garnishee
In such case, the debtor’s employer is the garnishee. [1]
A garnishment is a means of collecting a monetary judgment against a defendant by ordering a third party (the garnishee) to pay money, otherwise owed to the defendant, directly to the plaintiff. [2]
If the answer of a garnishee required by section 2716.05 or 2716.13 of the Revised Code is not made in writing as ordered by the court that issued the garnishment order, the answer shall be made before the clerk of the court of common pleas of the county in which the garnishee resides or, if the garnishee resides outside of the state, before the clerk of the county in which the garnishee was served or in which the action is pending. [3]
To seize by garnishment: garnishee a debtor’s wages. [4]
The garnishee shall be served, in the same manner as a summons is served, with three copies of the order of garnishment of personal earnings and of a written notice that the garnishee answer as provided in division (E) of section 2716.041 of the Revised Code, this section, and section 2716.21 of the Revised Code and with the garnishee’s fee required by section 2716.04 of the Revised Code. [5]
The garnishee shall answer all questions addressed to the garnishee regarding the personal earnings of the judgment debtor or regarding the amount of money, property, or credits, other than personal earnings, of the judgment debtor that are in the garnishee’s possession or under the garnishee’s control at the time of service of the order, whichever is applicable. [3]
After receiving a garnishment notification, the law requires the defendant garnishee to answer within 20 days, and either admit or deny that he or she owes money to the judgment debtor. [6]
Wage garnishments continue until the entire debt is paid or arrangements are made to pay off the debt. [7]
The garnishee also shall be served, at that time, with two copies of the notice to the judgment debtor form and of the request for hearing form described in section 2716.06 of the Revised Code, one copy of the interim report and answer form described in section 2716.07 of the Revised Code, one copy of the employer guide to processing continuous orders of garnishment, and one copy of the final report and answer form described in section 2716.08 of the Revised Code. [5]
For example, when an individual owes money but has for a source of income only a salary, a creditor might initiate Garnishment proceedings. [1]
Tutor’s tip: The bride insisted on the expensive meal not knowing her father would need to “garnishee” (withhold part of wages to repay a debt) his wages just to afford the “garnish” (food decoration). [...] For example, when an individual owes money but has for a source of income only a salary, a creditor might initiate garnishment proceedings. [8]
A court of common pleas or municipal or county court that issues an order of garnishment of personal earnings has jurisdiction to serve process pursuant to this section upon a garnishee who does not reside within the territorial jurisdiction of the court. [5]
If a garnishee answers and it is discovered that, at the time of the service of the order upon the garnishee, the garnishee possessed any money, property, or credits of the judgment debtor or was indebted to the judgment debtor, the court may order the payment of the amount owed into court, or it may permit the garnishee to retain the money, property, or credits or the amount owed upon the garnishee’s executing to the judgment creditor a bond with sufficient surety to the effect that the amount will be paid as the court directs. [3]
Court order to an employer to withhold all or part of an employee’s wages and send the money to the court or to a person who has won a lawsuit against the employee. [2]
Sources:
[1] Garnishee legal definition of Garnishee. Garnishee synonyms by the Free …
[2] garnishment: West’s Encyclopedia of American Law (Full Article) from …
[3] Lawriter - ORC - 2716.21 Garnishee’s answer.
[4] garnishee - definition of garnishee by the Free Online Dictionary …
[5] Lawriter - ORC - 2716.05 Service of order and notices on garnishee.
[6] Garnishee defendant actions after receiving garnishment notification
[7] Garnishment - Wikipedia, the free encyclopedia
[8] garnishee: West’s Encyclopedia of American Law (Full Article) from …