Franklin Ohio Interim - Final Report and Answer of Garnishee

State:
Ohio
County:
Franklin
Control #:
OH-022-SC
Format:
Word; 
Rich Text
Instant download

Description

This sample form, an Interim/Final Report and Answer of Garnishee, is for use in Ohio garnishment cases. It is available in Word or Rich Text format.

Franklin Ohio Interim — Final Report and Answer of Garnishee is a legal document used in the state of Ohio to report and answer garnishment proceedings. When someone is subject to a wage garnishment, their employer receives a court order to withhold a portion of their wages to satisfy a debt owed to a creditor. The Interim Report is the initial report submitted by the garnishee (employer) to the court, providing details about the employee's wages, deductions, and the amount that can be withheld. This report is crucial in determining the initial withholding amount. The Final Report, as the name suggests, is the concluding report submitted by the garnishee. It outlines the total amount withheld from the employee's wages during the entirety of the garnishment period. It also indicates whether the debt has been fully satisfied or if there is still a remaining balance. Both the Interim and Final Reports play a vital role in the garnishment process, ensuring transparency, accuracy, and compliance with the court's order. In addition to these primary types of reports, there could be various variations or purposes associated with the Franklin Ohio Interim — Final Report and Answer of Garnishee. These may include: 1. Delinquent Payments Report: A report filed by the employer clarifying any missed or delayed wage withholding, providing explanations for the delays, and outlining the steps taken to resolve the issue. 2. Exemption Report: A report submitted by the garnishee if the employee believes they are exempt from wage garnishment, citing valid legal reasons such as low income, public assistance, or being the head of a household. 3. Financial Hardship Report: If the employee faces extreme financial hardship due to the garnishment, the employer may file this report with the court, seeking the court's consideration to modify or terminate the garnishment order. 4. Subsequent Garnishment Report: In cases where multiple creditors issue garnishments against the same employee, each garnishee may be required to submit successive reports outlining the amounts withheld, ensuring proper allocation and adherence to the priority of payments. These reports are critical to maintain accurate records, ensure compliance with the court's orders, and protect the rights of both the debtor and the creditor. It is essential to consult with an attorney or legal professional for guidance in navigating the Franklin Ohio Interim — Final Report and Answer of Garnishee process.

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FAQ

Starting a Lawsuit A civil action is started in the Franklin County Municipal Court by filing the appropriate complaint, petition, or appeal, along with the filing fee, on the third floor at 375 South High Street, Columbus, Ohio 43215, in person or by mail.

Under Ohio law, a creditor seeking to garnish your wages may not take your entire paycheck. The maximum amount that may be deducted from each paycheck is 25 percent of your net take home (what is left after paying taxes and other deductions). If you are paying child support, even less may be taken from your paycheck.

But a judgment from an Ohio court is valid for 5 years, and then becomes dormant unless revived, giving creditors the ability to collect on judgments for much longer. Section 2325.18(B) sets Ohio's statute of limitations for judgment enforcement at fifteen years.

You can try and get your money (called 'enforcing your judgment') by asking the court for: a warrant of control. an attachment of earnings order. a third-party debt order. a charging order.

Request a Court-Appointed Trustee Under Ohio law, you may be able to avoid wage garnishment if you enter into a trusteeship. Trusteeships can stop wage garnishment and prevent creditors from harassing you for payment. A trusteeship requires that you pay a percentage of your earnings to your court-appointed trustee.

A judgment is good for five years, but any activity of execution on the judgment extends the 5 years.

Ohio law generally provides that a maximum of 25 percent of your income can be paid in garnishment. But there are also some specific garnishment limits on particular types of debt: Federal student loans: Up to 15 percent of your weekly disposable income. Federal taxes: Up to 15 percent of your weekly disposable income.

Go to the clerk's office and ask for a Small Claim Questionnaire. The filing fee is $20.00 plus service. Fill in the form with your case number, your name and address, and the name and address of the judgment debtor. You will be given a court date when you file.

Garnishments may be filed through this court if the debtor's employer is located in Ohio. Once the garnishment order takes effect, the garnishment will remain in effect until the amount of the judgment is paid, or for at least six months.

The Ohio wage garnishment statute of limitations is generally six years for most types of debt. The time limit is counted beginning the day a debt became overdue or the day you last made a payment, whichever happened most recently. However, debt does not expire or disappear until you pay it.

More info

All Requests are processed in accordance with Public Records Act of Ohio. Additional manufacturer reporting requirements in response to drug shortages.Unlike wage garnishments, there is no pre-garnishment notice or warning in garnishments of property other than personal earnings. To represent respondent in the probate court proceedings in Athens County, Ohio.

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Franklin Ohio Interim - Final Report and Answer of Garnishee