DAYTON MUNICIPAL CLERK OF COURT MARK E. OWENS, CLERK OF COURT
INSTRUCTIONS FOR GARNISHMENTS OF PERSONAL EARNINGS (WAGES)
PLEASE NOTE that before you may file a garnishment against an individual's wages, you must first send a dated copy of a Fifteen (15)-Day Demand Form to that individual at their last known address. After fifteen (15) days have expired, but before forty five (45) days, you may file your garnishment.
The Court DOES NOT supply the Fifteen (15)-Day Demand Forms. They may be purchased at an office supply store.
For garnishment of Personal Earnings (Wages) the following forms must be completed and filed in the Clerk of Court's Office.
Affidavit, Order and Notice of Garnishment - original and four (4) copies.
Notice to Judgment Debtor - original and two (2) copies
Request for Hearing Card - one (1)
Fifteen (15) Day Demand Form (Dated); one (1) copy and its proof of mailing by one of the following Registered Ordinary Mail Slip, Green Certified Mail Return Card, or the envelope containing the Fifteen (15) Day Demand, returned unopened by the post office.
Interim Report and Answer of Garnishee - one (1)
Final Report and Answer of Garnishee - one (1)
Preparation for Filing in the Clerk's Office
- The original copy of the Affidavit, Order and Notice of Garnishment, with the following stapled to it:
- The proof of mailing;
- The Fifteen (15)-Day Demand;
- The original copy of the Notice to Judgment Debtor.
-
- One (1) copy of the Order in Aid by itself;
- One (1) Interim Report and Answer of Garnishee;
- One (1) Final Report and Answer of Garnishee.
-
- Three (3) copies of the Affidavit, Order and Notice of Garnishment;
- Two (2) copies of the Notice to Judgment Debtor;
- 3.) Request for Hearing Card, with the case number and execution number stamped on it.
- Paper clip Steps A, B, and C together. Please Note: If you want a time stamped copy, prepare an additional copy and clip it to the back of the package.
Filing Fees
$ 100.00 for Certified Mail
$ 110.00 for Personal Service
$ 120.00 for Sheriff
$ 100.00 for Special Process Server
(A Special Process Server Entry must be filed along with the Order in Aid.)
|
