Tuesday, August 24, 2004

Ohio Law on How to Do a Bank Garnishment

When the person losing a civil or small claims suit does not pay the judgment to the wining party, a garnishment can be filed against the losing party's earnings and bank accounts. In Ohio, the requirements for garnishing a bank account vary by municipal court where the request for garnishment will be filed. However, the general procedures are the same.

Instructions

    1

    Contact the clerk's office at the municipal court where you will be filing. Request the forms to file for a garnishment against a bank account. Get instructions about the number of copies that need to be submitted and whether any of the documentation needs to be notarized. For instance, the Kettering Municipal Court requires completion of its five-part Order and Notice of Garnishment Form. The Dayton Municipal Court requires filing of its Order in Aid (original and four copies), its Notice to Judgment Debtor Form (original and two copies) and its Request for Hearing Card.

    2

    Submit the proper fees when you submit the forms. Decide how you want the forms sent to the losing party. For instance, the 2010 fees for the Cleveland Municipal Court are $15.00 for the original filing if there is only one garnishee and one defendant, $5.00 for each additional garnishee and a $1.00 check made payable to each of the banks or other garnishees.

    3

    Specify how you want the forms delivered. For instance, the Dayton Municipal Court typically sends the notice to banks using certified mail. Options are: $100.00 for Certified Mail, $100.00 for Special Process Server, $110.00 for Personal Service, $ 130.00 for Sheriff Service.

    4

    Follow the instructions for submitting the forms. The Dayton Municipal Court describes how each set of copies should be stapled together. The Cleveland Municipal Court will dismiss the request, at your cost, if the filing is not done correctly.

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