Ohio Notice and Affidavit to Judgment Debtor of Current Balance Due on Garnishment
Understanding the Ohio Notice and Affidavit
The Ohio Notice and Affidavit to Judgment Debtor of Current Balance Due on Garnishment is a legal document that informs the judgment debtor about their current financial obligations as determined in a garnishment order. This document details the original judgment amount, accrued interest, court costs, and any payments made. It serves to clarify the total amount still owed and initiate the process for disputing the amounts if necessary.
How to Complete the Affidavit
Completing the affidavit accurately is crucial for it to serve its intended purpose. Here are the steps involved:
- Enter the name and details of the judgment creditor.
- Indicate the case number that must appear on all references.
- List the original amount of the judgment.
- Calculate and state the accrued interest up to the current date.
- Include any court costs that have been assessed.
- Document all payments made to the creditor and attorney.
- Finally, state the current balance due on the judgment.
Once completed, ensure all necessary signatures are obtained and that the affidavit is filed with the appropriate court.
Who Should Use This Form
This form is intended for individuals who have been subjected to a garnishment order and need to understand the current balance they owe. Typically, this includes judgment debtors who have received a notice from a creditor regarding an outstanding debt. It is also relevant for those who may wish to dispute the amounts listed in this notice and seek a hearing for clarification.
Important Components of the Form
The Ohio Notice and Affidavit consists of several key components that must be accurately filled out, including:
- Judgment Creditor Information: Details of the creditor who has initiated the garnishment.
- Case Number: The unique identifier for the legal case.
- Judgment Details: This includes the original amount, accrued interest, and total payments made.
- Current Balance: The amount that remains due on the judgment.
- Notary Section: To verify the authenticity of the affidavit.
Understanding these components is essential for anyone filling out the form.
Common Mistakes When Using This Form
When filling out the Ohio Notice and Affidavit, users often make several common errors:
- Failing to include the correct case number.
- Omitting critical financial details such as interest or payments made.
- Not double-checking the accuracy of the provided information.
- Missing signatures from necessary parties, including requested notarization.
Avoiding these mistakes is crucial to ensure that the affidavit is accepted by the court.
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FAQ
Wage garnishment can follow a debtor from job to job, but it requires separate court orders. This means a creditor will need to request the wage garnishment every time a person changes jobs.
Most creditors cannot garnish your wages or a bank account without a court order. There are very rare exceptions such as the IRS or a student loan but for the most part, if you're talking about credit cards, they would need to obtain a judgment against you by a court of law before they could garnish your wages.
Identify The Funds Or Asset You Want To Collect. Prepare The Writ Of Execution. Prepare The Notice of Execution. Prepare The Writ Of Garnishment. Prepare Instructions To The Sheriff Or Constable. Have Your Papers Served And Watch For A Claim Of Exemption. Track Your Collection And Judgment.
Judgment Creditors Regular creditors cannot garnish your wages without first suing you in court and obtaining a money judgment. That means that if you owe money to a credit card company, doctor, dentist, furniture company, or the like, you don't have to worry about garnishment unless those creditors sue you in court.
Avoiding Wage Garnishment: Debt Repayment and Credit Counseling. When you receive the demand letter, you can pay up or expect garnishment. However, you also have two other options: you can apply for a city or county trustee to manage your debt repayment or you can retain a credit counseling service.
The creditor must then wait for a specific period, such as 15 days after the mailing, before filing the wage garnishment. Depending on your state, the court may allow the creditor to file the garnishment after it obtains the judgment, without notifying you first.
The creditor must serve the Writ of Garnishment on the garnishee via certified mail, restricted delivery, private process, or sheriff/constable. For more information on service of process see Frequently Asked Questions about Service.
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.
Your bank isn't required to notify you of an account garnishment unless the withdrawal overdraws your balance. Depending on where you live, you may have certain rights and protections against having your bank account garnished.