(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:
Terms Used In Ohio Code 2716.07
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Employer: means a person who is required to withhold taxes out of payments of personal earnings made to a judgment debtor. See Ohio Code 2716.01
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Judgment debtor: means a person against whom a judgment has been obtained in a civil action. See Ohio Code 2716.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Personal earnings: means money, or any other consideration or thing of value, that is paid or due to a person in exchange for work, labor, or personal services provided by the person to an employer. See Ohio Code 2716.01
“INTERIM REPORT AND ANSWER OF GARNISHEE
Case No. _____________________
In The __________________ Court
__________, Judgment Creditor
__________, 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 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)
(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.