**ATTORNEY INSTRUCTIONS**

**FOR GARNISHMENT**

**OTHER THAN PERSONAL EARNINGS**

The following are instructions on the procedures necessary to have a
Garnishment action take place within the Southern District of Ohio at
Dayton and Columbus.

Number range CHAPTER[Definition: A garnishment is one method for a
judgment creditor to collect on a judgment for a judgment debtor. The
types of garnishments are: 1) personal earning and 2) Other than
personal earnings.]{.mark}

Attached to these instructions are examples that give you the wording
that is commonly used in the required documents to be filed in a
garnishment action. You may use comparable forms that include all of the
required data pursuant to ORD 2716.11 *et. seq.*

Documents required for filing:

> 1\) Motion for Judgment Creditor for Order of Garnishment of Property
> Other Than Personal Earnings.
>
> 2\) Affidavit in Support of Motion for Order of Garnishment of
>
> Property Other Than Personal Earnings.
>
> 3\) Order and Notice of Garnishment of Property Other Than Personal
> Earnings and Answer of Garnishee.
>
> 4\) Notice to Judgment Debtor of Garnishment of Property Other Than
> Personal Earnings.
>
> 5\) Request for Hearing on Garnishment.

Per Southern District of Ohio Local Rule (a), Certificate of Service
must be on applicable documents filed with the Court.

**SERVICE OF SUCH FORMS ARE BY THE U.S. MARSHAL ONLY UPON ORDER OF THE
COURT. IF YOU WISH SUCH SERVICE TO BE MADE BY THE MARSHAL YOU MUST
SUBMIT A MOTION AND MEMORANDUM TO THAT EFFECT. ATTORNEY=S MUST MAKE
ARRANGEMENTS WITH THE U.S. MARSHAL FOR SERVICE/PAYMENTS.**

**GARNISHMENT:**

Rule 69, FRCP, provides that execution shall be in accordance with the
practice and procedure of the State Court. In Ohio, such procedure is
set forth in Section 2716.11 *et. seq.*: ORC Garnishment proceedings may
only take place following a judgment and order by the Court of appeals
for the Sixth Circuit or the expiration time for an appeal.

The agency or judgment creditor who is seeking the garnishment has the
responsibility for preparing all documents for filing. Documents to be
submitted are as follows:

I. Motion (or application) for Order of Garnishment of Property other
than Personal Earnings with memorandum in support, copy of Judgment.

[Number of Forms Required for Filing:]{.underline}

> a\) Original.
>
> b\) 1 copy for service on garnishee.
>
> c\) 1 copy for each judgment debtor being served.
>
> d\) Any additional copies that counsel may need for his use.

II\. Affidavit in Support of Motion for Order of Garnishment of Property
other than Personal Earnings.

[Number of Forms Required for Filing:]{.underline}

> a\) Original.
>
> b\) 1 copy for service upon Garnishee.
>
> c\) 1 copy for each judgment debtor being served.
>
> d\) Any additional copies that counsel may need for his use.

**NOTE:** The Affidavit must be accompanied by One Dollar (\$1.00),
which is paid to the garnishee. Number range CHAPTER[The garnishee is a
person or company having in their possession, custody or control,
property of a judgment debtor as listed in the Writ of Garnishment, or
any other property of the judgment debtor.]{.mark}

The above forms must be completed and signed when received and filed by
the Clerk=s Office.

The following forms are partially filled out and are completed when
dates are secured from the issuing judge or magistrate.

III\. Order and Notice of Garnishment of Property other than Personal
Earnings and Answer of Garnishee.

[Number of forms Required for Filing:]{.underline}

> a\) Original.
>
> b\) 3 copies for service upon Garnishee.
>
> c\) 1 copy for each judgment debtor being served.
>
> d\) 3 Self-Addressed Stamped Envelopes.
>
> e\) Any additional copies that counsel may need for his use.
>
> \(a\) The date for the garnishee=s response is not later than the date
> set for the hearing in the Notice provided to the judgment debtor.
>
> \(b\) The Court is to set the matter for hearing no earlier than 12
> days from issuance of Order.
>
> \(c\) Service is to be made no later than seven days prior to the date
> of hearing.
>
> \(d\) The Order may be signed by a United States District judge or a
> Magistrate judge. In practice they are signed by the Magistrate.

IV\. Notice to the Judgment Debtor and Request for Hearing

[Number of Forms Required for filing:]{.underline}

> a\. Original for the Court.
>
> b\. 1 copy for each judgment debtor being served.
>
> c\. Any additional copies that counsel may need for his use.
>
> \(a\) Service may be made by ordinary mail.
>
> \(b\) At the time the Order is signed by the Magistrate Judge, the
> Magistrate judge will designate a date for the hearing.
>
> \(c\) The Notice is to be served upon the judgment debtor not later
> than seven (7) days prior to the hearing.
>
> \(d\) The Hearing Request Form shall be accompanied by a postage paid
> envelope addressed to the Clerk. In practice the Clerk provides this.

V. U. S. Marshal Service Form - USM 285

[Number of Forms Required for filing:]{.underline}

> a\. 1 for each garnishee being served (if service by USM)
>
> b\. If you are using the PDF version of USM 285, there must be the
> original and 5 copies each for each garnishee being served.

**FOR THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OHIO**

**DAYTON DIVISION ONLY**

MAGISTRATE GENERAL ORDER \# 6 - FILED 6/14//87 - MICHAEL R. MERZ

AIn all garnishment actions filed in this Court pursuant to Chapter
2716, Ohio Revised code, when an Answer is made by the garnishee
pursuant to O.R.C. Section 2716.21 and payment into Court is ordered,
such payment shall be made by the garnishee=s drawing a check to the
order of the **Plaintiff (emphasis added)** and forwarding the same with
the Answer to the Clerk of this Court. The Clerk shall then docket the
answer, record the amount of payment on the docket, and forward the
check for payment to the attorney for Plaintiff. Garnishee=s shall not
draw checks payable to the Clerk of this Court, in order to prevent
needless use of the Court=s Registry form garnishment payments.

The Clerk shall serve a copy of this General Order on every garnishee
along with each and every Court Order and Notice of Garnishment.@

**Garnishment of Property other than Personal Earnings**

The attached forms for garnishment of property other than personal
earnings are in the language set out in O.R.C. \' 2716.13. The statute
reads as follows:

> **Ohio Revised Code \' 2716.13 Proceeding in garnishment of property
> other than personal earnings**

> \(A\) Upon the filing of a proceeding in garnishment of property,
> other than personal earnings, under section 2716.11 of the Revised
> Code, the court shall cause the matter to be set for hearing within
> twelve days after that filing.
>
> \(B\) Upon the scheduling of a hearing relative to a proceeding in
> garnishment of property, other than personal earnings, under division
> (A) of this section, the clerk of the court immediately shall issue to
> the garnishee three copies of the order of garnishment of property,
> other than personal earnings, and of a written notice that the
> garnishee answer as provided in section 2716.21 of the Revised Code
> and the garnishee\'s fee required by section 2716.12 of the Revised
> Code. The copies of the order and of the notice shall be served upon
> the garnishee in the same manner as a summons is served. The copies of
> the order and of the notice shall not be served later than seven days
> prior to the date on which the hearing is scheduled. The order shall
> bind the property, other than personal earnings, of the judgment
> debtor in the possession of the garnishee at the time of service.
>
> The order of garnishment of property, other than personal earnings,
> and notice to answer shall be in substantially the following form:
>
> **. . .**
>
> (C)(1) At the time of the filing of a proceeding in garnishment of
> property, other than personal earnings, under section 2716.11 of the
> Revised Code, the judgment creditor also shall file with the clerk of
> the court a praecipe instructing the clerk to issue to the judgment
> debtor a notice to the judgment debtor form and a request for hearing
> form. Upon receipt of the praecipe and the scheduling of a hearing
> relative to an action in garnishment of property, other than personal
> earnings, under division (A) of this section, the clerk of the court
> immediately shall serve upon the judgment debtor, in accordance with
> division (D) of this section, two copies of the notice to the judgment
> debtor form and of the request for hearing form. The copies of the
> notice to the judgment debtor form and of the request for hearing form
> shall not be served later than seven days prior to the date on which
> the hearing is scheduled.
>
> \(a\) The notice to the judgment debtor that must be served upon the
> judgment debtor shall be in substantially the following form:
>
> **. . .**
>
> \(2\) The judgment debtor may receive a hearing in accordance with
> this division by delivering a written request for hearing to the court
> within five business days after receipt of the notice provided
> pursuant to division (C)(1) of this section. The request may set forth
> the judgment debtor\'s reasons for disputing the judgment creditor\'s
> right to garnish the money, property, or credits, other than personal
> earnings; however, neither the judgment debtor\'s inclusion of nor
> 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 hearing
> shall be limited to a consideration of the amount of money, property,
> or credits, other than personal earnings, of the judgment debtor in
> the hands of the garnishee, if any, that can be used to satisfy all or
> part of the debt owed by the judgment debtor to the judgment creditor.
> If a request for a hearing is not received by the court within the
> prescribed time, the hearing scheduled pursuant to division (A) of
> this section shall be canceled unless the court grants the judgment
> debtor a continuance in accordance with division (C)(3) of this
> section.
>
> \(3\) If the judgment debtor does not request a hearing in the action
> within the prescribed time pursuant to division (C)(2) of this
> section, the court nevertheless may grant a continuance of the
> scheduled hearing if the judgment debtor, prior to the time at which
> the hearing was scheduled, as indicated on the notice to the judgment
> debtor required by division (C)(1) of this section, establishes a
> reasonable justification for failure to request the hearing within the
> prescribed time. If the court grants a continuance of the hearing, it
> shall cause the matter to be set for hearing as soon as practicable
> thereafter. The continued hearing shall be conducted in accordance
> with division (C)(2) of this section.
>
> \(4\) The court may conduct the hearing on the matter prior to the
> time at which the hearing was scheduled, as indicated on the notice to
> the judgment debtor required by division (C)(1) of this section, upon
> the request of the judgment debtor. The parties shall be sent notice,
> by the clerk of the court, by regular mail, of any change in the date,
> time, or place of the hearing.
>
> \(5\) If the scheduled hearing is canceled and no continuance is
> granted, the court shall issue an order to the garnishee to pay all or
> some of the money, property, or credits, other than personal earnings,
> of the judgment debtor in the possession of the garnishee at the time
> of service of the notice and order 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 this section. If the scheduled hearing is
> conducted or if it is continued and conducted, the court shall
> determine at the hearing the amount of the money, property, or
> credits, other than personal earnings, of the judgment debtor in the
> possession of the garnishee at the time of service of the notice and
> order, if any, that can be used to satisfy all or part of the debt
> owed by the judgment debtor to the judgment creditor, and issue an
> order, accordingly, to the garnishee to pay that amount into court if
> it has not already been paid to the court.
>
> \(D\) The notice to the judgment debtor form and the request for
> hearing form described in division 8 of this section shall be sent by
> the clerk by ordinary or regular mail service unless the judgment
> creditor requests that service be made in accordance with the Rules of
> Civil Procedure, in which case the forms shall be served in accordance
> with the Rules of Civil Procedure. Any court of common pleas that
> issues an order of garnishment of property, other than personal
> earnings, under this section has jurisdiction to serve process
> pursuant to this section upon a garnishee who does not reside within
> the jurisdiction of the court. Any county court or municipal court
> that issues an order of garnishment of property, other than personal
> earnings, under this section has jurisdiction to serve process
> pursuant to this section upon a garnishee who does not reside within
> the jurisdiction of the court.

**IN THE UNITED STATES DISTRICT COURT**

**FOR THE SOUTHERN DISTRICT OF OHIO**

**\_\_\_\_\_\_\_\_\_\_\_\_ DIVISION**

Judgment Creditor, : Civil Action

:

> v\. : Judge

:

Judgment Debtor, : Magistrate Judge

**MOTION FOR JUDGMENT CREDITOR FOR ORDER OF**

**GARNISHMENT OF PROPERTY OTHER THAN PERSONAL EARNINGS**

The Judgment Creditor moves the Court to issue an Order of Garnishment
of Personal Earnings against the Judgment Debtor naming
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ as Garnishee.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Attorney for Judgment Creditor

**MEMORANDUM**

Pursuant to Section 2716.11 *et. seq.* Of the Ohio Revised Code, the
Judgment Creditor is entitled to the requested Order because the
Judgment Creditor has obtained judgment against the Judgment Debtor and
the Garnishee holds property other than personal earnings that belong to
the Judgment Debtor and is not exempt from execution.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Attorney for Judgment Creditor

**IN THE UNITED STATES DISTRICT COURT**

**FOR THE SOUTHERN DISTRICT OF OHIO**

**\_\_\_\_\_\_\_\_\_\_\_\_ DIVISION**

Judgment Creditor, : Civil Action

:

> v\. : Judge

:

Judgment Debtor, : Magistrate Judge

**AFFIDAVIT IN SUPPORT OF MOTION FOR ORDER**

**OF GARNISHMENT OF PROPERTY OTHER THAN PERSONAL EARNINGS**

The undersigned,
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,
the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ being first duly sworn, states
that:

> 1\. Then name of the Judgment Debtor whose property, other than
> personal earnings, the Judgment Creditor seeks to garnish is
>
> 2\. The Affiant has good reason to believe and does believe that
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ the Garnishee,
> has property, other than personal earnings, of the Judgment Debtor
> that is not exempt under laws of this State or the United States.
>
> 3\. The property is described as follows:
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> 4\. The Judgment Creditor has obtained judgment against the Judgment
> Debtor which remains unsatisfied.

Signed at \_\_\_\_\_\_\_\_\_\_\_\_\_, Ohio on
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, 200\_\_.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Affiant=s Signature

State of Ohio )

SS)

County of \_\_\_\_\_\_\_\_\_\_\_\_\_\_ )

Sworn to, before me, and subscribed in my presence this
\_\_\_\_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Notary Public

**IN THE UNITED STATES DISTRICT COURT**

**FOR THE SOUTHERN DISTRICT OF OHIO**

**\_\_\_\_\_\_\_\_\_\_\_\_ DIVISION**

Judgment Creditor, : Civil Action

:

> v\. : Judge

:

Judgment Debtor, : Magistrate Judge

**ORDER AND NOTICE OF GARNISHMENT**

**OF PROPERTY OTHER THAN PERSONAL EARNINGS**

**AND ANSWER OF GARNISHEE**

**SECTION A. COURT ORDER AND NOTICE OF GARNISHMENT**

To: [\_\_\_\_\_]{.underline} , Garnishee

The judgment creditor in the above case has filed an affidavit,
satisfactory to the undersigned, in this Court stating that you have
money, property, or credits, other than personal earnings, in your hands
or under your control that belong to the judgment debtor, and that some
of the money, property, or credits 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 GARNISHEE\" in
section (B) of this form. **Return** one completed and signed copy of
this form to the clerk of this court together with the amount determined
in accordance with the \"ANSWER OF GARNISHEE\" **by the following date
on which a hearing is tentatively** **scheduled** relative to this order
of garnishment: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

. Deliver one completed and signed copy of this form to the judgment
debtor prior to that date. 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 \$ .

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

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

> Unites States Magistrate Judge

**[CLAIMS FOR EXEMPTIONS FORM]{.underline}**

**[MAJOR EXEMPTIONS UNDER FEDERAL LAW]{.underline}**

I claim that the exemption(s) from garnishment which are
**[checked]{.underline}** below apply in this case:

+-----+---+------------------------------------------------------------+
| \_  | 1 | Social Security benefits and Supplemental Security income  |
| \_\ | \ | (42 U.S.C. § 407).                                         |
| _\_ | . |                                                            |
+-----+---+------------------------------------------------------------+
| \_  | 2 | Veterans\' benefits (38 U.S.C. § 5301).                    |
| \_\ | \ |                                                            |
| _\_ | . |                                                            |
+-----+---+------------------------------------------------------------+
| \_  | 2 | Members of armed services (10 U.S.C. § 1440, 38 U.S.C. §   |
| \_\ | a | 1562).                                                     |
| _\_ | . |                                                            |
+-----+---+------------------------------------------------------------+
| \_  | 3 | Federal civil service retirement benefits (5 U.S.C. § 8346 |
| \_\ | \ | and 22 U.S.C. § 4060(c)).                                  |
| _\_ | . |                                                            |
+-----+---+------------------------------------------------------------+
| \_  | 4 | Annuities to survivors of federal judges (28 U.S.C. §      |
| \_\ | \ | 376(n)).                                                   |
| _\_ | . |                                                            |
+-----+---+------------------------------------------------------------+
| \_  | 5 | Longshoremen and Harborworkers Compensation Act (33 U.S.C. |
| \_\ | \ | § 916).                                                    |
| _\_ | . |                                                            |
+-----+---+------------------------------------------------------------+
| \_  | 6 | Black lung benefits (30 U.S.C. §§ 931(b) (2) (F) and       |
| \_\ | \ | 932(a) ).                                                  |
| _\_ | . |                                                            |
+-----+---+------------------------------------------------------------+
| \_  | 6 | Seaman\'s, master\'s or fisherman\'s wages, except for     |
| \_\ | a | child support or spousal support and maintenance (46       |
| _\_ | . | U.S.C.A. §§ 11108(a)-11109(a-c)).                          |
+-----+---+------------------------------------------------------------+
| E   |   |                                                            |
| xem |   |                                                            |
| pti |   |                                                            |
| ons |   |                                                            |
| lis |   |                                                            |
| ted |   |                                                            |
| un  |   |                                                            |
| der |   |                                                            |
| 1   |   |                                                            |
| t   |   |                                                            |
| hro |   |                                                            |
| ugh |   |                                                            |
| 6   |   |                                                            |
| ab  |   |                                                            |
| ove |   |                                                            |
| may |   |                                                            |
| not |   |                                                            |
| be  |   |                                                            |
| a   |   |                                                            |
| ppl |   |                                                            |
| ica |   |                                                            |
| ble |   |                                                            |
| in  |   |                                                            |
| ch  |   |                                                            |
| ild |   |                                                            |
| s   |   |                                                            |
| upp |   |                                                            |
| ort |   |                                                            |
| and |   |                                                            |
| a   |   |                                                            |
| lim |   |                                                            |
| ony |   |                                                            |
| ca  |   |                                                            |
| ses |   |                                                            |
| (42 |   |                                                            |
| U.S |   |                                                            |
| .C. |   |                                                            |
| §   |   |                                                            |
| 65  |   |                                                            |
| 9). |   |                                                            |
+-----+---+------------------------------------------------------------+
| \_  | 6 | Railroad retirement, pension, unemployment benefits (45    |
| \_\ | b | U.S.C. §§ 352(e).                                          |
| _\_ | . |                                                            |
+-----+---+------------------------------------------------------------+
| \_  | 7 | Bankruptcy Code (Title 11, United States Code) which       |
| \_\ | \ | generally provides exemptions for:                         |
| _\_ | . |                                                            |
+-----+---+------------------------------------------------------------+
| \_  | \ | \$17,425 in equity in a residence.                         |
| \_\ | ( |                                                            |
| _\_ | a |                                                            |
|     | \ |                                                            |
|     | ) |                                                            |
+-----+---+------------------------------------------------------------+
| \_  | \ | \$2,775 in equity in a motor vehicle.                      |
| \_\ | ( |                                                            |
| _\_ | b |                                                            |
|     | \ |                                                            |
|     | ) |                                                            |
+-----+---+------------------------------------------------------------+
| \_  | \ | \$1,150 in jewelry.                                        |
| \_\ | ( |                                                            |
| _\_ | c |                                                            |
|     | \ |                                                            |
|     | ) |                                                            |
+-----+---+------------------------------------------------------------+
| \_  | \ | \$9,300 in personal property. (However, no single item     |
| \_\ | ( | worth more than \$450 can be claimed as exempt.)           |
| _\_ | d |                                                            |
|     | \ |                                                            |
|     | ) |                                                            |
+-----+---+------------------------------------------------------------+
| \_  | \ | \$1,750 in equity in any implements, professional books,   |
| \_\ | ( | or tools, of the trade of the debtor or the trade of a     |
| _\_ | e | dependent of the debtor.                                   |
|     | \ |                                                            |
|     | ) |                                                            |
+-----+---+------------------------------------------------------------+
| \_  | \ | \$925 in property, plus up to \$8,725 of any unused amount |
| \_\ | ( | of the exemption provided for above.                       |
| _\_ | f |                                                            |
|     | \ |                                                            |
|     | ) |                                                            |
+-----+---+------------------------------------------------------------+
| \_  | \ | Any unmatured life insurance contract you own, other than  |
| \_\ | ( | credit life insurance.                                     |
| _\_ | g |                                                            |
|     | \ |                                                            |
|     | ) |                                                            |
+-----+---+------------------------------------------------------------+
| \_  | \ | The aggregate value, up to \$9,300, of any accrued         |
| \_\ | ( | dividend or interest under, or loan value of, any          |
| _\_ | h | unmatured life insurance contract you own, but only if you |
|     | \ | are the insured or you are a dependant of the insured.     |
|     | ) |                                                            |
+-----+---+------------------------------------------------------------+
| \_  | \ | Professionally prescribed health aids for you or           |
| \_\ | ( |                                                            |
| _\_ | i | your dependants.                                           |
|     | \ |                                                            |
|     | ) |                                                            |
+-----+---+------------------------------------------------------------+
| \_  | \ | Unemployment compensation benefits, local public           |
| \_\ | ( | assistance benefits, disability benefits, illness          |
| _\_ | j | benefits; and alimony, support, and separate maintenance,  |
|     | \ | to the extent these items are reasonably necessary for     |
|     | ) | your support or the support of your dependants.            |
+-----+---+------------------------------------------------------------+
| \_  | \ | A payment under a stock bonus, pension, profit-sharing,    |
| \_\ | ( | annuity, or similar plan or contract on account of         |
| _\_ | k | illness, disability, death, age, or length of service, to  |
|     | \ | the extent reasonably necessary for your support or the    |
|     | ) | support of your dependants, subject to the limitations set |
|     |   | forth at Title 11 United States Code Section 522 (d) (10)  |
|     |   | (E) (i) -- (iii).                                          |
+-----+---+------------------------------------------------------------+
| \_  | \ | Your right to receive, or property that traceable to,      |
| \_\ | ( |                                                            |
| _\_ | l | -an award under a crime victim\'s reparation law;          |
|     | \ |                                                            |
|     | ) | -a payment on account of the wrongful death of an          |
|     |   | individual of whom you were a dependant, but only to the   |
|     |   | extent reasonably necessary for your support or the        |
|     |   | support of your dependants;                                |
|     |   |                                                            |
|     |   | -a payment under a life insurance contract that insured an |
|     |   | individual of whom you were a dependant on the date of the |
|     |   | insured\'s death, but only to the extent reasonably        |
|     |   | necessary for your support or the support of your          |
|     |   | dependants                                                 |
|     |   |                                                            |
|     |   | -a payment, not to exceed \$17,425, on account of personal |
|     |   | bodily\' injury suffered by you or by an individual of     |
|     |   | whom you are a dependant; however, payment for pain and    |
|     |   | suffering or payment to compensate actual pecuniary loss   |
|     |   | are not exempt under this paragraph;                       |
|     |   |                                                            |
|     |   | -a payment *in* compensation of loss of your future        |
|     |   | earnings or the future earnings of an individual of whom   |
|     |   | you are, or were, a dependant, but only to the extent      |
|     |   | reasonably necessary for your support of your dependants.  |
+-----+---+------------------------------------------------------------+
| \_  | 8 | Compensation for war risk hazards (42 U.S.C. § 1717).      |
| \_\ | \ |                                                            |
| _\_ | . |                                                            |
+-----+---+------------------------------------------------------------+

**[MAJOR EXEMPTIONS UNDER STATE LAW]{.underline}**

**[NOTE:]{.underline}** The law of the state where you have been
domiciled for at least 180 days governs your rights.

**[NOTE:]{.underline}** If you have selected the Bankruptcy Code
exemptions (line 7 above), you may [not]{.underline} also claim the
state law exemptions listed below.

+----+---+--------------------------------+---------------+-----------+
|    |   |                                | **[Statute]{  | **[Va     |
|    |   |                                | .underline}** | lue]{.und |
|    |   |                                |               | erline}** |
|    |   |                                | *             |           |
|    |   |                                | *[Exemption]{ | **[Clai   |
|    |   |                                | .underline}** | med]{.und |
|    |   |                                |               | erline}** |
+----+---+--------------------------------+---------------+-----------+
| \_ | 9 | Fraternal Benefit              | Ohio Rev.     | \_\_      |
| \_ | \ |                                | Code          | \_\_\_\_\ |
| \_ | . | Society Benefits               |               | _\_\_\_\_ |
| \_ |   |                                | Ann.          |           |
|    |   | -Exempt before and after       | §§232         |           |
|    |   | payments                       | 9.66(A)(6)(d) |           |
|    |   |                                | and 3921.128  |           |
+----+---+--------------------------------+---------------+-----------+
| \_ | 1 | Public Assistance              | Ohio Rev.     | \_\_      |
| \_ | 0 |                                | Statute       | \_\_\_\_\ |
| \_ | \ | -General Assistance and aid to |               | _\_\_\_\_ |
| \_ | . | dependent children are exempt  | §§2           |           |
|    |   |                                | 329.66(A)(9), |           |
|    |   |                                | 5107.12 and   |           |
|    |   |                                | 5113.03 (A)   |           |
+----+---+--------------------------------+---------------+-----------+
| \_ | 1 | Pension and Retirement         | Ohio Rev.     | \_\_      |
| \_ | 1 | Benefits                       | Statute       | \_\_\_\_\ |
| \_ | \ |                                |               | _\_\_\_\_ |
| \_ | . | -Various public employees'     | §§245.66 and  |           |
|    |   | retirement systems. In         | provisions    |           |
|    |   | addition, benefits from        | cited in      |           |
|    |   | pension plans qualified for    | notes         |           |
|    |   | tax exemption and certain      | thereafter,   |           |
|    |   | non-qualifying plans are       | and 2329.66   |           |
|    |   | exempt. IRA's and Keoughs are  | (A)(10)       |           |
|    |   | exempt when necessary for      |               |           |
|    |   | support.                       |               |           |
+----+---+--------------------------------+---------------+-----------+
| \_ | 1 | Alimony, Support and Separate  | Ohio Rev.     | \_\_      |
| \_ | 2 | Maintenance                    | Code          | \_\_\_\_\ |
| \_ | \ |                                |               | _\_\_\_\_ |
| \_ | . | -Alimony, maintenance and      | Ann.          |           |
|    |   | child support                  | §2            |           |
|    |   |                                | 329.66(A)(11) |           |
+----+---+--------------------------------+---------------+-----------+
| \_ | 1 | Crime Victims' Compensation    | Ohio Rev.     | \_\_      |
| \_ | 3 |                                | Code          | \_\_\_\_\ |
| \_ | \ |                                |               | _\_\_\_\_ |
| \_ | . |                                | Ann.          |           |
|    |   |                                | §§2329        |           |
|    |   |                                | .66(A)(12)(a) |           |
|    |   |                                | and           |           |
|    |   |                                | 2743.66(D)    |           |
+----+---+--------------------------------+---------------+-----------+
| \_ | 1 | Claims for Negligence and      | Ohio Rev.     | \_\_      |
| \_ | 4 | Tortuous Conduct               | Code          | \_\_\_\_\ |
| \_ | \ |                                |               | _\_\_\_\_ |
| \_ | . | -A payment on account of the   | §2329.66(A    |           |
|    |   | wrongful death of an           | )(12)(b),(c), |           |
|    |   | individual of whom the person  | and (d)       |           |
|    |   | is a dependent to the extent   |               |           |
|    |   | necessary for support is       |               |           |
|    |   | exempt. Up to \$5,000 for      |               |           |
|    |   | personal injury, not including |               |           |
|    |   | pain and suffering or          |               |           |
|    |   | pecuniary loss, for the person |               |           |
|    |   | or an individual for whom the  |               |           |
|    |   | person is a dependent, is      |               |           |
|    |   | exempt. Compensation for loss  |               |           |
|    |   | of future earnings, of the     |               |           |
|    |   | person or an individual of     |               |           |
|    |   | whom the person is a           |               |           |
|    |   | dependent, is exempt to the    |               |           |
|    |   | extent necessary for support.  |               |           |
+----+---+--------------------------------+---------------+-----------+
| \_ | 1 | Wages                          | Ohio Rev.     | \_\_      |
| \_ | 5 |                                | Code          | \_\_\_\_\ |
| \_ | \ | -If paid weekly, (13) the      |               | _\_\_\_\_ |
| \_ | . | greater of 30 times the        | Ann. §2329.66 |           |
|    |   | current federal minimum wage   | (A) (13)      |           |
|    |   | of 75% of debtor\'s disposable |               |           |
|    |   | earnings. If paid biweekly,    |               |           |
|    |   | the greater of 60 times the    |               |           |
|    |   | current federal minimum wage   |               |           |
|    |   | or of debtor\'s disposable     |               |           |
|    |   | earnings. If paid              |               |           |
|    |   | semi-monthly, the greater of   |               |           |
|    |   | 65 times the current federal   |               |           |
|    |   | minimum wage or of debtor\'s   |               |           |
|    |   | disposable earnings. If paid   |               |           |
|    |   | monthly, one hundred thirty    |               |           |
|    |   | times the federal minimum wage |               |           |
|    |   | or of debtor\'s disposable     |               |           |
|    |   | earnings.                      |               |           |
+----+---+--------------------------------+---------------+-----------+
| \_ | 1 | Workers\' Compensation         | Ohio Rev.     | \_\_      |
| \_ | 6 |                                | Code          | \_\_\_\_\ |
| \_ | \ | -Exempt                        |               | _\_\_\_\_ |
| \_ | . |                                | Ann. §4123.67 |           |
+----+---+--------------------------------+---------------+-----------+
| \_ | 1 | Unemployment Compensation      | Ohio Rev.     | \_\_      |
| \_ | 7 |                                | Code          | \_\_\_\_\ |
| \_ | \ | -Exempt                        |               | _\_\_\_\_ |
| \_ | . |                                | Ann. §4141.32 |           |
+----+---+--------------------------------+---------------+-----------+

The statements made in this claim for exemptions and request for hearing
as to exemption entitlement and fair market value of the property
designated are made and declared under penalty of perjury that they are
true and correct. I hereby request a court hearing to decide the
validity of my claims. Notice of the hearing should be given to me by
mail at:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_

(Address) (City/State) (Zip Code)

or telephonically at \_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Area Code) (Phone Number)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Debtor's printed/typed name)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Signature of Debtor)

Number range CHAPTER**[NOTICE TO DEFENDANT DEBTOR ON]{.mark}**

**[HOW TO CLAIM EXEMPTIONS]{.mark}**

[]{.mark}

[To: (Judgment debtor's name)]{.mark}

[(Judgment debtor's address)]{.mark}

[]{.mark}

[The attached post-judgment process has been issued on request of the
[(moving party's name)]{.underline}.]{.mark}

[]{.mark}

[The law provides that certain property and wages cannot be taken. Such
as property is said to be exempted. The claim for Exemption Form lists
the exemptions under Federal law and your state law. There is no
exemption solely because you are having difficulty paying your
debts.]{.mark}

[]{.mark}

[If you claim an exemption, you should (1) select either the Federal
Bankruptcy Code exemptions or the state law exemptions, (2) fill out the
Claim for Exemption Form and (3) deliver or mail the form to the Clerk's
office of this Court and counsel for the United States.]{.mark}

[]{.mark}

[Under the Federal Debt Collection Procedures Act of 1990 (FDCPA), you
have the right to request a hearing. You have a right to have the
hearing within 5 business days, or as soon as practicable, from the date
you file your claim with the Court.]{.mark}

[]{.mark}

[If (moving party's name) as creditor is asking that your wages be
withheld, the method of computing the amount of wages which are exempt
from garnishment by law is indicated on the Claim for Exemption Form,
which is attached. If you believe the wrong amount is being withheld,
you may file a claim for exemption.]{.mark}

[]{.mark}

[The garnishee, the person who is in custody or control of your
property, is required to serve an answer within 10 days after receiving
a Writ of Garnishment. **Under the FDCPA, within 20 days after receipt
of the answer, you may file a written objection to the answer and
request a hearing.** In your written objection you must state the
grounds for the objection and bear the burden of providing the basis of
your objection. You must serve a copy of the objection and request for
hearing upon all parties.]{.mark}

[]{.mark}

[If you request a hearing, you should come to the court ready to explain
why your property is exempt, and you should bring any documents which
may help prove your case. If you do not come to the court at the
designated time and prove that your property is exempt, you may lose
some of your rights. You may wish to seek the advice of an attorney in
this matter.]{.mark}

[To: (Garnishee's name)]{.mark}

[(Garnishee's address)]{.mark}

[]{.mark}

**[INSTRUCTIONS TO THE GARNISHEE]{.mark}**

[]{.mark}

[Attached is a writ of Garnishment requesting that you determine whether
or not you have in your possession, custody or control any of the
property of the debtor listed herein, or any other property of the
debtor. **You are required by law to serve a written answer to this Writ
within ten (10) days of your receipt of this Writ.** You must file the
original answer with the Court issuing this Writ and serve a copy to
[(enter defendants name)]{.underline}, Defendant, and to the [(moving
party's name)]{.underline} counsel. You are further required to hold and
retain any property in which the debtor has a substantial non-exempt
interest until the Garnishment Order is signed by this Court and you are
instructed regarding payments. A list of exemptions which are not
subject to the Writ of Garnishment is attached to the Clerk's Notice,
entitle Claim for Exempted Form.]{.mark}

[]{.mark}

**[IF YOU FAIL TO ANSWER THIS WRIT OR WITHHOLD PROPERTY IN ACCORDANCE
WITH THE WRIT, THE COURT MAY MAKE YOU LIABLE FOR THAT AMOUNT OF THE
DEBTOR'S NON-EXEMPT PROPERTY WHICH YOU FAILED TO WITHHOLD. ADDITIONALLY,
YOU MAY BE HELD LIABLE FOR REASONABLE ATTORNEY FEES TO THE [(ENTER
MOVING PARTY'S NAME)]{.underline} IF THE [(ENTER MOVING PARTY'S
NAME)]{.underline} FILES A PETITION TO THE COURT REQUESTING AN
EXPLANATION FOR YOUR FAILURE TO COMPLY WITH THIS WRIT.]{.mark}**

[]{.mark}

[If you have any questions, please call [(enter moving party/counsel's
name)]{.underline} at: [(enter moving party/counsel's phone
number)]{.underline}.]{.mark}

**[[IMPORTANT STATEMENT]{.underline}]{.mark}**

[This wage garnishment directs the withholdings of up to 25% of the
judgment debtor's disposable income. In certain cases, however, federal
law does not permit the withholding of that much of the debtor's
disposable income. The judgment debtor is referred to the 15 United
States Code § 1671 et. Seq.]{.mark}

[I. Limitations on the amount that can be withheld:]{.mark}

[A. If judgment debtor's weekly disposable earnings are less than thirty
(30) times the current federal minimum wage, no deduction can be made
under this wage garnishment.]{.mark}

[B. If deductions are being made from a judgment debtor's gross income
under any orders for alimony, support maintenance for family members or
former spouses, and those deductions are less than 25% of the judgment
debtor's disposable earning, deductions maybe made under the wage
garnishment. However, the amount arrived at by adding the deductions
made under this execution to the deduction made under any orders for
alimony, support or maintenance for a family members or former spouses
cannot exceed 25% of the judgment debtor's disposable earnings.]{.mark}

[NOTE: Nothing in this wage garnishment limits the proportion or amount
which may be deducted under any order for alimony, support or
maintenance for family member or former spouses.]{.mark}

[II. Explanation of Limitations - Definitions]{.mark}

[Disposable Earnings: Disposable earnings are that part of an
individual's earnings left after deduction those amounts that are
required by law to be withheld, for example, taxes, social security and
unemployment insurance, but not deductions for union dues, insurance
plans.]{.mark}

[Gross Income: Gross income is salary, wages or other income including
any and all overtime earning, commissions and income trusts, before any
deductions are made from such income.]{.mark}

**IN THE UNITED STATES DISTRICT COURT**

**FOR THE SOUTHERN DISTRICT OF OHIO**

**\_\_\_\_\_\_\_\_\_\_\_\_ DIVISION**

Judgment Creditor, : Civil Action

:

> v\. : Judge

:

Judgment Debtor, : Magistrate Judge

**ANSWER OF GARNISHEE**

**SECTION B. ANSWER OF GARNISHEE**

Now comes the garnishee, who says:

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

yes no if yes, amount

2\. That property is described as:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

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

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

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

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

I certify that the statements above are true.

\_\_

(Print Name of Garnishee)

\_

(Print Name and Title of Person Who Completed Form)

> Signed (Signature of Person Completing Form)
>
> Dated this [\_]{.underline} day of [\_]{.underline} , .

**IN THE UNITED STATES DISTRICT COURT**

**FOR THE SOUTHERN DISTRICT OF OHIO**

**\_\_\_\_\_\_\_\_\_\_\_\_ DIVISION**

Judgment Creditor, : Civil Action

:

> v\. : Judge

:

Judgment Debtor, : Magistrate Judge

**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 money,
property, or credits, other than personal earnings, now in the
possession of (Name and address of Garnishee), the garnishee in this
proceeding, be used to satisfy your debt to the judgment creditor. This
order was issued on the basis of the judgment creditor\'s judgment
against you that was obtained in (Name of Court) in Case No.
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ on
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, \_\_\_\_\_, 200\_\_.

Upon your receipt of this notice, you are prohibited from removing or
attempting to remove the money, property, or credits until expressly
permitted by the court. Any violation of this prohibition subjects you
to punishment for contempt of court.

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

\(1\) Workers\' compensation benefits;

> \(2\) Unemployment compensation payments;
>
> \(3\) Cash assistance payments under the Ohio works first program;
>
> \(4\) Benefits and services under the prevention, retention, and
> contingency program;
>
> \(5\) Disability financial assistance administered by the Ohio
> department of job and family services;
>
> \(6\) Social security benefits;
>
> \(7\) Supplemental security income (S.S.I.);
>
> \(8\) Veteran\'s benefits;
>
> \(9\) Black lung benefits;
>
> \(10\) Certain pensions.

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

If you dispute the judgment creditor\'s right to garnish your property
and believe that the judgment creditor should not be given your money,
property, or credits, other than personal earnings, now in the
possession of the garnishee 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
property 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**. If you request a hearing, the hearing will
be limited to a consideration of the amount of your money, property, or
credits, other than personal earnings, in the possession or control of
the garnishee, if any, that can be used to satisfy all or part 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 in Magistrate Judge [\_ ']{.underline}s Courtroom No.
,
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(address)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,
at a.m./p.m. on , . You may request the court to conduct the hearing
before this date by indicating your request in the space provided on the
form; the court then will send you notice of any change in the date,
time, or place of the hearing. If you do not request a hearing by
delivering your request for a hearing no later than the end of the fifth
business day after you receive this notice, some of your money,
property, or credits, other than 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.

**JAMES BONINI**

Clerk of Court

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date

**IN THE UNITED STATES DISTRICT COURT**

**FOR THE SOUTHERN DISTRICT OF OHIO**

**\_\_\_\_\_\_\_\_\_\_\_\_ DIVISION**

Judgment Creditor, : Civil Action

:

v\. : Judge

:

Judgment Debtor, : Magistrate Judge

**REQUEST FOR HEARING**

I dispute the judgment creditor\'s right to garnish my money, property,
or credits, other than personal earnings, in the above case and request
that a hearing in this matter be held (Insert \"on\" or \"earlier
than\") the date and time set forth in the document entitled \"NOTICE TO
THE JUDGMENT DEBTOR\" that I received with this request form.

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

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

> (Name of Judgment Debtor)
>
> (Signature)

[\_\_\_\_\_\_\_\_\_\_\_]{.underline}

> (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 money, property, or credits, other
than personal earnings, now in the possession of (garnishee\'s name)
will be paid to (judgment creditor\'s name) to satisfy some of your debt
to (judgment creditor\'s name).**

Ohio Revised Code \' 2716.13(C)(2)-(5) and (D) read:

> \(2\) The judgment debtor may receive a hearing in accordance with
> this division by delivering a written request for hearing to the court
> within five business days after receipt of the notice provided
> pursuant to division (C)(1) of this section. The request may set forth
> the judgment debtor\'s reasons for disputing the judgment creditor\'s
> right to garnish the money, property, or credits, other than personal
> earnings; however, neither the judgment debtor\'s inclusion of nor
> 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 hearing
> shall be limited to a consideration of the amount of money, property,
> or credits, other than personal earnings, of the judgment debtor in
> the hands of the garnishee, if any, that can be used to satisfy all or
> part of the debt owed by the judgment debtor to the judgment creditor.
> If a request for a hearing is not received by the court within the
> prescribed time, the hearing scheduled pursuant to division (A) of
> this section shall be canceled unless the court grants the judgment
> debtor a continuance in accordance with division (C)(3) of this
> section.
>
> \(3\) If the judgment debtor does not request a hearing in the action
> within the prescribed time pursuant to division (C)(2) of this
> section, the court nevertheless may grant a continuance of the
> scheduled hearing if the judgment debtor, prior to the time at which
> the hearing was scheduled, as indicated on the notice to the judgment
> debtor required by division (C)(1) of this section, establishes a
> reasonable justification for failure to request the hearing within the
> prescribed time. If the court grants a continuance of the hearing, it
> shall cause the matter to be set for hearing as soon as practicable
> thereafter. The continued hearing shall be conducted in accordance
> with division (C)(2) of this section.
>
> \(4\) The court may conduct the hearing on the matter prior to the
> time at which the hearing was scheduled, as indicated on the notice to
> the judgment debtor required by division (C)(1) of this section, upon
> the request of the judgment debtor. The parties shall be sent notice,
> by the clerk of the court, by regular mail, of any change in the date,
> time, or place of the hearing.
>
> \(5\) If the scheduled hearing is canceled and no continuance is
> granted, the court shall issue an order to the garnishee to pay all or
> some of the money, property, or credits, other than personal earnings,
> of the judgment debtor in the possession of the garnishee at the time
> of service of the notice and order 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 this section. If the scheduled hearing is
> conducted or if it is continued and conducted, the court shall
> determine at the hearing the amount of the money, property, or
> credits, other than personal earnings, of the judgment debtor in the
> possession of the garnishee at the time of service of the notice and
> order, if any, that can be used to satisfy all or part of the debt
> owed by the judgment debtor to the judgment creditor, and issue an
> order, accordingly, to the garnishee to pay that amount into court if
> it has not already been paid to the court.
>
> \(D\) The notice to the judgment debtor form and the request for
> hearing form described in division 8 of this section shall be sent by
> the clerk by ordinary or regular mail service unless the judgment
> creditor requests that service be made in accordance with the Rules of
> Civil Procedure, in which case the forms shall be served in accordance
> with the Rules of Civil Procedure. Any court of common pleas that
> issues an order of garnishment of property, other than personal
> earnings, under this section has jurisdiction to serve process
> pursuant to this section upon a garnishee who does not reside within
> the jurisdiction of the court. Any county court or municipal court
> that issues an order of garnishment of property, other than personal
> earnings, under this section has jurisdiction to serve process
> pursuant to this section upon a garnishee who does not reside within
> the jurisdiction of the court.