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Back to Civil FAQ

CIVIL FAQ

GARNISHMENTS

This page will attempt to answer some of the more common Garnishment questions. However, it is not the intention of the Clerk of Court's Office or the Franklin County Municipal Court to offer legal advice through these pages or through our answering of questions. While knowledgeable about the operational procedures of the Clerk's Office and the Court, Deputy Clerks and Bailiffs are not attorneys and cannot recommend specific legal options, and their answering questions should not be construed as such.


How do I release a garnishment against a debtor?

Fill out a garnishment release form provided by the Clerks office and we will issue to garnishee.

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How do I get the creditor to release the garnishment?

Contact the creditor or their attorney and work out a payment plan and ask for them to file a release. I have direct deposit and they garnished my Bank account? File a request for a hearing the money will be kept by the Court until the hearing and a Magistrate decides what to do with the money.

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Can the Plaintiff file a garnishment?

If there is a judgment in the case.

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What happens if a bank answers no account found on an attachment?

You need to do more research and find where there is an account.

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Is there any way to tell what the interest rate is on my garnishment?

Yes, if you have your case number call our file room at 645-8161 have a clerk check the judgment entry.

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Is the interest figured upon the original principle or the decreasing principle?

On the original principle.

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What are my options if the person I am garnishing keeps changing jobs?

Keep issuing a new garnishment.

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My wages are being garnished. How can I stop this?

First, request a hearing and the money will be held by the Accounting/Finance Division. The hearing will be held to address the garnishment only. If you wish to contest the judgment, you need to seek legal advice.

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If the garnishment is valid, where does the money go?

The money is paid into the Accounting/Finance Division of the Clerk's Office. After three weeks, it is sent to the Plaintiff or the attorney for the Plaintiff.

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How much have I paid to date, or how much has the clerk's office received in garnishments from my employer or bank?

By looking in the 'Costs' docket you can see how much has been receipted and paid out. This information can also be accessed via our Internet web site at www.fcmcclerk.com.

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I am being garnished and I don't know why, can you help?

If you call or come in to the Clerks office, we can give you some information such as who sued you, when they got their judgment, and the name and address of the attorney. However, the Clerks office cannot advise you on how to fight the judgment. You must seek advice from a qualified attorney.

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Can I collect interest on my judgment?

Each year the Ohio Tax Commissioner sets the interest rate on judgments. For 2007 and 2008 the interest rate is 8%. This document provides current and past interest rates and calculation formulas. The interest rate is determined by the year in which you obtain the judgment.

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What is an affidavit of current balance?

It is a sworn statement from the creditor indicating how much money is now due. Check your figures against the affidavits. If there is a discrepancy, notify the creditor or your corporate attorney.

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I have been taking out money on a case from your court. I received a new one today from your court. What should I do?

It depends. if you have been taking out money for less than 6 months continue until the 6 months is over. In the mean time, answer the second garnishment and return the answer to the court. If it has been more than 6 months, stop the first garnishment, notify the court on the final report and start taking out money on the second garnishment.

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Do I send in an interim report if there is '0' to send?

No.

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Do I send an interim report along with the check?

Always. We cannot accept checks without the interim report.

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Who is the check made payable to?

Franklin County Municipal Court, or Lori M. Tyack, Clerk.

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If the debtor requests a hearing, do I still send the money in?

Yes, the money will be held at the court until after the hearing.

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I need help filling out the answer to employer or interim report. Can you help?

No. Clerks cannot help fill out the forms. Refer to your corporate attorney.

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What is the difference between a wage and an other than wage garnishment?

A wage garnishment is an order sent to the debtors employer. The clerks office sends it by either certified mail or by bailiff after the $85.00 fee is paid and the paperwork is completed. Ohio is a continuous garnishment state the wage garnishment falls under this category. An other than wage garnishment is an order issued anywhere else after a $40.00 fee is paid. A $1.00 check or money order made out to the bank is also required when filing. Examples of these are bank account or commission. This is not a continuous garnishment.

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