NOTICE

In compliance with the Ohio Revised Code Section 5703.47 the interest rate calculated by the Tax Commission and certified by the Auditors Office for the calendar year 2009 is FIVE PERCENT (5%). This interest rate will apply to all new civil judgments.

The Court and Clerk have endeavored to simplify both the acquisition and filing of the paperwork necessary to complete several civil filings. The forms included below are grouped by filing. Each form has a brief explanation of its use, the number of copies which must be filed and the costs for each filing.

CLAIM FORM: Individuals wishing to file a small claims case against a person or business must complete this form in triplicate. The amount of the claim cannot exceed $3,000.

Filing cost: $53.00 one Defendant, $10.00 each additional Defendant.

REQUEST FOR QUESTIONNAIRE: To be utilized, after judgment for plaintiff, to obtain information regarding the financial worth of the judgment debtor. 

Filing cost: $5.00

REQUEST TO FORWARD JUDGMENT TO REGISTRAR: To be utilized after judgment by the plaintiff on motor vehicle accidents only. Can be filed 30 days after judgment if debtor has not satisfied judgment. This action places a block on debtor's ability to register vehicle or renew licenses until debt is satisfied. 

Filing cost: $5.00

NOTICE OF EXECUTION IN A CIVIL CASE: This form needs to be filed you have a judgment against an individual and wish to levy personal property of debtor.

3 copies – 1 page

Filing cost: $650.00

NOTICE OF EXEMPTIONS TO JUDGMENT DEBTOR: These forms are used to seize the debtor’s property, sell it, and collect judgment from the proceeds. This can be either personal property or business property of the debtor.

3 copies - 1 page

FILING COST:

$650.00 – case originated in this court

$675.00 – foreign certificate of judgment

To garnish a debtor’s wages following a civil judgment the following forms must be completed and filed: (Instructions for filing Garnishment of Personal Wages, Garnishment of Bank Accounts)

AFFIDAVIT, ORDER, AND NOTICE OF GARNISHMENT OF PERSONAL EARNINGS & ANSWER OF EMPLOYER

5 copies – 2 pages each

NOTICE TO JUDGMENT DEBTOR

(Wages)3 copies – 1 page

INTERIM REPORT AND ANSWER OF GARNISHEE

1 copy – 1 page

FINAL REPORT AND ANSWER OF GARNISHEE

1 copy – 1 page

These forms must be assembled in order at time of filing

TOTAL FILING COST $100.00

AFFIDAVIT OF CURRENT BALANCE DUE ON GARNISHMENT AND NOTICE TO JUDGMENT DEBTOR OF CURRENT BALANCE DUE

To be filed to notify both employer and debtor of balance remaining to be garnished from the civil judgment.

DISCHARGE OF GARNISHEE

Utilized to notify employer to cease garnishment of debtors wages.

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

1. The original copy of the Affidavit, Order and Notice of Garnishment, with the following stapled to it:
   1. The proof of mailing;
   2. The Fifteen (15)-Day Demand;
   3. The original copy of the Notice to Judgment Debtor.
2. 1. One (1) copy of the Order in Aid by itself;
   2. One (1) Interim Report and Answer of Garnishee;
   3. One (1) Final Report and Answer of Garnishee.
3. 1. Three (3) copies of the Affidavit, Order and Notice of Garnishment;
   2. Two (2) copies of the Notice to Judgment Debtor;
   3. 3.) Request for Hearing Card, with the case number and execution number stamped on it.
4. 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.)

DAYTON MUNICIPAL CLERK OF COURT MARK E. OWENS, CLERK OF COURT

INSTRUCTIONS FOR GARNISHMENTS OF BANK ACCOUNTS

For garnishment of Bank Accounts and other earnings, other than wages, the following forms must be filed with the Clerk of Court Order In Aid (Form GP-3) – Original and 3 Copies Notice to Defendant (Form GP-2) Original and 2 Copies Request for Hearing Card (1 for each Defendant)

Check or Money Order in the amount of $1.00 (No Cash Accepted) payable to the Garnishee (Bank).

Preparation of Forms for Filing in Clerks Office:

1. Original Copy of Bank Attachment (form GP-3) – Fill out information requested; PLEASE NOTE that the Defendant’s address must be listed on this form.
2. Original copy of the Notice to Defendant (form GP-2); Staple to original Order in Aid (form GP-3).
3. Make 3 copies of Bank Attachment form.
4. Staple the money order/check in the amount of $1.00 made payable to the bank to the copies in Line 3. (If service is to be by a Bailiff, a Special Server, or a Sheriff make a 4th copy of the Bank Attachment form and paperclip it to the front of this package.)
5. Request for Hearing Card - Complete one for each Defendant in the case, include case number, execution number, Plaintiff's name, and the name of the bank. This information MUST be on each card.
6. Make 2 copies of Notice to Defendant (form GP-2) and staple Request for Hearing card(s) to the front.
7. Finally, you now have 3 stapled packages of forms (Steps 1 & 2; Steps 3 & 4; Steps 5 & 6), PAPERCLIP ALL 3 packages together.

NOTE:

IF YOU OR YOUR OFFICE NEEDS A TIME STAMPED COPY OF ANY OR ALL OF THE ABOVE FORMS, PREPARE THAT ADDITIONAL COPY PRIOR TO ARRIVING AT THE CLERK'S OFFICE.

The BANK ATTACHMENT form will be sent to the bank via Certified Mail. If you prefer a different method of service, you must inform the Clerk of the method of service to be used BEFORE THE FILING TAKES PLACE.

FILING FEES:

$ 100.00 for Certified Mail
$ 110.00 for Personal Service
$ 120.00 for Sheriff
$ 100.00 for Special Process Server

After a judgment, the judgment creditor may file the following forms together to attach the financial assets of the debtor other than wages. (Both forms must be filed together.)

AFFIDAVIT, ORDER, NOTICE OF GARNISHMENT OF PROPERTY OTHER THAN PERSONAL EARNINGS AND ANSWER OF GARNISHEE

5 copies – 2 pages

NOTICE TO THE JUDGMENT DEBTOR (Property)

3 copies – 1 page

Filing cost for both: $100.00

ORDER OF DEBTOR’S EXAMINATION: Can be filed by judgment creditor following a civil judgment that requires debtor to present a summary of personal worth to be heard before a magistrate.

3 copies – 2 pages

Filing cost: $40.00

APPLICATION FOR SEALING RECORD OF ARREST: Individuals who have been arrested but have not had charges filed against them may use this form to seal the record of their arrest.

3 copies – 1 page

Filing cost: $50.00

PRAECIPE: To be used by any of the litigants or their attorneys to order an individual to be present for a particular civil court hearing.

CIVIL SUBPOENA:

Issuing paper for each witness $2.00

Service by Bailiff $5.00

Witness Fee, for each half day, each person $6.00

Small Claims Subpoena $7.00

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