A PRIVATE INVESTIGATOR UNDER CHAPTER 4749.
of the Revised Code. Before entering into a contract for assistance in
establishing
paternity or support obligations,
for other administrative services, or for the collection of
arrearages by a collection agent, a child support enforcement
agency shall comply with sections 307.86 to 307.92 of the Revised
Code and any rules adopted by the director of
job and family
services pursuant to division (D)(1) of this section.
(D)(1) The director
of job and family services shall adopt rules under
Chapter 119. of the
Revised Code governing the operation of support enforcement by
child support enforcement agencies. The rules shall include, but
shall not be limited to, provisions relating to contracts between
the agencies and boards of county commissioners entered into
under division (B)(1) of this section, requirements for public
hearings by the agencies, and provisions for appeals of agency
decisions under procedures established by the
director.
(2) The director of job and
family
services shall adopt in accordance with Chapter 119. of the
Revised Code rules governing the establishment by child support
enforcement agencies of on-site genetic testing programs to be
used in actions under sections 3111.01 to 3111.19 of the Revised
Code and in administrative procedures under sections 3111.20 to
3111.29 of the Revised Code. The rules shall include, but are
not limited to, provisions relating to the environment in which a
blood or buccal cell sample may be drawn, the medical personnel who may draw a
sample, the trained personnel who may perform the genetic
comparison, the types of genetic testing that may be performed on
a sample, and the procedure for notifying the court of the
location at which the sample will be drawn, who will draw
the sample, and who will perform the genetic testing on the
sample, and any other procedures or standards the
director determines are necessary for the
implementation of
on-site genetic testing.
(E) Each child support enforcement agency designated under
this section shall enter into written agreements with the courts,
the prosecuting attorney, and law enforcement officials of the
county it serves, which agreements shall establish cooperative
working arrangements and specify areas of responsibility for the
enforcement of support among the agency, courts, and officials.
The agreements shall provide for the reimbursement of the courts
and law enforcement officials for the responsibilities they
assume and actions they undertake pursuant to such agreements.
(F)(1) A child support enforcement agency shall
maintain records of support orders being administered or
otherwise handled by the agency pursuant to section 5101.319 of the Revised Code.
(2) Each obligor and each obligee under a support order
may review all records maintained under division (F)(1) of
this section that pertain to the support order and any other
information maintained by the child support
enforcement agency, except to the extent prohibited by state or
federal law.
(G)(1) A court or administrative agency that issues
or
modifies a support order shall impose a
processing charge that is the greater of two
per cent of the support payment to be collected under a support
order or one dollar per month on the obligor under the
support
order. The
obligor shall pay the amount with every current support payment,
and with every payment on arrearages. No court or
agency may call the charge a poundage fee.
(2) The board of county commissioners of each county shall
budget and appropriate to the child support enforcement agency
serving the county all of the following:
(a) All federal money payable to the child support
enforcement agency on the basis
of its success in implementing activities related
to child support enforcement under Title IV-D of the Social
Security Act;
(b) Any funds that may be received from other federal or
state sources for the child support enforcement agency;.
(3) All moneys received from the federal or state
government for reimbursement for support enforcement activities
shall be used solely for support enforcement activities.
(4) A board of county commissioners may request that the
department of job and family services grant a waiver of
the requirement
that the money specified in division (G)(2)(a) of this
section be
budgeted and appropriated to the child support enforcement agency
if the board can demonstrate, by meeting criteria established by
the department, that the child support enforcement agency is
effectively using procedures for establishing paternity, meeting
the mandated service needs of clients, and complying with all
applicable state and federal support rules and regulations.
(5) A child support enforcement agency may invest any of
the moneys collected pursuant to the performance of its duties
under sections 2301.34 to 2301.46 of the Revised Code
in a
repurchase agreement in which a bank agrees to sell short-term
federally guaranteed securities with an obligation of the bank to
repurchase the securities. All interest derived pursuant to
investments made under this division shall be retained by the
child support enforcement agency and used solely for support
enforcement activities.
(H)(1) Notwithstanding any other section of the
Revised
Code and except as provided in division (H)(4) of this
section, a child support enforcement agency shall collect and disburse all
support
amounts under a support order it is administering pursuant to law as it
existed
prior to January
1, 1998, and shall collect the
additional amount imposed under division
(G)(1) of this section as it existed
prior to January
1, 1998, until the support order
is converted to the automated data processing system under
section 5101.322 of the Revised
Code and the division of child
support in the department of job and family services
authorizes
centralized collection and disbursement of support amounts
under the support order pursuant to the rules adopted under division
(F)(1) of section 5101.325 of
the Revised
Code. Once the support order
is converted and the division gives the authorization, the
support amounts and the additional amount shall be collected,
and the support amount shall be disbursed, under the support
order according to the provisions of House Bill No.
352 of the 122nd general assembly.
(2) Notwithstanding any other section of the
Revised Code and except as provided in division
(H)(4) of this section, the agency administering the support order
shall collect the amounts permitted to be collected, and perform other duties
required, with respect to the support order pursuant to division
(D)(1) of section 2301.373,
division (B)(3)(a) of section
2301.374, divisions (E)(4)(b), (F),
and (I) of section 3111.23, division
(E) of section 3111.99,
divisions (G)(4)(b), (H)(3),
and (K) of section 3113.21, division
(B) of section 3113.212,
division (E) of section 3113.99, and division (A)(3) of
section 5101.323
of the Revised
Code as those sections existed
prior to January
1, 1998, and the agency shall
collect the amounts permitted to be collected by the division,
and perform other duties required of the division, with respect to the
support order pursuant to division
(D)(1)(a) of section 2301.375 and division
(D)(2) of section 2301.43 of
the Revised
Code as those sections are
enacted by House Bill No. 352 of the
122nd general assembly, until the support order is converted and
authorization for centralized collection and disbursement is
given. Once the support order is converted and the
authorization is given, the amounts shall
be collected, and the duties shall
be performed, by the division according to the provisions of
House Bill No. 352 of the 122nd
general assembly.
(3) All support orders shall be converted and all authorizations shall be
given by the division prior to July 1, 1999.
(4)(a) After conversion occurs and authorization
for centralized collection and disbursement is granted pursuant
to this section, a child support enforcement agency may continue
to collect the following amounts from obligors who pay the
amounts in person at the office of the agency:
(i) Current support amounts and arrearages due
under a support order being administered by the agency and the
additional amount imposed pursuant to division
(G)(1) of this section with
respect to the order;
(ii) Amounts collected pursuant to division
(D)(1) of section 2301.373,
divisions (B)(3)(a) and
(C)(3)(a) of section 2301.374,
section 2301.375, division
(D)(2) of section 2301.43,
division (E) of section
3111.99, division (E) of
section 3113.99, and division
(A)(3) of section 5101.323 of
the Revised Code.
(b) All amounts collected pursuant to
division (H)(4)(a) of this section
shall be forwarded to the division no later than one day after
receipt of the amounts.
(5) Amounts collected by a collection agent that has a
contract with a child support enforcement agency pursuant to
division (C) of this section
shall be paid to the division. The agency shall forward any
amounts collected pursuant to sections 2301.38 and 2301.45 of the Revised Code
to the division no NOT later than one day after receipt of those
amounts.
(I)(1) Subject to division (I)(2) of this section, all
support orders that are administered by a child support
enforcement agency designated under this section and are eligible
for Title IV-D services shall be Title IV-D cases under Title
IV-D of the "Social Security Act." Subject to division (I)(2) of
this section, all obligees of support orders administered by the
child support enforcement agency shall be considered to have
filed a signed application for Title IV-D services.
(2) A court that issues or
modifies a support order shall require the obligee under the
order to sign, at the time of the issuance or modification of the
order, an application for Title IV-D services and to file, as
soon as possible, the signed application with the child support
enforcement agency that will administer the order. The
application shall be on a form prescribed by the department of
job and family services. A support order that is
administered by a child support
enforcement agency, and that is eligible for Title IV-D services
shall be a Title IV-D case under Title IV-D of the "Social
Security Act" only upon the filing of the signed application for
Title IV-D services.
(3) A child support enforcement agency shall make
available an application for Title IV-D services to all persons
requesting a child support enforcement agency's assistance in an
action under sections 3111.01 to 3111.19 of the Revised Code or
in an administrative proceeding brought under sections 3111.20 to
3111.29 of the Revised Code.
(J)(1) As used in this section, "current support payment"
means the amount of support due an obligee that an obligor is
required to pay in a particular payment for the current month as
specified in a support order. "Current support payment" does not
include payments on arrearages under the support order.
(2) As used in the Revised Code, "child support
enforcement agency" means the child support enforcement agency
designated under this section prior to October 1,
1997,
or a private or government entity designated a child support enforcement
agency under section 307.981 of the Revised Code on or after that date.
Sec. 2307.61. (A) If a property owner brings a civil
action pursuant to division (A) of section 2307.60 of the
Revised Code to recover
damages from any person who willfully damages the owner's
property or who commits a theft offense, as defined in section
2913.01 of the Revised Code, involving the owner's property, the
property owner may recover as follows:
(1) In the civil action, the property owner may elect to
recover moneys as described in division (A)(1)(a) or (b) of this
section:
(a) Compensatory damages that may include, but are not
limited to, the value of the property and liquidated damages in
whichever of the following amounts applies:
(i) Fifty dollars, if the value of the property was fifty
dollars or less at the time it was willfully damaged or was the
subject of a theft offense;
(ii) One hundred dollars, if the value of the property was
more than fifty dollars, but not more than one hundred dollars,
at the time it was willfully damaged or was the subject of a
theft offense;
(iii) One hundred fifty dollars, if the value of the
property was more than one hundred dollars at the time it was
willfully damaged or was the subject of a theft offense.
(b) Liquidated damages in whichever of the following
amounts is greater:
(i) Two hundred dollars;
(ii) Three times the value of the property at the time it
was willfully damaged or was the subject of a theft offense,
irrespective of whether the property is recovered by way of
replevin or otherwise, is destroyed or otherwise damaged, is
modified or otherwise altered, or is resalable at its full market
price. THIS DIVISION DOES NOT APPLY TO A CHECK, NEGOTIABLE ORDER OF
WITHDRAWAL, SHARE DRAFT, OR OTHER NEGOTIABLE INSTRUMENT THAT WAS RETURNED OR
DISHONORED FOR INSUFFICIENT FUNDS BY A FINANCIAL INSTITUTION IF THE CHECK,
NEGOTIABLE ORDER OF WITHDRAWAL, SHARE DRAFT, OR OTHER NEGOTIABLE INSTRUMENT
WAS PRESENTED BY AN INDIVIDUAL BORROWER TO A CHECK-CASHING BUSINESS LICENSED
PURSUANT TO SECTIONS 1315.35 TO 1315.44 of the Revised Code FOR A CHECK-CASHING LOAN
TRANSACTION.
(2) In a civil action in which the value of the property
that was willfully damaged or was the subject of a theft offense
is less than five thousand dollars, the property owner may
recover damages as described in division (A)(1)(a) or (b) of this
section and additionally may recover the reasonable
administrative costs, if any, of the property owner that were
incurred in connection with actions taken pursuant to division
(A)(2) of this section, the cost of maintaining the civil action,
and reasonable attorney's fees, if all of the following apply:
(a) The property owner, at least thirty days prior to the
filing of the civil action, serves a written demand for payment
of moneys as described in division (A)(1)(a) of this section and
the reasonable administrative costs, if any, of the property
owner that have been incurred in connection with actions taken
pursuant to division (A)(2) of this section, upon the person who
willfully damaged the property or committed the theft offense.
(b) The demand conforms to the requirements of division
(C) of this section and is sent by certified mail, return receipt
requested.
(c) Either the person who willfully damaged the property
or committed the theft offense does not make payment to the
property owner of the amount specified in the demand within
thirty days after the date of its service upon that person
and does not
enter into an agreement with the property owner during that
thirty-day period for that payment or the person who willfully
damaged the property or committed the theft offense enters into
an agreement with the property owner during that thirty-day
period for that payment but does not make that payment in
accordance with the agreement.
(B) If a property owner who brings a civil action pursuant
to division (A) of section 2307.60 of the Revised Code to
recover damages for
willful damage to property or for a theft offense attempts to
collect the reasonable administrative costs, if any, of the
property owner that have been incurred in connection with actions
taken pursuant to division (A)(2) of this section, the cost of
maintaining the civil action, and reasonable attorney's fees
under authority of that division and if the defendant prevails in
the civil action, the defendant may recover from the property
owner reasonable attorney's fees, the cost of defending the civil
action, and any compensatory damages that may be proven.
(C) For purposes of division (A)(2) of this section, a
written demand for payment shall include a conspicuous notice to
the person upon whom the demand is to be served that indicates
all of the following:
(1) The willful property damage or theft offense that the
person allegedly committed;
(2) That, if the person makes payment of the amount specified in
the demand within thirty days after its service upon the
person or
enters into an agreement with the property owner during that
thirty-day period for that payment and makes that payment in
accordance with the agreement, the person cannot be sued by
the property owner in a civil action in relation to the
willful property damage or theft offense;
(3) That, if the person fails to make payment of the amount
specified in the demand within thirty days after the date of its
service upon the person and fails to enter into an agreement for that
payment with the property owner during that thirty-day period or
enters into an agreement for that payment with the property owner
during that thirty-day period but does not make that payment in
accordance with the agreement, the person may be sued in a civil action
in relation to the willful property damage or theft offense;
(4) The potential judgment that the person may be required
to pay if the person is sued in a civil action in relation to the
willful property damage or theft offense and judgment is rendered against
the person in that civil action;
(5) That, if the person is sued in a civil action by the
property owner in relation to the willful property damage or theft
offense, if the civil action requests that the person be
required to pay
the reasonable administrative costs, if any, of the property
owner that have been incurred in connection with actions taken
pursuant to division (A)(2) of this section, the cost of
maintaining the action, and reasonable attorney's fees, and if
the person prevails in the civil action, the person
may recover from the property
owner reasonable attorney's fees, the cost of defending the
action, and any compensatory damages that can be proved.
(D) If a property owner whose property was willfully
damaged or was the subject of a theft offense serves a written
demand for payment upon a person who willfully damaged the
property or committed the theft offense and if the person makes
payment of the amount specified in the demand within thirty days
after the date of its service upon the person or the person enters into
an agreement with the property owner during that thirty-day
period for that payment and makes payment in accordance with the
agreement, the property owner shall not file a civil action
against the person in relation to the willful property damage or
theft offense.
(E) If a property owner whose property was willfully
damaged or was the subject of a theft offense serves a written
demand for payment upon a person who willfully damaged the
property or committed the theft offense and if the person, within
thirty days after the date of service of the demand upon the
person, enters into an agreement with the property owner for the payment
of the amount specified in the demand but does not make that
payment in accordance with the agreement, the time between the
entering of the agreement and the failure to make that payment
shall not be computed as any part of the period within which a
civil action based on the willful property damage or theft
offense must be brought under the Revised Code.
(F) A civil action to recover damages for willful property
damage or for a theft offense may be joined with a civil action
that is brought pursuant to Chapter 2737. of the Revised Code to
recover the property. If the two actions are joined, any
compensatory damages recoverable by the property owner shall be
limited to the value of the property.
(G)(1) In a civil action to recover damages for willful
property damage or for a theft offense, the trier of fact may
determine that an owner's property was willfully damaged or that
a theft offense involving the owner's property has been
committed, whether or not any person has pleaded guilty to or has
been convicted of any criminal offense or has been adjudicated a
delinquent child in relation to any act involving the owner's
property.
(2) This section does not affect the prosecution of any criminal action or
proceeding or any action to obtain a delinquent child
adjudication in connection with willful property damage or a
theft offense.
(H) As used in this section:
(1) "Administrative costs" includes the costs of written
demands for payment and associated postage under division (A)(2)
of this section.
(2) "Value of the property" means one of the following:
(a) The retail value of any property that is offered for
sale by a mercantile establishment, irrespective of whether the
property is destroyed or otherwise damaged, is modified or
otherwise altered, or otherwise is not resalable at its full
market price;
(b) The face value of any check or other negotiable
instrument that is not honored due to insufficient funds in the
drawer's account, the absence of any drawer's account, or another
reason, and all charges imposed by a bank, savings and loan
association, credit union, or other financial institution upon
the holder of the check or other negotiable instrument;
(c) The replacement value of any property not described in
division (H)(1) or (2) of this section.
Sec. 2335.19. (A) On the rendition of judgment, in any
cause IN ANY COURT, the costs of the
party recovering, together with his THE PARTY'S debt or damages,
shall be carried into his THE PARTY'S
judgment, and the costs of the party against whom such THAT
judgment is rendered
shall be separately stated in the record or docket entry. No party in whose
favor judgment for costs is rendered in a cause, may release, satisfy,
or
discharge, in whole, or in part, any of such THOSE costs,
unless they have been THAT PARTY
previously HAS paid by him THOSE COSTS to the clerk of
the court, or UNLESS THOSE COSTS
have been paid to the
person entitled thereto, TO THOSE COSTS or have been legally
assigned or transferred to such THAT
party by the persons in whose names such THOSE costs stand taxed
upon the record or
docket.
(B) AN ENTRY OF JUDGMENT THAT INCLUDES A GRANT OF
JUDGMENT FOR COSTS IS AN ORDER THAT AUTHORIZES THE CLERK OF THE
COURT, IN ACCORDANCE WITH DIVISION
(C) OF THIS SECTION, TO ISSUE A
CERTIFICATE OF JUDGMENT FOR ALL COSTS, INCLUDING THE TOTAL COST OF COLLECTION
OF AND ANY INTEREST DUE ON THE JUDGMENT FOR COSTS, AGAINST THE PERSON WHO IS
LIABLE FOR THE
PAYMENT OF THOSE COSTS.
(C) THE CLERK OF A COURT WHO
WISHES TO ISSUE A CERTIFICATE OF JUDGMENT FOR COSTS PURSUANT TO
A JUDGMENT FOR COSTS SHALL PROVIDE AN ITEMIZED BILL OF FEES AND
COSTS, INCLUDING THE TOTAL COST OF COLLECTION OF AND ANY INTEREST DUE ON THE
JUDGMENT FOR COSTS, TO THE PERSON WHO IS LIABLE FOR COSTS UNDER THE JUDGMENT,
EITHER UPON THE REQUEST OF THE PERSON AS SPECIFIED IN SECTION
2335.32 OF THE REVISED
CODE OR WITHOUT A REQUEST. IF
THE PERSON DOES NOT PAY THE FEES AND COSTS WITHIN THIRTY DAYS AFTER THE
CLERK PROVIDES THE ITEMIZED BILL, THE CLERK SHALL SEND THE
PERSON A NOTICE REQUESTING PAYMENT OF THE FEES AND COSTS AS
STATED IN THE ITEMIZED BILL. IF THE PERSON DOES NOT RESPOND TO
THE NOTICE WITH THE FULL PAYMENT OF THE FEES AND COSTS WITHIN THIRTY DAYS, THE
CLERK
SHALL SEND THE PERSON A SECOND NOTICE REQUESTING PAYMENT OF THE
FEES AND COSTS. IF NINETY DAYS ELAPSE FROM THE DATE THAT THE
CLERK PROVIDES THE ITEMIZED BILL AND IF THE PERSON HAS NOT PAID THE
FULL AMOUNT OF THE FEES AND COSTS PURSUANT TO THE ITEMIZED BILL AND
THE NOTICES, THE CLERK MAY ISSUE A CERTIFICATE OF JUDGMENT FOR COSTS AGAINST
THE PERSON FOR THE FEES AND COSTS.
Sec. 2335.24. (A) In all causes in any court, except as otherwise
provided in
section 2969.23 of the Revised Code, costs taxed and entered as provided
by section SECTIONS 2335.18 to 2335.23 of the Revised Code
may be collected by the process provided by those sections.
(B)(1) THE CLERK OF A COURT MAY ENTER INTO CONTRACTS WITH ONE OR
MORE PUBLIC AGENCIES
OR PRIVATE VENDORS FOR THE COLLECTION OF AMOUNTS DUE UNDER JUDGMENTS FOR
COSTS. THE AMOUNTS MAY INCLUDE ANY INTEREST THAT ALSO IS DUE ON A JUDGMENT
FOR
COSTS. BEFORE ENTERING INTO OR RENEWING A CONTRACT OF THAT NATURE, THE CLERK
OF A COURT
SHALL DO ALL OF THE FOLLOWING:
(a) COMPLY
WITH THE PROVISIONS OF SECTIONS 307.86 TO 307.92 of the Revised Code THAT PERTAIN
TO REQUIRED COMPETITIVE BIDDING. FOR PURPOSES OF COMPLYING WITH THOSE
SECTIONS, THE CLERK OF THE COURT SHALL BE CONSIDERED THE CONTRACTING
AUTHORITY.
(b) OBTAIN THE APPROVAL OF THE TERMS OF THE CONTRACT BY THE
LEGISLATIVE AUTHORITY ASSOCIATED WITH THE COURT.
(2) AS USED IN DIVISION (B) OF THIS SECTION, "LEGISLATIVE
AUTHORITY" HAS THE SAME MEANING AS IN DIVISION (B) OF SECTION
1901.03 OF THE REVISED CODE, IF THE CLERK OF THE COURT
INVOLVED IS
THE CLERK OF A MUNICIPAL COURT, AND MEANS A BOARD OF COUNTY COMMISSIONERS, IF
THE CLERK OF THE COURT INVOLVED IS THE CLERK OF A
COUNTY COURT OR A COURT OF COMMON PLEAS.
Sec. 2716.02. (A) Any person seeking an order of garnishment
of personal earnings, after obtaining a judgment, shall make the following
demand in writing for the excess of the amount of the judgment
over the amount of personal earnings exempt from execution,
garnishment, attachment, or sale to satisfy a judgment or order,
or for so much of
the excess as will satisfy the judgment. The demand shall be
made after the judgment is obtained and at least fifteen days and not
more than forty-five days before the order is sought by
delivering it to the judgment debtor by personal service by the
court, by sending it to the judgment debtor by certified mail,
return receipt requested, or by sending it to the judgment debtor
by regular mail evidenced by a properly completed
and stamped certificate of mailing by regular mail, addressed to
the judgment debtor's last known place of residence.
The demand shall be made as follows IN SUBSTANTIALLY THE FOLLOWING
FORM:
"NOTICE OF COURT PROCEEDING TO COLLECT DEBT
Date of mailing or date of service by the court
| To:
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(Name of Judgment Debtor)
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(Last Known Residence Address of Judgment Debtor)
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| You owe the undersigned
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(Name of Judgment Creditor) |
$................., including interest and court costs, for
which a judgment was obtained against you or certified in the
.................. court on .........................,
payment of which is hereby demanded.
If you do not do one of the three things listed below
within fifteen days of the date of the mailing of this notice or
of its service by the court, we will go to court, unless we are
otherwise precluded by law from doing so, and ask that your
employer be ordered to withhold money from your earnings until the judgment
is paid in full or, if applicable, is paid to a certain extent and
to pay the withheld money to the court in satisfaction of
your debt. This is called garnishment
of personal earnings.
It is to your advantage to avoid garnishment of personal
earnings because the placing of the extra burden on your employer
possibly could cause you to lose your job.
YOU CAN AVOID THE GARNISHMENT BY DOING ONE OF THESE THREE
THINGS WITHIN THE FIFTEEN-DAY PERIOD:
(1) Pay to us the amount due;
(2) Complete the attached form entitled "Payment to Avoid
Garnishment" and return it to us with the payment, if any, shown
due on it; or
(3) Apply to your local municipal or county court or, if
you are not a resident of Ohio, to the municipal or county court
in whose jurisdiction your place of employment is located, for
the appointment of a trustee to receive the part of your earnings
that is not exempt from garnishment, and notify us that you have
applied for the appointment of a trustee. You will be required
to list your creditors, the amounts of their claims, and the amounts due on
their claims, and the amount you then will pay
to your
trustee each payday will be divided among them until the debts
are paid off. This can be to your advantage because in the
meantime none of those creditors can garnish your wages.
You also may contact a budget and debt counseling
service described in division (D) of section 2716.03 of the Revised Code
for the purpose of entering into an agreement for debt
scheduling. There may not be enough time to set up an
agreement for debt scheduling in order to avoid a garnishment of your
wages based
upon this demand for payment, but entering into an agreement
for debt scheduling might protect you from future garnishments of your
wages. Under an agreement for debt scheduling, you will
have to regularly pay a portion of
your income to the service until the debts subject to the
agreement are paid off. This portion of your income will be paid
by the service to your creditors who are owed debts subject to
the agreement. This can be to your advantage because these
creditors cannot garnish your wages while you make your payments
to the service on time.
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(Name of Judgment Creditor)
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(Signature of Judgment Creditor OR JUDGMENT
CREDITOR'S ATTORNEY)
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(Address of Judgment Creditor)
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PAYMENT TO AVOID GARNISHMENT
To: |
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(Name of Judgment Creditor)
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(Address of Judgment Creditor)
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To avoid the garnishment of personal earnings of which you
have given me notice, I enclose $ ............... to apply toward
my indebtedness to you. The amount of the payment was computed
as follows:
1. Total amount of indebtedness demanded:
(1) $..............
2. Enter the amount of your personal earnings, after deductions
required by law, earned by you during
the current pay period (that is, the pay period in
which this demand is received by you):
(2) $..............
3. (A) Enter your PAY period (weekly, biweekly,
semimonthly, monthly):
(3)(A) ...............
(B) ENTER THE DATE WHEN YOUR PRESENT PAY PERIOD ENDS:
(3)(B) ...............
4. Enter an amount equal to 25% of the amount on line (2):
(4) $..............
5. (A) The current federal minimum hourly wage is .......... (to be filled
in by Judgment Creditor)
(You should use the above figure to complete this portion
of the form.) If you are paid weekly, enter thirty times the
current federal minimum hourly wage; if paid biweekly,
enter
sixty times the current federal minimum hourly wage; if paid
semimonthly, enter sixty-five times the current
federal minimum
hourly wage; if paid monthly, enter one hundred thirty times the
current federal minimum hourly wage:
5(A) $..............
(B) Enter the amount by which the amount on line (2) exceeds
the amount on line 5(A):
5(B) $..............
6. Enter the smallest of the amounts on line
(1), (4), or 5(B). Send this amount
to the judgment creditor along with this
form after you have signed it:
(6) $..............
I certify that the statements contained above are true to
the best of my knowledge and belief.
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(Signature of Judgment Debtor)
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(Print Name and Residence Address
of Judgment Debtor)
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(TO VERIFY THAT THE AMOUNT SHOWN ON LINE (2) IS A TRUE STATEMENT
OF YOUR EARNINGS, YOU MUST EITHER HAVE YOUR EMPLOYER CERTIFY BELOW
THAT THE AMOUNT SHOWN ON LINE (2) IS A TRUE STATEMENT OF YOUR
EARNINGS OR YOU MAY SUBMIT COPIES OF YOUR PAY STUBS FOR THE TWO
PAY PERIODS IMMEDIATELY PRIOR TO YOUR RECEIVING THIS NOTICE.)
I certify that the amount shown on line (2) is a true
statement of the judgment debtor's earnings.
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(Print Name of Employer)
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(Signature of Employer or Agent)
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I CERTIFY THAT I HAVE ATTACHED COPIES OF MY PAY STUBS FOR THE TWO
PAY PERIODS IMMEDIATELY PRIOR TO MY RECEIVING THIS NOTICE.
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(SIGNATURE OF JUDGMENT
DEBTOR)
" |
(B) IF A JUDGMENT DEBTOR PROPERLY COMPLETES A PAYMENT TO AVOID
GARNISHMENT AND RETURNS IT WITH THE REQUIRED FUNDS TO THE JUDGMENT CREDITOR OR
THE JUDGMENT CREDITOR'S ATTORNEY, THE JUDGMENT CREDITOR OR THE JUDGMENT
CREDITOR'S ATTORNEY WHO ISSUED THE NOTICE OF COURT PROCEEDING TO COLLECT DEBT
MAY NOT ISSUE ANOTHER NOTICE OF COURT PROCEEDING TO COLLECT DEBT TO THE
JUDGMENT DEBTOR UNTIL THE EXPIRATION DATE OF THE JUDGMENT DEBTOR'S PRESENT PAY
PERIOD THAT IS SET FORTH BY THE JUDGMENT DEBTOR AND THE JUDGMENT DEBTOR'S
EMPLOYER IN THE ANSWER TO (3)(B) IN THE PAYMENT TO AVOID GARNISHMENT.
(C) IF AN ORDER OF GARNISHMENT OF PERSONAL EARNINGS ISSUED
PURSUANT TO THIS CHAPTER HAS NOT BEEN PAID IN FULL WHEN IT CEASES TO REMAIN IN
EFFECT BECAUSE OF THE OPERATION OF DIVISION (C)(1) OF SECTION
2716.041 of the Revised Code, THE GARNISHEE'S DUTIES UNDER THE ORDER OF GARNISHMENT ARE
COMPLETE WITH THE FILING OF THE FINAL REPORT AND ANSWER OF THE GARNISHEE. THE
JUDGMENT CREDITOR MUST INSTITUTE NEW GARNISHMENT PROCEEDINGS IF THE JUDGMENT
CREDITOR WANTS AN ADDITIONAL GARNISHMENT.
Sec. 2716.031. (A) THE JUDGMENT CREDITOR OR JUDGMENT CREDITOR'S
ATTORNEY SHALL FILE WITH THE COURT, THE GARNISHEE, AND THE JUDGMENT DEBTOR AN
AFFIDAVIT OF CURRENT BALANCE DUE ON GARNISHMENT ORDER THAT CONTAINS THE
CURRENT BALANCE DUE ON THE ORDER. THE JUDGMENT CREDITOR OR ATTORNEY SHALL
FILE THE AFFIDAVIT
ON AN ANNUAL BASIS.
(B) AT ANY TIME AFTER THE FILING OF THE ORIGINAL AFFIDAVIT OF
GARNISHMENT, THE JUDGMENT CREDITOR OR THE JUDGMENT CREDITOR'S ATTORNEY MAY
FILE WITH THE COURT, THE GARNISHEE, AND THE JUDGMENT DEBTOR AN AFFIDAVIT OF
CURRENT BALANCE DUE ON GARNISHMENT ORDER THAT CONTAINS THE CURRENT BALANCE DUE
ON THE ORDER.
(C) AN AFFIDAVIT OF CURRENT BALANCE DUE ON GARNISHMENT ORDER
SHALL CONTAIN THE NAME OF THE COURT ISSUING THE ORDER, THE CASE NUMBER, THE
CAPTION OF THE CASE,
THE ORIGINAL AMOUNT OF THE JUDGMENT THAT IS THE BASIS OF THE ORDER, THE
ACCRUED INTEREST TO DATE, THE COURT
COSTS ASSESSED TO
DATE, ALL MONEYS PAID TO THE JUDGMENT CREDITOR AND THE JUDGMENT
CREDITOR'S ATTORNEY ON THE JUDGMENT TO DATE, THE CURRENT BALANCE
DUE, THE NAME AND ADDRESS OF THE JUDGMENT CREDITOR AND THE
JUDGMENT CREDITOR'S ATTORNEY, AND THE DATE OF THE AFFIDAVIT. THE
JUDGMENT CREDITOR OR JUDGMENT CREDITOR'S ATTORNEY SHALL SERVE THE
AFFIDAVIT UPON THE JUDGMENT DEBTOR BY PERSONALLY DELIVERING IT TO
THE JUDGMENT DEBTOR BY PERSONAL SERVICE, BY SENDING IT TO THE
JUDGMENT DEBTOR BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR BY
SENDING IT TO THE JUDGMENT DEBTOR BY REGULAR MAIL EVIDENCED BY A
PROPERLY COMPLETED AND STAMPED CERTIFICATE OF MAILING BY REGULAR
MAIL, ADDRESSED TO THE JUDGMENT DEBTOR'S LAST KNOWN PLACE OF
RESIDENCE. A
CERTIFICATE OF SERVICE UPON THE JUDGMENT DEBTOR
SHALL BE ATTACHED TO EACH AFFIDAVIT OF CURRENT BALANCE DUE ON
GARNISHMENT ORDER.
(D) COURT COSTS SHALL NOT BE ASSESSED FOR FILING THE AFFIDAVIT OF
CURRENT BALANCE DUE ON GARNISHMENT ORDER WITH THE COURT.
(E)(1) WHEN A JUDGMENT CREDITOR OR A JUDGMENT CREDITOR'S ATTORNEY
ISSUES AN AFFIDAVIT OF CURRENT BALANCE DUE ON GARNISHMENT ORDER
IN ACCORDANCE WITH DIVISION (A)
OF THIS SECTION, THE JUDGMENT CREDITOR OR THE JUDGMENT CREDITOR'S
ATTORNEY SHALL COMPLY WITH DIVISION (E) OF THIS SECTION AND SERVE THE
NOTICE AND REQUEST FOR HEARING UPON THE JUDGMENT
DEBTOR IN ACCORDANCE WITH DIVISION (E) OF THIS SECTION.
(2)(a) THE NOTICE TO THE JUDGMENT DEBTOR THAT THE JUDGMENT
CREDITOR OR THE JUDGMENT CREDITOR'S ATTORNEY IS REQUIRED TO SERVE ON
AND DELIVER TO THE JUDGMENT DEBTOR SHALL BE IN SUBSTANTIALLY THE FOLLOWING
FORM:
"(NAME AND ADDRESS OF THE
COURT)
NOTICE TO THE JUDGMENT DEBTOR
YOU ARE HEREBY NOTIFIED THAT THE JUDGMENT CREDITOR IN THIS
PROCEEDING HAS ISSUED AN AFFIDAVIT OF CURRENT BALANCE DUE ON
GARNISHMENT ORDER IN THE ABOVE CASE.
THE DOCUMENT
ENTITLED "AFFIDAVIT OF CURRENT BALANCE DUE ON GARNISHMENT ORDER"
THAT IS ENCLOSED WITH THIS NOTICE SHOWS THE ORIGINAL AMOUNT OF THE
JUDGMENT THAT WAS THE BASIS OF THE GARNISHMENT ORDER, THE ACCRUED
INTEREST TO DATE, THE COURT COSTS ASSESSED TO DATE, ALL MONEYS
PAID TO THE JUDGMENT CREDITOR AND THE JUDGMENT CREDITOR'S ATTORNEY
ON THE JUDGMENT TO DATE, AND THE CURRENT BALANCE DUE ON THE
JUDGMENT.
IF YOU DISPUTE THE JUDGMENT CREDITOR'S DETERMINATION OF THESE
AMOUNTS OR IF YOU BELIEVE THAT THIS AFFIDAVIT IS IMPROPER FOR ANY
OTHER REASON, YOU MAY REQUEST A HEARING BEFORE THIS COURT BY
DISPUTING THE AFFIDAVIT IN THE REQUEST FOR HEARING FORM, APPEARING
BELOW, OR IN A SUBSTANTIALLY SIMILAR FORM, AND DELIVERING THE
REQUEST FOR HEARING TO THIS COURT AT THE ABOVE ADDRESS, AT THE
OFFICE OF THE CLERK OF THIS COURT, NO LATER THAN THE END OF THE
FIFTH BUSINESS DAY AFTER YOU RECEIVE THIS NOTICE. YOU MAY STATE
YOUR REASONS FOR DISPUTING THE JUDGMENT CREDITOR'S DETERMINATION
OF THE AMOUNTS SHOWN IN THE "AFFIDAVIT OF CURRENT BALANCE DUE ON
GARNISHMENT ORDER" IN THE SPACE PROVIDED ON THE FORM; HOWEVER, YOU
ARE NOT REQUIRED TO DO SO. IF YOU DO STATE YOUR REASONS FOR
DISPUTING THE JUDGMENT CREDITOR'S DETERMINATION, YOU ARE NOT
PROHIBITED FROM STATING ANY OTHER REASON AT THE HEARING. IF YOU
DO NOT STATE YOUR REASONS, IT WILL NOT BE HELD AGAINST YOU BY THE
COURT, AND YOU CAN STATE YOUR REASONS AT THE HEARING. NO
OBJECTIONS TO THE JUDGMENT ITSELF WILL BE HEARD OR CONSIDERED AT THE
HEARING. THE HEARING WILL BE LIMITED TO A CONSIDERATION OF THE
AMOUNT CURRENTLY DUE ON THE JUDGMENT YOU OWE TO THE JUDGMENT CREDITOR.
IF YOU REQUEST A HEARING BY DELIVERING YOUR REQUEST FOR HEARING NOT
LATER THAN THE END OF THE FIFTH BUSINESS DAY AFTER YOU RECEIVE
THIS NOTICE, THE COURT WILL CONDUCT THE HEARING NO LATER THAN TWELVE DAYS
AFTER
YOUR REQUEST IS RECEIVED BY THE COURT, AND THE COURT WILL SEND YOU
NOTICE OF THE DATE, TIME, AND PLACE. YOU MAY INDICATE IN THE FORM
THAT YOU BELIEVE THAT THE NEED FOR THE HEARING IS AN EMERGENCY AND
THAT IT SHOULD BE GIVEN PRIORITY BY THE COURT. IF YOU DO SO, THE
COURT WILL SCHEDULE THE HEARING AS SOON AS PRACTICABLE AFTER YOUR
REQUEST IS RECEIVED AND WILL SEND YOU NOTICE OF THE DATE, TIME,
AND PLACE. IF YOU DO NOT REQUEST A HEARING BY DELIVERING YOUR
REQUEST FOR HEARING NOT LATER THAN THE END OF THE FIFTH BUSINESS
DAY AFTER YOU RECEIVE THIS NOTICE, SOME OF YOUR PERSONAL EARNINGS
WILL CONTINUE TO BE PAID TO THE JUDGMENT CREDITOR UNTIL THE
JUDGMENT IS SATISFIED.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS MATTER, YOU MAY CONTACT
THE OFFICE OF THE CLERK OF THIS COURT. IF YOU WANT LEGAL
REPRESENTATION, YOU SHOULD CONTACT YOUR LAWYER IMMEDIATELY. IF YOU
NEED THE NAME OF A LAWYER, YOU SHOULD CONTACT THE LOCAL BAR ASSOCIATION.
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JUDGMENT CREDITOR OR JUDGMENT
CREDITOR'S ATTORNEY
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DATE"
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(b) THE REQUEST FOR HEARING FORM THAT THE JUDGMENT CREDITOR OR
THE JUDGMENT CREDITOR'S ATTORNEY IS REQUIRED TO SERVE ON AND
DELIVER TO THE JUDGMENT DEBTOR SHALL HAVE ATTACHED TO IT A POSTAGE-PAID,
SELF-ADDRESSED
ENVELOPE OR SHALL BE ON A POSTAGE-PAID, SELF-ADDRESSED POSTCARD, AND SHALL BE
IN SUBSTANTIALLY
THE FOLLOWING FORM:
"(NAME AND ADDRESS OF COURT)
CASE NUMBER ..........
DATE ...........
REQUEST FOR HEARING
I DISPUTE THE JUDGMENT CREDITOR'S DETERMINATION OF CURRENT
BALANCE DUE ON GARNISHMENT ORDER IN THE ABOVE CASE AND REQUEST THAT
A HEARING IN THIS MATTER BE HELD NOT LATER THAN TWELVE DAYS AFTER
DELIVERY OF THIS REQUEST TO THE COURT.
I ......................... BELIEVE THAT THE NEED FOR
(INSERT "DO" OR "DO NOT")
THE HEARING IS AN EMERGENCY.
I DISPUTE THE JUDGMENT CREDITOR'S DETERMINATION FOR THE FOLLOWING
REASONS:
(OPTIONAL)
I UNDERSTAND THAT NO OBJECTIONS TO THE JUDGMENT ITSELF WILL BE
CONSIDERED AT THE HEARING.
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(NAME OF JUDGMENT
DEBTOR)
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(SIGNATURE)
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DATE
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WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK OF
THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT,
YOU WAIVE YOUR RIGHT TO A HEARING, AND SOME OF YOUR PERSONAL
EARNINGS WILL CONTINUE TO BE PAID TO (JUDGMENT CREDITOR'S NAME) IN
SATISFACTION OF YOUR DEBT TO THE JUDGMENT CREDITOR."
(F) THE JUDGMENT DEBTOR MAY RECEIVE A HEARING IN ACCORDANCE WITH
THIS DIVISION BY DELIVERING A WRITTEN REQUEST FOR A HEARING TO THE CLERK OF
THE COURT WITHIN
FIVE BUSINESS DAYS AFTER RECEIPT OF THE NOTICE PROVIDED PURSUANT TO
DIVISION (E) OF THIS SECTION. THE REQUEST MAY SET FORTH THE
JUDGMENT DEBTOR'S REASONS FOR DISPUTING THE JUDGMENT CREDITOR'S
DETERMINATION OF THE CURRENT BALANCE DUE ON GARNISHMENT ORDER;
HOWEVER, NEITHER THE JUDGMENT DEBTOR'S INCLUSION OF NOR THE
JUDGMENT DEBTOR'S FAILURE TO INCLUDE THOSE REASONS UPON THE
REQUEST CONSTITUTES A WAIVER OF ANY DEFENSE OF THE JUDGMENT DEBTOR
OR AFFECTS THE JUDGMENT DEBTOR'S RIGHT TO PRODUCE EVIDENCE AT THE
HEARING. IF THE REQUEST IS MADE BY THE JUDGMENT DEBTOR WITHIN THE
PRESCRIBED TIME, THE COURT SHALL SCHEDULE A HEARING NO LATER THAN
TWELVE DAYS AFTER THE REQUEST IS MADE, UNLESS THE JUDGMENT DEBTOR
INDICATED THAT THE JUDGMENT DEBTOR BELIEVED THE NEED FOR THE HEARING
WAS AN EMERGENCY, IN WHICH CASE THE COURT SHALL SCHEDULE THE
HEARING AS SOON AS PRACTICABLE AFTER THE REQUEST IS MADE. THE COURT SHALL
SEND NOTICE
OF THE DATE, TIME, AND PLACE OF THE HEARING TO THE
PARTIES IN ACCORDANCE WITH DIVISION (H) OF THIS SECTION. THE
HEARING SHALL BE LIMITED TO A CONSIDERATION OF THE AMOUNT OF THE CURRENT
BALANCE DUE ON THE GARNISHMENT ORDER, IF ANY.
(G) IF THE JUDGMENT DEBTOR DOES NOT REQUEST A HEARING WITHIN THE
PRESCRIBED TIME PURSUANT TO DIVISION (F) OF THIS SECTION, THE
GARNISHEE SHALL CONTINUE TO PAY SOME OF THE JUDGMENT DEBTOR'S PERSONAL
DISPOSABLE EARNINGS INTO COURT. IF A HEARING IS CONDUCTED, THE COURT
SHALL DETERMINE AT THE HEARING THE AMOUNT OWED BY THE JUDGMENT DEBTOR TO
THE JUDGMENT CREDITOR AND ISSUE AN ORDER, ACCORDINGLY, TO THE
GARNISHEE TO PAY THAT AMOUNT, CALCULATED EACH PAY PERIOD AT THE
STATUTORY PERCENTAGE, OF THE PERSONAL DISPOSABLE EARNINGS INTO
COURT. IF THE COURT DETERMINES THAT THE JUDGMENT DEBTOR HAS
OVERPAID ON THE JUDGMENT, THE COURT SHALL ISSUE AN ORDER TO THE
JUDGMENT CREDITOR TO PAY THAT AMOUNT TO THE JUDGMENT DEBTOR AND
ISSUE AN ORDER TERMINATING THE GARNISHMENT. IF THE COURT
DETERMINES THAT THE JUDGMENT IS SATISFIED, THEN THE COURT SHALL
ISSUE AN ORDER TERMINATING THE GARNISHMENT.
(H) IF THE JUDGMENT DEBTOR REQUESTS A HEARING WITHIN THE
PRESCRIBED TIME PURSUANT TO DIVISION (F) OF THIS SECTION, THE
CLERK SHALL SEND A NOTICE OF THE DATE, TIME, AND PLACE OF THE
HEARING BY REGULAR MAIL TO THE JUDGMENT CREDITOR OR THE JUDGMENT
CREDITOR'S ATTORNEY AND THE JUDGMENT DEBTOR.
Sec. 2716.04. The affidavit required by section 2716.03 of the Revised Code
in a proceeding for garnishment of personal earnings shall be accompanied by
the return receipt requested for the written demand made pursuant to section
2716.02 of the Revised Code, the unclaimed letter, or a photographic or other
direct image copy of the receipt or letter if the demand was sent by certified
mail, return receipt requested; by proof of
service by the court of the demand; or by a properly completed and stamped
certificate of mailing by regular mail, a photographic or other direct image
copy of the demand, and a sworn statement that it was sent by regular mail.
The affidavit also shall be accompanied by
ten dollars as the garnishee's fee for
compliance with the order, and that fee shall
be charged as court costs. THE CLERK SHALL SERVE A COPY OF THE
AFFIDAVIT ON THE GARNISHEE.
Sec. 2716.041. (A) When a municipal court,
county court, or court of common pleas issues an order of
garnishment of personal earnings following a judgment creditor's
filing of an affidavit in accordance with section 2716.03 of the
Revised
Code and the judgment
creditor's compliance with section 2716.04 of the
Revised
Code, the order shall operate
in the manner described in this section, be served upon the
garnishee in accordance with section 2716.05 of the
Revised
Code, be answered by the
garnishee in accordance with division
(F)(E) of this section and
sections 2716.05 and 2716.21 of the
Revised
Code, and be served upon the
judgment debtor in accordance with section 2716.06 of the
Revised
Code.
(B) Except as otherwise
provided in this section, an order of garnishment of personal
earnings shall be a continuous order that requires the garnishee
to withhold a specified amount CALCULATED EACH PAY PERIOD AT THE STATUTORY
PERCENTAGE
from the judgment debtor's
personal DISPOSABLE earnings during each pay period of the judgment
debtor following COMMENCING WITH THE FIRST FULL PAY PERIOD BEGINNING
AFTER the
garnishee's receipt of GARNISHEE RECEIVES the order until the
judgment in favor of the judgment creditor and the associated
court costs, judgment interest, and, if applicable, prejudgment
interest awarded to the judgment creditor have been paid in
full. For this purpose, the order of garnishment of personal
earnings shall specify the total probable amount due on the
judgment; shall state that that total probable amount includes
the unpaid portion of the judgment in favor of the judgment
creditor and specify that unpaid portion; shall state that that
total probable amount includes judgment interest and, if
applicable, prejudgment interest at the rate prescribed in
division (A) of section 1343.03
of the Revised
Code or a different rate
provided in a written contract and specify the applicable
interest rate; and shall state that that total probable amount
includes the court costs awarded to the judgment
creditor and
specify the amount of those court costs.
(C)(1) A continuous
order of garnishment of personal earnings described in division
(B) of this section remains in
effect until whichever of the following first occurs:
(a) The total probable amount due on
the judgment described in division
(B) of this section is paid in
full to the judgment creditor as a result of the garnishee's
withholding of the specified amount from the judgment debtor's
personal DISPOSABLE earnings during each pay period of the judgment
debtor
following COMMENCING WITH THE FIRST FULL PAY PERIOD BEGINNING
AFTER the
garnishee's receipt of GARNISHEE RECEIVES the order.
(b) The judgment creditor files with
the court that issued the order, and serves upon the garnishee
and judgment debtor in the same manner as a summons is served, EITHER a
written notice that the total probable amount due on the
judgment described in division
(B) of this section has been
paid in full to the judgment creditor in the manner
described in division
(C)(1)(a)
of this section or otherwise has been satisfied OR A WRITTEN REQUEST TO
TERMINATE THE ORDER OF GARNISHMENT AND RELEASE THE GARNISHEE FROM THE MANDATE
OF THE ORDER OF GARNISHMENT.
(c) A municipal or county court
appoints a trustee for the judgment debtor pursuant to section
2329.70 of the Revised
Code and issues to the
garnishee an order that stays the continuous order of
garnishment of personal earnings.
(d) A bankruptcy court of the
United
States issues to the garnishee
an order that stays the continuous order of garnishment of
personal earnings.
(e) A municipal or county court or a
court of common pleas issues to the garnishee another order of
garnishment of personal earnings that relates to the same
judgment debtor and a different judgment creditor, and the law
of this state or of the United
States provides that the other
order of garnishment of personal earnings has a higher priority
than the pending continuous order of garnishment of personal
earnings. A higher priority order of that nature may include,
but is not limited to, a support order and an
internal
revenue
service levy.
(f) A municipal or county court or a
court of common pleas issues to the garnishee another
order of garnishment of personal earnings that relates to
the same judgment debtor and a different judgment creditor and
that is not described in division
(C)(1)(e)
of this section.
(2) If the circumstances described in division
(C)(1)(e)
or (f) of this section apply to a continuous
order of garnishment of personal earnings, division
(D) of this section also
applies to the garnishee and that order.
(3) As long as a continuous order of garnishment of
personal earnings with respect to a particular judgment debtor
and a particular judgment creditor
remains in effect or, if the circumstances described in division
(C)(1)(e)
or (f) of this section apply to an order of
that nature, as long as division
(D) of this section applies to
the garnishee and an order of that nature, the particular judgment creditor
may not file in any municipal or
county court or any court of common pleas another affidavit as
described in section 2716.03 of the
Revised
Code that pertains to the
particular judgment debtor and the same judgment that underlies
the order.
(4)(a) Subject to divisions
(C)(1) and
(D) of this section
and section 2716.05 of the
Revised
Code, a garnishee to whom a
municipal or county court or court of common pleas issues a
continuous order of garnishment of personal earnings shall pay
to the court
within thirty days after each pay period of the
judgment debtor ends the amount, CALCULATED EACH PAY PERIOD AT THE
STATUTORY
PERCENTAGE, that the order
specifies to be
withheld from the judgment debtor's personal DISPOSABLE earnings during
each pay period of the judgment debtor following COMMENCING WITH THE
FIRST FULL PAY PERIOD BEGINNING AFTER the garnishee's
receipt of GARNISHEE RECEIVES the order. The payment to the court
of that amount CALCULATED EACH PAY PERIOD AT THE STATUTORY PERCENTAGE
shall be
accompanied by the garnishee's
interim report and
answer that shall be substantially in the form set forth in
section 2716.07 of the Revised
Code and shall specifically
state all of the following:
(i) The date that the garnishee
received the continuous order of garnishment of personal
earnings;
(ii) The total probable amount due on
the judgment, as described in division
(B) of this section;
(iii) The amount of the judgment
debtor's personal DISPOSABLE earnings that has been withheld for the
particular pay period and that is being submitted with the
interim report and answer.
(b) A garnishee shall prepare each
interim report and answer in triplicate, shall submit one
complete and signed copy of that document to the
court in accordance with division
(C)(4)(a)
of this section, shall retain one complete and signed
copy of that document for the garnishee's records, and
shall deliver one complete and signed copy of that
document to the judgment debtor.
(c) A GARNISHEE TO WHOM A MUNICIPAL OR COUNTY COURT OR COURT OF
COMMON PLEAS ISSUES A CONTINUOUS ORDER OF GARNISHMENT OF PERSONAL EARNINGS MAY
ELECTRONICALLY
PERFORM BOTH OF THE FOLLOWING:
(i) PAY TO THE COURT THE AMOUNT CALCULATED EACH PAY PERIOD AT THE
STATUTORY
PERCENTAGE OF THE JUDGMENT DEBTOR'S PERSONAL DISPOSABLE EARNINGS THAT
THE ORDER SPECIFIES TO BE WITHHELD FROM THE JUDGMENT DEBTOR'S PERSONAL
DISPOSABLE
EARNINGS BY ELECTRONIC
TRANSFER OF FUNDS IF THE COURT PERMITS PAYMENT TO BE
MADE ELECTRONICALLY;
(ii) FILE THE GARNISHEE'S INTERIM REPORT AND ANSWER OR THE
GARNISHEE'S FINAL REPORT AND ANSWER BY ELECTRONIC
IMAGE TRANSMISSION IF THE CLERK OF THE COURT PERMITS THE FILING OF DOCUMENTS
ELECTRONICALLY.
(d) A GARNISHEE TO WHOM A MUNICIPAL OR COUNTY COURT OR COURT OF
COMMON PLEAS ISSUES A CONTINUOUS ORDER OF GARNISHMENT OF PERSONAL
EARNINGS SHALL FILE WITH THE COURT THE GARNISHEE'S INTERIM REPORT
AND ANSWER FOR EACH PAY PERIOD OF THE JUDGMENT DEBTOR FOR WHICH AN
AMOUNT FROM THE JUDGMENT DEBTOR'S PERSONAL DISPOSABLE EARNINGS
DURING THAT PAY PERIOD WAS WITHHELD FOR THAT ORDER. THE
GARNISHEE IS NOT REQUIRED TO FILE AN INTERIM REPORT AND ANSWER
FOR ANY PAY PERIOD FOR WHICH NO AMOUNT FROM THE JUDGMENT DEBTOR'S
PERSONAL DISPOSABLE EARNINGS DURING THAT PAY PERIOD WAS WITHHELD
FOR THAT ORDER.
(e) A GARNISHEE TO WHOM A MUNICIPAL OR COUNTY COURT OR COURT OF
COMMON PLEAS ISSUES A CONTINUOUS ORDER OF GARNISHMENT OF PERSONAL EARNINGS MAY
DEDUCT A
PROCESSING FEE OF UP TO THREE DOLLARS FROM THE AMOUNT WITHHELD FROM THE
JUDGMENT DEBTOR'S
PERSONAL DISPOSABLE EARNINGS FOR EACH PAY PERIOD OF THE JUDGMENT
DEBTOR THAT AN AMOUNT FROM THE JUDGMENT DEBTOR'S PERSONAL
DISPOSABLE EARNINGS WAS WITHHELD FOR THAT ORDER. A GARNISHEE SHALL NOT
DEDUCT THE PROCESSING
FEE FOR ANY PAY PERIOD IN WHICH NO AMOUNT
FROM THE JUDGMENT DEBTOR'S PERSONAL DISPOSABLE EARNINGS DURING
THAT PAY PERIOD WAS WITHHELD FOR THAT ORDER AND NO GARNISHEE'S
INTERIM REPORT AND ANSWER IS FILED. THE GARNISHEE'S PROCESSING FEE SHALL NOT
BE CHARGED AS COURT COSTS.
(5)(a) Subject to division
(D) of this section, if a
continuous order of garnishment of personal earnings ceases to
remain in effect because of the operation of division
(C)(1) of this section, the
garnishee shall file with the municipal or county court or the
court of common pleas that issued the order the garnishee's
final report and answer. The final report and answer shall be
substantially in the form set forth in section 2716.08 of the
Revised
Code and shall specifically
state all of the following:
(i) The date that the garnishee
received the continuous order of garnishment of personal
earnings;
(ii) The total probable amount due on
the judgment, as described in division
(B) of this section;
(iii) The total amount of the
judgment debtor's personal DISPOSABLE earnings that the garnishee has
withheld and paid to the court while the
order remained in
effect;
(iv) The reason listed in division
(C)(1) of this section that
precludes the continuation of the withholding of the specified
amount of the judgment debtor's personal DISPOSABLE earnings in
accordance
with the order. This reason shall be stated only
if the total probable amount due on the judgment, as described
in division (B) of this
section, is not the total amount of the judgment debtor's
personal DISPOSABLE earnings that the garnishee withheld and paid to
the court while the order remained in effect and if the reason that
the order has ceased to remain in effect is described in
division
(C)(1)(c),
(d), (e), or (f) of this
section.
(b) A garnishee shall prepare each
final report and answer in triplicate, shall submit one complete
and signed copy of that document to the court in accordance with
division
(C)(5)(a)
of this section, shall retain one complete and signed copy of
that document for the garnishee's records, and shall deliver one
complete and signed copy of that document to the judgment
debtor.
(D)(1) Except as
provided in division (D)(2) of
this section, if a garnishee receives an order of garnishment of
personal earnings with respect to a particular judgment debtor
and if, at the time of the receipt of that order, the garnishee
is the subject of a previously received continuous order of
garnishment of personal earnings with respect to the same
judgment debtor, the previous order shall cease to remain in
effect as described in division
(C)(1)(f)
of this section. However, until at least FOR THE TIME PERIOD UP TO
AND INCLUDING THE FULL PAY PERIOD WITHIN WHICH THE one hundred
eighty-two
days have expired EIGHTY-SECOND DAY from the date that the
garnishee began
processing the
previous order FALLS, the garnishee shall withhold the specified amount
from the judgment debtor's personal earnings in accordance with
the previous order. During that TIME period, the previous order
shall be deemed a higher priority order. Upon the expiration of
that FINAL FULL PAY period, the garnishee shall comply with division
(C)(5) of this section.
(2) If a garnishee receives an order of garnishment of
personal earnings with respect to a particular judgment debtor,
if, at the time of the receipt of that order, the garnishee is
the subject of a previously received continuous order of
garnishment of personal earnings with respect to the same
judgment debtor, and if the law of this state or of the
United
States provides that the
subsequent order has a higher priority than the previous order,
the previous order shall cease to remain in effect as described
in division
(C)(1)(e)
of this section. However, until at least FOR THE TIME PERIOD UP TO
AND INCLUDING THE FULL PAY PERIOD WITHIN WHICH THE one hundred
eighty-two
days have expired EIGHTY-SECOND DAY from the date the garnishee
began
processing the
previous order FALLS, the garnishee shall comply with division
(D)(3)(c)(ii)
of this section. Upon the expiration of that FINAL FULL PAY period,
the
garnishee shall comply with division
(C)(5) of this section.
(3)(a) Except as provided in division
(D)(2) and
(3)(b) and (c) of this
section, if a garnishee receives an order of garnishment of
personal earnings with respect to a particular judgment debtor
and if, at the time of the receipt of that order, the garnishee
is the subject of a previously received continuous order of
garnishment of personal earnings with respect to the same
judgment debtor, the garnishee shall do both of the
following:
(i) The garnishee shall process the
subsequent order in the order in which the garnishee receives it,
COMMENCING WITH THE FIRST FULL PAY PERIOD BEGINNING AFTER THE SUBSEQUENT
ORDER REACHES HIGHEST PRIORITY, and only after all previously
received orders of garnishment of
personal earnings with respect to the same judgment debtor have
been processed for a one-hundred-eighty-two-day
period TIME PERIOD UP TO AND INCLUDING THE FULL PAY PERIOD WITHIN WHICH
THE ONE-HUNDRED-EIGHTY-SECOND DAY FROM THE FIRST PROCESSING DATE FALLS or
have
ceased to remain in effect for a reason listed in division
(C)(1) of this section.
(ii) When, pursuant to the procedure
required by division
(D)(3)(a)(i)
of this section for the stacking of orders of garnishment of
personal earnings with respect to the same judgment debtor, the
subsequent order reaches highest priority, the garnishee, COMMENCING
WITH THE FIRST FULL PAY PERIOD BEGINNING AFTER THE SUBSEQUENT ORDER REACHES
HIGHEST PRIORITY, shall
process the subsequent order
until the subsequent order ceases to remain in effect
for a reason listed in division
(C)(1) of this section.
(b) If a garnishee receives an order of
garnishment of personal earnings with respect to a particular
judgment debtor, if, at the time of the receipt of that order,
the garnishee is the subject of a previously received continuous
order of garnishment of personal earnings with respect to the
same judgment debtor, and if the previous order has a higher
priority under division (D)(1)
or (3)(a) of this section, the garnishee
shall do both of the following:
(i) The garnishee shall withhold from
the judgment debtor's personal earnings during each pay period
the amount, CALCULATED EACH PAY PERIOD AT THE STATUTORY PERCENTAGE,
OF THE JUDGMENT
DEBTOR'S PERSONAL DISPOSABLE EARNINGS DURING EACH PAY PERIOD specified in
the previous order for the requisite
one-hundred-eighty-two-day period
TIME PERIOD UP TO AND INCLUDING THE
FULL PAY PERIOD WITHIN WHICH THE ONE-HUNDRED-EIGHTY-SECOND-PROCESSING DAY
FALLS or until the previous order ceases
to remain in effect for a reason listed in division
(C)(1) of this section.
(ii) If the maximum amount of the
personal earnings of the judgment debtor that may be
garnished during each pay period under the law of
this state or of the United
States is not exceeded after
the application of division
(D)(3)(b)(i)
of this section, the garnishee shall withhold from the judgment
debtor's personal DISPOSABLE earnings during each pay period the
amount, CALCULATED EACH PAY PERIOD AT THE STATUTORY
PERCENTAGE, specified
in one or more of the subsequent orders, in their
order of priority, COMMENCING WITH THE FIRST FULL PAY PERIOD BEGINNING
AFTER THE SUBSEQUENT ORDER REACHES PRIORITY, until the maximum
amount, CALCULATED EACH PAY
PERIOD AT THE
STATUTORY PERCENTAGE, of the personal DISPOSABLE earnings of
the judgment debtor that may be garnished during
each pay period under the law of this state or of the
United
States is reached and as long
as the requisite
one-hundred-eighty-two-day
processing period
TIME PERIOD UP TO AND INCLUDING THE FULL PAY PERIOD WITHIN
WHICH THE ONE-HUNDRED-EIGHTY-SECOND PROCESSING DAY
FALLS
has not expired with respect to a subsequent order and the
subsequent order has not ceased to remain in effect for a reason
listed in division (C)(1) of
this section.
(c) If a garnishee receives an order
of garnishment of personal earnings with respect to a particular
judgment debtor, if, at the time of the receipt of that order,
the garnishee is the subject of a previously received continuous
order of garnishment of personal earnings with respect to the
same judgment debtor, and if the subsequent order has a higher
priority under division (D)(2)
of this section, the garnishee shall do both of the
following:
(i) The garnishee shall withhold from
the judgment debtor's personal DISPOSABLE earnings during each pay
period
the amount, CALCULATED EACH PAY PERIOD AT THE STATUTORY
PERCENTAGE,
specified in the subsequent order, COMMENCING WITH THE FIRST FULL
PAY PERIOD BEGINNING AFTER THE SUBSEQUENT ORDER REACHES PRIORITY.
(ii) If the maximum amount of the
personal earnings of the judgment debtor that may be garnished
during each pay period under the law of this state or of the
United
States is not exceeded after
the application of division
(D)(3)(c)(i)
of this section, the garnishee shall withhold from the judgment
debtor's personal DISPOSABLE earnings during each pay period the
amount, CALCULATED EACH PAY PERIOD AT THE STATUTORY PERCENTAGE, OF
THE JUDGMENT
DEBTOR'S PERSONAL DISPOSABLE EARNINGS DURING EACH PAY PERIOD
specified in one or more of the previous orders, in their order
of priority, until the maximum amount of the personal earnings
of the judgment debtor that may be garnished during each pay
period under the law of this state or of the
United
States is reached and as long
as the requisite
one-hundred-eighty-two-day
processing period
TIME PERIOD UP TO AND INCLUDING THE FULL PAY PERIOD WITHIN
WHICH THE ONE-HUNDRED-EIGHTY-SECOND PROCESSING DAY
FALLS
has not expired with respect to a previous order and the
previous order has not ceased to remain in effect for a reason
listed in division (C)(1) of
this section.
(E) If a garnishee
receives an order of garnishment of personal earnings with
respect to a particular judgment debtor and that order, after
applying the provisions of this section, has a higher priority
than a previously received continuous order of garnishment of
personal earnings with respect to the same judgment debtor, the
garnishee promptly shall notify the judgment creditor associated
with the previous order of the receipt of the higher priority
order.
(F) If a garnishee
receives an order of garnishment of personal earnings with
respect to a particular judgment debtor and if, at the time of
the receipt of that order, the garnishee is the subject of one
or more previously received continuous orders of garnishment of
personal earnings with respect to the same judgment debtor, the
garnishee shall include in its answer of employer filed pursuant
to section 2716.05 of the
Revised
Code in relation to the
subsequent order all of the following information:
(1) The name of the court that issued the subsequent
order and each previous order and the case number associated
with each of those orders;
(2) The date that the garnishee received the subsequent
order and each previous order;
(3) With respect to the subsequent order and each
previous order, the balance due to the relevant judgment
creditor at the time of the filing of the answer of employer.
The garnishee shall calculate the balance due in relation to a
particular order by subtracting the total amount of the judgment
debtor's personal earnings that the garnishee previously has
withheld and paid to the court pursuant to that
order from the total probable amount due on the judgment
underlying that order, as described in division
(B) of this section.
Sec. 2716.05. The garnishee shall be served, in the same
manner as a summons is served, with three copies of the
order of garnishment of personal earnings
and of a written notice that the garnishee answer as
provided in division (F)(E) of section 2716.041 of the
Revised Code, this section, and section 2716.21 of
the Revised Code and
with the
garnishee's fee required by section 2716.04 of the Revised Code.
The garnishee also shall
be served, at that time, with two copies of the notice to the
judgment debtor form and of the request for
hearing form described in section
2716.06 of the Revised Code, one copy of the interim report and
answer form described in section 2716.07 of the
Revised
Code, ONE COPY OF THE EMPLOYER GUIDE TO PROCESSING CONTINUOUS ORDERS OF
GARNISHMENT, and one copy of the final
report and answer form described in section 2716.08 of
the Revised
Code.
A court of common pleas or municipal or county court
that
issues an order of garnishment of personal earnings has
jurisdiction to serve process pursuant to this section upon a
garnishee who does not reside within the territorial jurisdiction of
the
court. If the garnishee does not reside within the
territorial jurisdiction of the court that issued the order, the
process may
be served upon the garnishee by the proper officer of the county in
which the garnishee resides or may be served
upon the garnishee by personal service by the court, by
sending it to the garnishee by certified mail, return receipt
requested, or by sending it to the garnishee by
regular mail evidenced by a properly completed and stamped
certificate of mailing by regular mail.
The order of garnishment of personal earnings shall bind
the personal earnings of the judgment debtor due from the
garnishee at the time of service in accordance with this section.
The
order of garnishment of personal earnings and notice to answer
shall be in substantially the following form:
"ORDER AND NOTICE OF GARNISHMENT AND ANSWER OF EMPLOYER
| Docket No.
|
| Case No.
|
| In the
Court |
|
, Ohio |
The State of Ohio
County of ....................., ss
......................., Judgment Creditor
vs.
......................., Judgment Debtor
SECTION A. COURT ORDER AND NOTICE OF GARNISHMENT
To: ............................................, Garnishee
The judgment creditor in the above case has filed an
affidavit, satisfactory to the undersigned, in this court stating that
you owe
the judgment debtor money for personal earnings and that some of that
money may not be exempt from garnishment under the laws of the
State of Ohio or the laws of the United States.
You are therefore ordered to complete the "ANSWER OF EMPLOYER
(GARNISHEE)" in section B of this form. Return one completed and
signed
copy of this form to the clerk of this court within five (5)
business days after you receive this order of garnishment
together with the amount determined in accordance with the "ANSWER
OF
EMPLOYER (GARNISHEE)."
Deliver one completed and signed copy of
this form and the accompanying documents
entitled "NOTICE TO THE
JUDGMENT DEBTOR" and "REQUEST FOR HEARING" to the
judgment debtor. Keep the other completed and signed
copy of this form for
your files.
(The total probable amount now due on this judgment is
$...................
The total probable amount now due
includes the unpaid portion of the judgment in favor of the
judgment creditor, which is $........; interest on that judgment
and, if applicable, prejudgment interest relative to that
judgment at the rate of .....% per annum payable until that
judgment is satisfied in full;
and court costs in the amount of
$..........)
This order of garnishment of personal earnings is a
continuous order that generally requires you to withhold a
specified amount, CALCULATED EACH PAY PERIOD AT THE STATUTORY PERCENTAGE,
OF THE JUDGMENT
DEBTOR'S PERSONAL DISPOSABLE EARNINGS DURING EACH PAY PERIOD, as
determined in accordance with the
"INTERIM REPORT AND ANSWER OF EMPLOYER
(GARNISHEE)," from the judgment
debtor's personal DISPOSABLE earnings during each pay period of the
judgment debtor following your receipt of COMMENCING WITH THE
FIRST FULL PAY PERIOD BEGINNING AFTER YOU RECEIVE the order until the
judgment in favor of the judgment creditor and the associated
court costs, judgment interest, and, if
applicable, prejudgment
interest awarded to the judgment creditor as described above
have been paid in full. You generally must pay that specified
amount, CALCULATED EACH PAY PERIOD AT THE STATUTORY
PERCENTAGE,
to the clerk of this court
within thirty (30) days after
the end of each pay period of the judgment debtor and
must include with that specified amount CALCULATED EACH PAY PERIOD AT THE
STATUTORY
PERCENTAGE an
"INTERIM REPORT AND ANSWER OF GARNISHEE" substantially in the
form set forth in section 2716.07 of the
Ohio
Revised
Code. A copy of
the "INTERIM REPORT AND ANSWER OF GARNISHEE" is attached to this
order of garnishment of personal earnings, and you may photocopy
it to use each time you pay the specified amount to the clerk of
this court. YOU ARE PERMITTED TO DEDUCT A PROCESSING FEE OF UP TO THREE
DOLLARS FROM THE JUDGMENT DEBTOR'S PERSONAL DISPOSABLE EARNINGS FOR ANY PAY
PERIOD OF THE JUDGMENT DEBTOR THAT AN AMOUNT WAS WITHHELD FOR THAT ORDER (THE
PROCESSING FEE IS NOT A PART OF THE COURT COSTS). YOU
ARE NOT REQUIRED TO FILE WITH THE COURT THE "INTERIM REPORT
AND ANSWER OF GARNISHEE" FOR ANY PAY PERIOD OF THE JUDGMENT DEBTOR
FOR WHICH AN AMOUNT FROM THE JUDGMENT DEBTOR'S PERSONAL DISPOSABLE EARNINGS
DURING
THAT PAY PERIOD
WAS NOT WITHHELD FOR THAT ORDER.
This order of garnishment of personal earnings
generally will remain in effect until one of the following
occurs:
(1) The total probable amount due on the judgment as
described above is paid in full as a result of your withholding
of the specified amount, CALCULATED EACH PAY PERIOD AT THE STATUTORY
PERCENTAGE, from the judgment debtor's
personal DISPOSABLE
earnings during each pay period of the judgment debtor following
your receipt of THAT COMMENCED WITH THE FIRST FULL PAY PERIOD BEGINNING
AFTER
YOU RECEIVED
the order.
(2) The judgment creditor OR THE JUDGMENT CREDITOR'S ATTORNEY files
with this court a
written notice that the total probable amount due on the
judgment as described above has been satisfied OR THE JUDGMENT CREDITOR OR
THE JUDGMENT CREDITOR'S ATTORNEY
FILES A WRITTEN REQUEST TO TERMINATE THIS ORDER OF GARNISHMENT AND RELEASE YOU
FROM THE MANDATE OF THIS ORDER OF GARNISHMENT.
(3) A municipal or county court appoints a trustee for
the judgment debtor and issues to you an order that stays this
order of garnishment of personal earnings.
(4) A federal bankruptcy court issues to you an order
that stays this order of garnishment of personal
earnings.
(5) A municipal or county court or a court of common
pleas issues to you another order of garnishment of personal
earnings that relates to the judgment debtor and a different
judgment creditor, and Ohio or
federal law provides the other order with a higher priority than
this order.
(6) A municipal or county court or a court of common
pleas issues to you another order of garnishment of personal
earnings that relates to the judgment debtor and a different
judgment creditor and that does not have a higher priority than
this order.
(7) THE JUDGMENT CREDITOR OR THE JUDGMENT CREDITOR'S ATTORNEY
FILES WITH THIS COURT A WRITTEN REQUEST TO TERMINATE AND RELEASE THE ORDER OF
GARNISHMENT, AND AS A RESULT, THE ORDER OF GARNISHMENT WILL CEASE TO REMAIN IN
EFFECT.
Under any of the circumstances listed above, you are
required to file with this court a
"FINAL REPORT AND ANSWER OF GARNISHEE" substantially in the
form set forth in section 2716.08 of the Ohio Revised
Code. A copy of the
"FINAL REPORT AND ANSWER OF GARNISHEE" is attached to this
order of garnishment of personal earnings. Under the
circumstances listed in (5) and (6) above, you must
cease processing this order of garnishment AFTER THE EXPIRATION OF THE FULL
PAY PERIOD WITHIN WHICH THE one hundred
eighty-two EIGHTY-SECOND (182) days DAY after you
began
processing it FALLS.
Special stacking, priority of payment, and manner of
payment rules apply when a garnishee receives multiple orders of
garnishment with respect to the same judgment debtor. These
rules are set forth in section 2716.041 of the Ohio Revised
Code. AN EMPLOYER GUIDE TO PROCESSING CONTINUOUS ORDERS OF GARNISHMENT IS
INCLUDED WITH THIS ORDER OF GARNISHMENT. You should become
familiar with these rules.
Witness my hand and the seal of this court this ........... day of
..................., ......
SECTION B. ANSWER OF EMPLOYER (GARNISHEE)
(An employer is one who is required to withhold payroll taxes out of payments
of personal earnings made to the judgment debtor.)
(Answer all pertinent questions)
Now comes ..............................., the employer
(garnishee) herein, who says:
1. This order of garnishment of personal earnings was received on
| Yes No |
2. The judgment debtor is in my/our employ. | ... ... |
If answer is "No," give date of last employment. | (2)
|
3. (A) Is the debt to which this
order or OF garnishment
of personal earnings
pertains the subject of an
existing agreement for debt scheduling between the judgment debtor and a
budget and debt counseling service and has the judgment debtor made every
payment that was due under the agreement for debt scheduling no later than
forty-five days after the date on which the payment was due? | ... ... |
If the answer to both parts of this question is "Yes," give all
available details of the agreement, sign this
form, and return it to the
court. | 3(A)
|
| Yes No |
(B) Were you, on the date that you received this order of
garnishment of personal earnings, withholding moneys from the judgment
debtor's personal DISPOSABLE earnings pursuant to another order of
garnishment of
personal earnings that Ohio or federal law provides with a higher
priority than this order of garnishment of personal earnings (such as a
support order or Internal revenue service REVENUE
SERVICE levy)? | ..... ...... |
IF
If the answer to this question is "Yes," give the name of the
court
that issued the higher priority order, the associated case number, the date
upon which you received that order, and the balance due to the relevant
judgment creditor under that order. | 3(B)
|
| Yes No |
(C) Did you receive prior to the date that you received
this order of garnishment of personal earnings one or more other orders of
garnishment of personal earnings that are not described in question
3(B), and are you currently processing one or more of those orders
for the statutorily required 182-day TIME period or holding one
or more of those
orders for processing for a 182-day STATUTORILY REQUIRED period
in the sequence of their receipt by
you? | ..... ..... |
If the answer to this question is "Yes," give the name of
the
court that issued each of those previously received orders, the associated
case numbers, the date upon which you received each of those orders, and the
balance due to the relevant judgment creditor under each of those orders.
List first the previously received order(s) that you are currently processing,
and list each of the other previously received orders in the sequence that you
are required to process them. | 3(C)
|
4. (A) State whether the pay period of
the judgment debtor is weekly,
biweekly,
semimonthly, or monthly (do not enter a pay
period of more
than one month): | 4(A)
|
(B) Enter the disposable earnings of the judgment
debtor earned during the judgment debtor's present pay period.
earnings" means earnings after deductions required by law.
"Present pay period" means the pay period in which you receive this order
of garnishment of personal earnings.) | 4(B) $
|
(C) If the judgment debtor's pay period is weekly,
enter on line 4(C) an amount equal to six and one-quarter per cent
(6.25%) of the judgment debtor's disposable earnings set forth on line
4(B). If the judgment debtor's pay period is biweekly or
semimonthly, enter on line 4(C) an amount equal to twelve and
one-half per cent (12.5%) of the judgment debtor's disposable earnings set
forth on line 4(B). If the judgment debtor's pay period is monthly,
enter on line 4(C) an amount equal to twenty-five per cent
(25%) of
the judgment debtor's disposable earnings set forth on line 4(B). | 4(C)
|
5. (A) If the judgment debtor is paid weekly, enter thirty
times
the current federal minimum hourly wage; if paid
biweekly, enter sixty times the
current federal minimum hourly wage; if paid
semimonthly, enter sixty-five
times the current federal minimum hourly wage; if paid monthly, enter one
hundred thirty times the current federal minimum hourly wage: | 5(A) $
|
(B) Enter the amount by which the amount on line 4(B) exceeds
the amount on line 5(A): | 5(B) $
|
6. Enter on line 6 the smallest of
the amount entered on line 4(C); or
the amount
entered on line 5(B); or the total probable amount now due on
the judgment,
including interest and costs, as indicated in section A of this form.
Pay
the
amount entered on line 6 into
this court when returning this form: | 6 $
|
I certify that the statements above are true.
|
|
| (Print Name of Employer) |
|
|
| (Print Name and Title of Person Who Completed Form ON BEHALF OF
THE EMPLOYER) |
Signed
(Signature of Person Completing Form EMPLOYER
OR EMPLOYER'S AGENT)
Dates DATED this ........... day of ..........., ....."
Section A of the form described in this section shall be
completed before service. Section B of the form shall be
completed by the
garnishee, and the garnishee shall file one
completed and signed copy of the form with the clerk of the court
as the garnishee's answer. The garnishee may keep one completed and
signed copy of the form and shall deliver the
other completed and signed copy of the form to the judgment
debtor not later than the time that the garnishee otherwise would pay
the judgment debtor the personal earnings that the
garnishee instead is paying to the court. The
garnishee also shall deliver at that time the two copies of the notice to the
judgment debtor form and of the request for
hearing form described in section 2716.06 of the
Revised Code that were served on the garnishee.
No employer shall discharge an employee solely because of
the successful garnishment of the employee's personal earnings
by only one judgment creditor in any twelve-month period.
If several affidavits seeking orders of garnishment of
personal earnings are filed against the same judgment debtor in
accordance with section 2716.03 of the Revised Code, the court
involved shall issue the requested orders in the
same order in which the clerk received the
associated affidavits.
THE GARNISHEE ALSO SHALL BE SERVED WITH A COPY OF THE EMPLOYER GUIDE TO
PROCESSING CONTINUOUS ORDERS OF GARNISHMENT AT THE SAME TIME THAT THE FORMS AS
PROVIDED IN THIS SECTION ARE SERVED UPON THE GARNISHEE.
Sec. 2716.06. (A) The notice to the judgment debtor that
must be served on the garnishee and delivered to the judgment
debtor shall be in substantially the following form:
"(Name and Address of the Court)
(Case Caption)
Case No. .......
NOTICE TO THE JUDGMENT DEBTOR
You are hereby notified that this court has issued an order
in the above case in favor of (name and address of judgment
creditor), the judgment creditor in this proceeding, directing
that some of your personal earnings be used in
satisfaction of
your debt to the
judgment creditor instead of being paid to you. This order was
issued on the basis of the judgment creditor's judgment against
you that was obtained in (name of court) in (case number) on
(date).
The law of Ohio provides that you are entitled to keep a
certain amount of your personal earnings free from the claims of
creditors. Additionally, wages under a certain amount may never
be used to satisfy the claims of creditors. The documents
entitled "ORDER AND NOTICE OF GARNISHMENT AND ANSWER OF EMPLOYER"
that are enclosed with this notice show how the amount proposed
to be taken out of your personal earnings was calculated by your
employer.
If you dispute the judgment creditor's right to garnish
your personal earnings and believe that you are entitled to
possession of the personal earnings because they are exempt or if
you feel that this order is improper for any other reason, you
may request a hearing before this court by disputing the claim in
the request for hearing form, appearing below, or in a
substantially similar form, and delivering the request for
hearing to this court at the above address, at the office of the
clerk of this court, no later than the end of the fifth business
day after you receive this notice. You may state your reasons
for disputing the judgment creditor's right to garnish your
personal earnings in the space provided on the form; however, you
are not required to do so. If you do state your reasons for
disputing the judgment creditor's right, you are not prohibited
from stating any other reason at the hearing. If
you do not
state your reasons, it will not be held against you by the court,
and you can state your reasons at the hearing. NO OBJECTIONS TO THE
JUDGMENT ITSELF WILL BE HEARD OR CONSIDERED AT THE HEARING. The
hearing will be limited to a
consideration of the amount of your personal earnings, if any, that can
be used in satisfaction of the judgment you owe to the judgment
creditor.
If you request a hearing by delivering your request for
hearing no later than the end of the fifth business day after you
receive this notice, it will be conducted no later than twelve
days after your request is received by the court, and the court
will send you notice of the date, time, and place. You may
indicate in the form that you feel BELIEVE that the need for the
hearing
is an emergency and that it should be given priority by the
court. If you do so, the court will schedule the hearing as soon
as practicable after your request is received and will send you
notice of the date, time, and place. If you do not request a
hearing by delivering your request for hearing no later than the
end of the fifth business day after you receive this notice, some
of your personal earnings will be paid to the judgment creditor.
If you have any questions concerning this matter, you may
contact the office of the clerk of this court. If you want legal
representation, you should contact your lawyer immediately. If
you need the name of a lawyer, contact the local bar association.
.............................
Clerk of the Court
.............................
Date"
(B) The request for hearing form that must be served on
the
garnishee and delivered to the judgment debtor shall have
attached to it a postage-paid, self-addressed envelope or shall
be on a postage-paid, self-addressed postcard, and shall be in
substantially the following form:
"(Name and Address of Court)
Case Number ..........
Date ..........
REQUEST FOR HEARING
I dispute the judgment creditor's right to
garnish my personal earnings in the above case and request that a
hearing in this matter be held no later than twelve days after
delivery of this request to the court.
I ........................ feel that the need for the
(insert "do" or "do not")
hearing is an emergency.
I dispute the judgment creditor's right to garnish my personal earnings for
the following reasons:
(Optional)
I UNDERSTAND THAT NO OBJECTIONS TO THE JUDGMENT ITSELF
WILL BE CONSIDERED AT THE HEARING.
.............................
(Name of Judgment Debtor)
.............................
(Signature)
.............................
(Date")
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING, AND SOME OF YOUR
PERSONAL EARNINGS
WILL BE PAID TO (JUDGMENT CREDITOR'S NAME)
IN
SATISFACTION OF YOUR DEBT TO THE JUDGMENT
CREDITOR."
(C) The judgment debtor may receive a hearing in
accordance with this division by delivering a written request for A
hearing to the clerk of the court within five business days after
receipt of the notice provided pursuant to division (A) of this
section. The request may set forth the judgment debtor's reasons
for disputing the judgment creditor's right to garnish the
personal earnings; however, neither the judgment debtor's
inclusion of nor the judgment debtor's failure to include
those reasons upon the
request constitutes a waiver of any defense of the judgment
debtor or affects the judgment debtor's right to produce evidence at
the hearing. If the request is made by the judgment debtor
within the prescribed time, the court shall schedule a hearing no
later than twelve days after the request is made, unless the
judgment debtor indicated that the judgment debtor felt the
need for the hearing was an emergency, in which case the court shall schedule
the hearing as soon as practicable after the request is made.
Notice of the date, time, and place of the hearing shall be sent
to the parties in accordance with division (E) of this section.
The hearing shall be limited to a consideration of the amount of
the personal earnings of the judgment debtor, if any, that can be used
in satisfaction of the debt owed by
the judgment debtor to the judgment creditor.
(D) If the judgment debtor does not request a hearing
within the prescribed time pursuant to division (C) of this
section, the court shall issue an order to the garnishee to pay
some of the judgment debtor's personal DISPOSABLE earnings into
court, if they have not
already been paid to the
court.
This order shall be based on the answer of the garnishee
filed pursuant to section 2716.05 of the Revised Code. If a
hearing is conducted, the court shall determine at the hearing
the amount, CALCULATED EACH PAY PERIOD AT THE STATUTORY
PERCENTAGE, of
the judgment
debtor's personal DISPOSABLE earnings FOR THE PRESENT PAY
PERIOD, if any, that can be used
in satisfaction of the debt owed by the
judgment debtor to the judgment creditor, and
issue an order, accordingly, to the garnishee to pay that amount,
CALCULATED EACH PAY PERIOD AT THE STATUTORY PERCENTAGE, of the
personal
DISPOSABLE earnings into court if it has not already been paid to the
court.
(E) If the judgment debtor requests a hearing within the
prescribed time pursuant to division (C) of this section, the clerk shall
send a notice of the date, time, and place of the hearing by
regular mail to the judgment creditor OR THE JUDGMENT CREDITOR'S
ATTORNEY and the judgment debtor.
Sec. 2716.07. (A) Subject to divisions
(C)(1) and (D) of section 2716.041 and
section 2716.05 of the
Revised Code, a garnishee to whom a
municipal or county court or court of common pleas issues a
continuous order of garnishment of personal earnings shall pay
to the court within thirty days after the end of each pay period
of the judgment debtor, COMMENCING WITH THE FIRST FULL PAY PERIOD
BEGINNING AFTER THE GARNISHEE RECEIVES THE ORDER AND NOTICE OF
GARNISHMENT AND ANSWER OF EMPLOYER, the amount,
CALCULATED EACH PAY PERIOD AT THE
STATUTORY
PERCENTAGE, that the order
specifies to be
withheld from the judgment debtor's personal DISPOSABLE earnings during
each pay period of the judgment debtor following the garnishee's
receipt of the order. The payment to the court
of that amount shall be accompanied by the garnishee's interim report and
answer that shall be substantially in the following form:
"INTERIM REPORT AND ANSWER OF GARNISHEE"
| Case No.
|
| In The
Court |
|
, Ohio |
.........., Judgment Creditor | |
vs.
| |
.........., Judgment Debtor | |
The garnishee, ................., in the above case states as follows:
1. The date that the garnishee received the order of
garnishment of the judgment debtor's personal earnings was
.........................
2. The total probable amount due on the judgment,
including court costs, judgment interest, and, if
applicable,
prejudgment interest, as stated in EITHER section
A of the order of garnishment
of the judgment debtor's personal earnings OR IN THE AFFIDAVIT OF CURRENT
BALANCE DUE ON GARNISHMENT ORDER IF THAT AFFIDAVIT HAS BEEN RECEIVED
SUBSEQUENT TO THE ORDER OF GARNISHMENT, is
$.....................
3. THE PAY PERIOD OF THE JUDGMENT DEBTOR IS (ENTER WEEKLY,
BIWEEKLY, SEMIMONTHLY, OR MONTHLY. DO NOT ENTER A PAY PERIOD OF MORE THAN ONE
MONTH).......................
4. THE DISPOSABLE EARNINGS OF THE JUDGMENT DEBTOR EARNED DURING
THE JUDGMENT DEBTOR'S PRESENT PAY PERIOD IS ("DISPOSABLE EARNINGS"
MEANS EARNINGS AFTER DEDUCTIONS REQUIRED BY LAW. "PRESENT PAY
PERIOD" MEANS THE PAY PERIOD FOR WHICH YOU ARE COMPLETING THIS
INTERIM REPORT AND ANSWER OF
GARNISHEE.) $................................
5. THE AMOUNT EQUAL TO TWENTY-FIVE PER CENT (25%) OF THE JUDGMENT
DEBTOR'S DISPOSABLE EARNINGS SET FORTH IN SECTION 4 OF THIS FORM
IS $..........................
6. ............ TIMES THE CURRENT FEDERAL MINIMUM HOURLY WAGE IS
(IF THE JUDGMENT DEBTOR IS PAID WEEKLY, ENTER THIRTY ABOVE, IF
PAID BIWEEKLY, ENTER SIXTY, IF PAID SEMIMONTHLY, ENTER SIXTY-FIVE,
IF PAID MONTHLY, ENTER ONE HUNDRED THIRTY, THEN CALCULATE THE
AMOUNT.) $................
7. THE AMOUNT BY WHICH THE AMOUNT IN SECTION 4 OF THIS FORM
EXCEEDS THE AMOUNT IN SECTION 6 OF THIS FORM IS.............
8. THE SMALLEST OF EITHER THE AMOUNT ENTERED IN SECTION 5 OF THIS
FORM, THE AMOUNT ENTERED IN SECTION 7 OF THIS FORM, OR THE AMOUNT
ENTERED IN SECTION 2 OF THIS FORM, IS $...............
9. THE AMOUNT ENTERED IN SECTION 8 OF THIS FORM, PLUS OR MINUS (AS
APPROPRIATE) THE GARNISHEE'S PROCESSING FEE IS $................. (IF THE
AMOUNT ENTERED IN SECTION 8 OF THIS FORM EQUALS THE AMOUNT ENTERED IN SECTION
2 OF THIS FORM, THEN ADD UP TO THREE DOLLARS ($3); OTHERWISE SUBTRACT UP TO
THREE DOLLARS ($3))
10. OTHER DEDUCTIONS $
11. The CALCULATED amount that has been
withheld
from the judgment
debtor's personal earnings during the judgment debtor's present
pay period (which amount represents the amount specified on
line 6 of the "ANSWER OF EMPLOYER (GARNISHEE)" unless
otherwise
stated) and that is submitted with this
"INTERIM REPORT AND ANSWER OF GARNISHEE"
is $.................
I certify that the statements above are true.
|
|
| (Print Name of
Employer) |
|
|
| (Print Name and Title of
Person Who Completed Form) |
Signed
(Signature of Person Who
Completed Form)
dated this ............... day
of..............., ......."
(B) One copy of the
interim report and answer shall be served upon the garnishee in
accordance with section 2716.05 of the
Revised
Code. The garnishee may
photocopy that copy for use in accordance with division
(A) of this section and
division (C)(4) of section
2716.041 of the Revised
Code.
(C) A GARNISHEE TO WHOM A MUNICIPAL OR COUNTY COURT OR COURT OF
COMMON PLEAS ISSUES A CONTINUOUS ORDER OF GARNISHMENT OF PERSONAL EARNINGS
SHALL FILE WITH THE
COURT THE GARNISHEE'S INTERIM REPORT AND ANSWER FOR EACH PAY
PERIOD OF THE JUDGMENT DEBTOR FOR WHICH AN AMOUNT FROM THE JUDGMENT
DEBTOR'S PERSONAL DISPOSABLE EARNINGS DURING THAT PAY PERIOD WAS
WITHHELD FOR THAT ORDER. THE GARNISHEE IS NOT REQUIRED TO FILE AN INTERIM
REPORT AND
ANSWER
FOR ANY PAY PERIOD FOR WHICH NO
AMOUNT FROM THE JUDGMENT DEBTOR'S PERSONAL DISPOSABLE EARNINGS
DURING THAT PAY PERIOD WAS WITHHELD FOR THAT ORDER.
Sec. 2716.08. (A) Subject to division (D) of section
2716.041 of the Revised Code, if a continuous order of
garnishment of personal earnings ceases to remain in effect
because of the operation of division (C)(1) of that
section, the garnishee shall file with the municipal or
county court or court of common pleas that issued the order the
garnishee's final report and answer that shall be substantially
in the following form:
"FINAL REPORT AND ANSWER OF GARNISHEE"
| Case No.
|
| In The
Court |
|
, Ohio |
.........., Judgment Creditor | |
vs.
| |
.........., Judgment Debtor | |
The garnishee,
, in the above case states
as follows:
1. The date that the garnishee received the order of
garnishment of the judgment debtor's personal earnings was
.........................
2. The total probable amount due on the judgment,
including court costs, judgment interest, and, if
applicable,
prejudgment interest, as stated in section
A of the order of garnishment
of the judgment debtor's personal earnings, is
$.....................
3. The total amount that has been withheld from the
judgment debtor's personal DISPOSABLE earnings and paid to the court
while
the order of garnishment of the judgment debtor's personal
earnings remained in effect
is $......................
4. (When applicable) the total probable amount due on the
judgment (as stated in 2 above) is not equal to the total amount
that has been withheld (as stated in 3 above), and the reason
for that difference is that the order of garnishment of the
judgment debtor's personal earnings ceased to be in effect for
the following statutorily prescribed reason(s) (check whichever
apply):
(a) ..... A municipal or county
court appointed a trustee for the judgment debtor and issued an
order that stays the order of garnishment of the judgment
debtor's personal earnings.
(b) ..... A federal bankruptcy court
issued an order that stays the order of garnishment of the
judgment debtor's personal earnings.
(c) ..... A municipal or county
court or a court of common pleas issued another order of
garnishment of personal earnings that relates to the judgment
debtor and a different judgment creditor, and
Ohio or federal law provides
the other order a higher priority. (Set
forth the name of the court that issued the higher
priority order, the associated case number, the date that the
higher priority order was received, and the balance due to the
relevant judgment creditor under that
order):
(d) ..... A municipal or county
court or a court of common pleas issued another order of
garnishment of personal earnings that relates to the judgment
debtor and a different judgment creditor and that is not
described in 4(c) above. (Set
forth the name of the court that issued the subsequently
received order, the associated case number, the date that the
subsequent order was received, and the balance due to the
relevant judgment creditor under that
order):
(e) ..... THE JUDGMENT CREDITOR OR JUDGMENT CREDITOR'S ATTORNEY
HAS ISSUED A REQUEST THAT THE ORDER OF GARNISHMENT BE TERMINATED AND THE
GARNISHEE RELEASED FROM THE MANDATES OF THE ORDER OF GARNISHMENT.
(f) ..... JUDGMENT DEBTOR'S EMPLOYMENT TERMINATED ON:
(g) ..... OTHER:
I certify that the statements above are true.
|
|
| (Print Name of
Employer) |
|
|
| (Print Name and Title of
Person Who Completed Form ON BEHALF OF THE EMPLOYER) |
Signed
(Signature of Person Who Completed Form EMPLOYER OR
EMPLOYER'S AGENT)
Dated this ............... day of ..........,
"
(B) One copy of the
final report and answer shall be served upon the garnishee in
accordance with section 2716.05 of the
Revised
Code. The garnishee shall use
the final report and answer in accordance with division
(A) of this section and
division (C)(5) of section
2716.041 of the Revised
Code.
Sec. 2716.09. A (A) EXCEPT AS OTHERWISE PROVIDED IN THIS
SECTION, A municipal or county court
or court of common pleas does not have jurisdiction to modify
and interrupt the processing of an order of garnishment of
personal earnings that that court issued in a proceeding in
garnishment of personal earnings under this chapter unless all
of the following apply:
(A)(1) The judgment
creditor and the judgment debtor associated with that order
jointly apply to that court for the modification and
interruption.
(B)(2) That judgment
creditor and judgment debtor jointly agree that the amount of
the judgment debtor's personal DISPOSABLE earnings that is required to
be
withheld during each pay period under that court's order should
be modified to a mutually agreed upon and specified amount and
that the garnishee should withhold that specified amount until
the judgment in favor of the judgment creditor and the
associated court costs, judgment interest, and,
if applicable,
prejudgment interest awarded to the judgment creditor have been
paid in full or until that court's order otherwise ceases to
remain in effect under division
(C)(1) of section 2716.041 of
the Revised Code.
(C)(3) That court enters
an order that approves of the modification described in division
(B)(A)(2) of this section and causes
a copy of that order to be served upon the garnishee in the same
manner as process is served.
(B) A JUDGMENT CREDITOR OR JUDGMENT CREDITOR'S ATTORNEY MAY
REQUEST THAT THE CLERK OF THE COURT THAT ISSUED AN ORDER OF GARNISHMENT OF
PERSONAL EARNINGS DISBURSE THE GARNISHMENT PROCEEDS ON A LESS FREQUENT BASIS
THAN IS OTHERWISE PROVIDED BY THIS CHAPTER. UPON RECEIVING THE REQUEST, THE
CLERK MAY ELECT TO DISBURSE THE GARNISHMENT PROCEEDS ON A TIME SCHEDULE OTHER
THAN THAT AS PROVIDED BY THIS CHAPTER.
Sec. 2716.21. (A) If the answer of a garnishee required
by section 2716.05 or 2716.13 of the Revised Code is not made in
writing as ordered by the court that issued the garnishment
order, the answer shall be made before the clerk of the court of
common pleas of the county in which the garnishee resides or, if
the garnishee resides outside of the state, before the clerk of
the county in which the garnishee was served or in which the
action is pending. Upon receipt of an answer under this
division, the clerk shall transmit it to the clerk of the court
in which the action is pending, if different, in the same manner
as depositions are required to be directed and transmitted. For
the clerk's services, the clerk shall receive the fees
allowed by
law for taking depositions and to clerks for furnishing
certificates with their seals of office attached.
(B) After the order of garnishment is served on
a
garnishee, as provided in section 2716.05 or 2716.13 of the
Revised Code, the garnishee shall return the answer to the court
that issued the garnishment order within five business days after
receipt of the order if the order is
served under section 2716.05 of the Revised Code or before the date
set for the hearing as indicated on the order if the
order is served under
section 2716.13 of the Revised Code. The garnishee shall answer
all questions addressed to the garnishee regarding the
personal earnings
of the judgment debtor or regarding the amount of money, property, or
credits, other than personal earnings, of the judgment debtor
that are in the garnishee's possession or under
the garnishee's control at the time of service of the
order, whichever is
applicable. The garnishee shall truly disclose the amount owed
by the garnishee to the judgment debtor whether due or not
and, in the case
of a corporation, any stock held in the corporation by
or for the benefit of
the judgment debtor. If a garnishee answers and it is discovered that, at the
time of the service of the order upon the
garnishee,
the garnishee possessed any money, property, or credits of
the judgment
debtor or was indebted to the judgment debtor, the court may
order the payment of the amount owed into court, or it may permit
the garnishee to retain the money, property, or credits or the
amount owed upon the garnishee's executing to the judgment
creditor a bond
with sufficient surety to the effect that the amount will be paid
as the court directs.
(C) If, in a garnishee's answer, a garnishee admits an
indebtedness
to the judgment debtor and the court orders the payment of it in
whole or in part to the judgment creditor, and if the garnishee
fails to pay according to the order, execution may issue on the
order.
(D) A garnishee shall pay the personal earnings owed to
the judgment debtor or the money or value of the property or
credits, other than personal earnings, of the judgment debtor in
the garnishee's possession or under the
garnishee's control at the time of service of the order
of garnishment, or so much thereof as the
court orders, into court. The garnishee shall be discharged from
liability to the judgment debtor for money so paid and shall not
be subjected to costs beyond those caused by the garnishee's
resistance of
the claims against the garnishee. A garnishee is liable to
the
judgment
creditor for all money, property, and credits, other than
personal earnings, of the judgment debtor in the garnishee's
possession or
under the garnishee's control or for all personal earnings
due from the
garnishee to the judgment debtor, whichever is applicable,
at
the time the garnishee is served with the order
under section 2716.05 or 2716.13 of the Revised Code.
(E) If a garnishee fails to answer as required by this
section, answers but fails to answer satisfactorily, or fails to
comply with a proper order of a court in connection with a
garnishment under this chapter, the court may proceed against
the garnishee
for contempt.
Upon the request of the judgment creditor, a special
examination of a garnishee may be had by the judgment creditor if
the garnishee fails to answer as required by this section,
answers but fails to answer satisfactorily, or fails to comply
with a proper order of a court in connection with the
garnishment. That examination may be conducted in the county in
which the garnishee resides.
(F)(1) If a garnishee fails to answer as required by this
section, answers and the garnishee's answer is not
satisfactory to the
judgment creditor, or fails to comply with the order of the court
to pay the money owed or deliver the property into court or to
give the bond authorized under division (B) of this section, the
judgment creditor may proceed against the garnishee by civil
action. Thereupon, proceedings may be had as in other civil
actions. Judgment may be rendered in favor of the judgment
creditor for the amount of money owed the judgment debtor in the
garnishee's possession at the time the garnishee was served with the
order of garnishment under
section 2716.05 or 2716.13 of the Revised
Code and, if it appears on the trial that the garnishee's
answer was incomplete,
for the costs of the proceedings
against the garnishee. An action
authorized
under this division shall be brought in the county in which the
garnishee resides.
(2) A GARNISHEE WHO ACTS, OR ATTEMPTS TO ACT, IN ACCORDANCE WITH
CHAPTER 2716. of the Revised Code IS NOT LIABLE FOR DAMAGES IN ANY CIVIL ACTION FOR
ANY ACTION TAKEN PURSUANT TO THAT CHAPTER IN GOOD FAITH OR ANY OMISSION MADE
IN GOOD FAITH.
Section 2. That existing sections 1315.40, 1315.41, 2301.35, 2307.61,
2335.19, 2335.24, 2716.02, 2716.04, 2716.041, 2716.05, 2716.06, 2716.07,
2716.08, 2716.09, and 2716.21
of the Revised Code are
hereby repealed.
Section 3. The General Assembly hereby requests the Ohio Judicial Conference
to develop
an Employer Guide to Processing Continuous Orders of Garnishment that would
outline the requirements and procedures of an employer pursuant to sections
2329.66 and 2329.70 and Chapter 2716. of the Revised Code.
|