(A) Subject to division (D) of section 2716.041 of the Revised Code, if a continuous order of garnishment of personal earnings ceases to remain in effect because of the operation of division (C)(1) of that section, the garnishee shall file with the municipal or county court or court of common pleas that issued the order the garnishee’s final report and answer that shall be substantially in the following form:
Terms Used In Ohio Code 2716.08
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- 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 creditor: means a person who has obtained a judgment in a civil action against another person. See Ohio Code 2716.01
- 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
- Trustee: A person or institution holding and administering property in trust.
“FINAL 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 section A of the order of garnishment of the judgment debtor’s personal earnings, is $_____________________
3. The total amount that has been withheld from the judgment debtor’s personal disposable earnings and paid to the court while the order of garnishment of the judgment debtor’s personal earnings remained in effect is $______________________
4. (When applicable) the total probable amount due on the judgment (as stated in 2 above) is not equal to the total amount that has been withheld (as stated in 3 above), and the reason for that difference is that the order of garnishment of the judgment debtor’s personal earnings ceased to be in effect for the following statutorily prescribed reason(s) (check whichever apply):
(a) _____ A municipal or county court appointed a trustee for the judgment debtor and issued an order that stays the order of garnishment of the judgment debtor’s personal earnings.
(b) _____ A federal bankruptcy court issued an order that stays the order of garnishment of the judgment debtor’s personal earnings.
(c) _____ A municipal or county court or a court of common pleas issued another order of garnishment of personal earnings that relates to the judgment debtor and a different judgment creditor, and Ohio or federal law provides the other order a higher priority. (Set forth the name of the court that issued the higher priority order, the associated case number, the date that the higher priority order was received, and the balance due to the relevant judgment creditor under that order):
(d) _____ A municipal or county court or a court of common pleas issued another order of garnishment of personal earnings that relates to the judgment debtor and a different judgment creditor and that is not described in 4(c) above. (Set forth the name of the court that issued the subsequently received order, the associated case number, the date that the subsequent order was received, and the balance due to the relevant judgment creditor under that order):
(e) _____ The judgment creditor or judgment creditor’s attorney has issued a request that the order of garnishment be terminated and the garnishee released from the mandates of the order of garnishment.
(f) _____ Judgment debtor‘s employment terminated on:
(g) _____ Other:
I certify that the statements above are true.
___________________________________(Print Name of Employer)
___________________________________(Print Name and Title of Person Who Completed Form on behalf of theEmployer)
Signed _________________________________________________________ (Signature of Employer or Employer’s Agent)
Dated this ___________ day of __________________, _______”
(B) One copy of the final report and answer shall be served upon the garnishee in accordance with section 2716.05 of the Revised Code. The garnishee shall use the final report and answer in accordance with division (A) of this section and division (C)(5) of section 2716.041 of the Revised Code.