This Ohio form, an Affidavit and Notice of Garnishment of Personal Earnings and Answer of Employer, is for use in Ohio garnishment cases. It is available in Word or Rich Text format.
Ohio Affidavit and Notice of Garnishment of Personal Earnings and Answer of Employer
Category:
State:
Ohio
Control #:
OH-019-SC
Format:
Word;
Rich Text
Instant download
Description
Definition and meaning
The Ohio Affidavit and Notice of Garnishment of Personal Earnings and Answer of Employer is a legal document used in Ohio to initiate the garnishment of a debtor's wages. This form is filed by a judgment creditor who has obtained a court judgment and believes the debtor has personal earnings that can be garnished. The form notifies the employer (garnishee) of the garnishment and requires them to withhold a portion of the debtor's earnings to satisfy the debt.
Who should use this form
This form is typically used by individuals or entities that have obtained a legal judgment in court against a debtor for unpaid debts. Anyone who has been awarded a judgment and needs to collect on that judgment by garnishing the debtor's wages should consider using this form. Employers of the debtor also need this form to ensure compliance with the garnishment order.
How to complete a form
To complete the Ohio Affidavit and Notice of Garnishment of Personal Earnings and Answer of Employer, follow these steps:
- Provide debtor information: Include the name and case number of the debtor.
- Affidavit details: The creditor must swear or affirm their belief that the garnishee owes wages to the debtor.
- Enter personal earnings: Detail the amount of wages owed to the debtor that are not exempt from garnishment.
- Employer response: The employer must fill out the Answer of Employer section, confirming whether the debtor is employed and if any prior garnishments exist.
Make sure the form is signed and notarized as required before submission to the court.
Key components of the form
The form includes several critical sections:
- Creditor Information: Details about the creditor, including name and address.
- Debtor Information: Clear identification of the debtor along with their case number.
- Garnishee Information: The employer's name and contact details who is being instructed to withhold wages.
- Legal Affirmation: A section where the creditor affirms the truth of their claims about the debtor's earnings.
Understanding these components is essential for proper form submission and compliance with legal requirements.
Common mistakes to avoid when using this form
When preparing the Ohio Affidavit and Notice of Garnishment of Personal Earnings and Answer of Employer, be mindful of these common pitfalls:
- Incomplete Information: Ensure that all required fields are filled out, including debtor and creditor information.
- Incorrect Signatures: Make sure the form is signed by the appropriate parties, including a notary if required.
- Missing Court Submission: Always file the form with the correct court and keep copies for record-keeping.
- Ignoring Deadlines: Adhere to submission deadlines to avoid legal complications.
Careful attention to detail can prevent delays in processing the garnishment order.
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FAQ
In most states, employers answer a writ of garnishment by filling out the paperwork attached to the judgment and returning it to the creditor or the creditor's attorney.
If you are served with a garnishment summons, do not ignore these documents because they do not directly involve a debt that you owe. Instead, you should immediately freeze any payments to the debtor, retain the necessary property, and provide the required written disclosure.
Employees cannot be fired because their wages are garnished. Federal law protects you from being fired simply because your wages are being garnished for a single debt. However, if your wages are being garnished for two or more debts, your employer can fire you if it decides to do so.
Unfortunately, by ignoring the proper Writ of Garnishment, your employer can get in trouble and Debbie may get fired.and the creditor finds out, your employer may end up going to court on an Order to Show Cause, where they have to explain to the judge why they ignored the court documents.
Respond to the Creditor's Demand Letter. Seek State-Specific Remedies. Get Debt Counseling. Object to the Garnishment. Attend the Objection Hearing (and Negotiate if Necessary) Challenge the Underlying Judgment. Continue Negotiating.
Garnishment is a proceeding by a creditor (a person or entity to whom money is owed) to collect a debt by taking the property or assets of a debtor (a person who owes money). Wage garnishment is a court procedure where a court orders a debtor's employer to hold the debtor's earnings in order to pay a creditor.
The employer is also required to return a statutory response form within 7 days of receiving the writ of garnishment. This form is usually sent to the employer with the garnishment order. With very few exceptions, the employer is required to complete the form indicating that they will pay the garnishment.
If you have won a court judgment against someone with a decent job, you may be able to intercept up to 25% of his or her wages to satisfy your judgment. This process, permitted in nearly every state, is called a wage garnishment.
Unfortunately, by ignoring the proper Writ of Garnishment, your employer can get in trouble and Debbie may get fired.and the creditor finds out, your employer may end up going to court on an Order to Show Cause, where they have to explain to the judge why they ignored the court documents.