Ohio Rev. Code » Chapter 2716
Ohio Revised Code

Ohio Rev. Code § 2716.06 (2026)

Form for notice to judgment debtor

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Effective:
August 29, 2000
Latest Legislation:
House Bill 294 - 123rd General Assembly
PDF:
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(A) The notice to the judgment debtor that must be served on the garnishee and delivered to the judgment debtor shall be in substantially the following form:

"(Name and Address of the Court)

(Case Caption) Case No. _______

NOTICE TO THE JUDGMENT DEBTOR

You are hereby notified that this court has issued an order in the above case in favor of (name and address of judgment creditor), the judgment creditor in this proceeding, directing that some of your personal earnings be used in satisfaction of your debt to the judgment creditor instead of being paid to you. This order was issued on the basis of the judgment creditor's judgment against you that was obtained in (name of court) in (case number) on (date).

The law of Ohio provides that you are entitled to keep a certain amount of your personal earnings free from the claims of creditors. Additionally, wages under a certain amount may never be used to satisfy the claims of creditors. The documents entitled "ORDER AND NOTICE OF GARNISHMENT AND ANSWER OF EMPLOYER" that are enclosed with this notice show how the amount proposed to be taken out of your personal earnings was calculated by your employer.

If you dispute the judgment creditor's right to garnish your personal earnings and believe that you are entitled to possession of the personal earnings because they are exempt or if you feel that this order is improper for any other reason, you may request a hearing before this court by disputing the claim in the request for hearing form, appearing below, or in a substantially similar form, and delivering the request for hearing to this court at the above address, at the office of the clerk of this court, no later than the end of the fifth business day after you receive this notice. You may state your reasons for disputing the judgment creditor's right to garnish your personal earnings in the space provided on the form; however, you are not required to do so. If you do state your reasons for disputing the judgment creditor's right, you are not prohibited from stating any other reason at the hearing. If you do not state your reasons, it will not be held against you by the court, and you can state your reasons at the hearing. NO OBJECTIONS TO THE JUDGMENT ITSELF WILL BE HEARD OR CONSIDERED AT THE HEARING. The hearing will be limited to a consideration of the amount of your personal earnings, if any, that can be used in satisfaction of the judgment you owe to the judgment creditor.

If you request a hearing by delivering your request for hearing no later than the end of the fifth business day after you receive this notice, it will be conducted no later than twelve days after your request is received by the court, and the court will send you notice of the date, time, and place. You may indicate in the form that you believe that the need for the hearing is an emergency and that it should be given priority by the court. If you do so, the court will schedule the hearing as soon as practicable after your request is received and will send you notice of the date, time, and place. If you do not request a hearing by delivering your request for hearing no later than the end of the fifth business day after you receive this notice, some of your personal earnings will be paid to the judgment creditor.

If you have any questions concerning this matter, you may contact the office of the clerk of this court. If you want legal representation, you should contact your lawyer immediately. If you need the name of a lawyer, contact the local bar association.

_____________________________ Clerk of the Court

_____________________________ Date"

(B) The request for hearing form that must be served on the garnishee and delivered to the judgment debtor shall have attached to it a postage-paid, self-addressed envelope or shall be on a postage-paid, self-addressed postcard, and shall be in substantially the following form:

"(Name and Address of Court)

Case Number __________ Date __________

REQUEST FOR HEARING

I dispute the judgment creditor's right to garnish my personal earnings in the above case and request that a hearing in this matter be held no later than twelve days after delivery of this request to the court.

I ________________________ feel that the need for the

(insert "do" or "do not")

hearing is an emergency.

I dispute the judgment creditor's right to garnish my personal earnings for the following reasons:

____________________________________________________

(Optional)

____________________________________________________

____________________________________________________

I UNDERSTAND THAT NO OBJECTIONS TO THE JUDGMENT ITSELF WILL BE CONSIDERED AT THE HEARING.

_____________________________ (Name of Judgment Debtor)

_____________________________ (Signature)

_____________________________ (Date)

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT, YOU WAIVE YOUR RIGHT TO A HEARING, AND SOME OF YOUR PERSONAL EARNINGS WILL BE PAID TO (JUDGMENT CREDITOR'S NAME) IN SATISFACTION OF YOUR DEBT TO THE JUDGMENT CREDITOR."

(C) The judgment debtor may receive a hearing in accordance with this division by delivering a written request for a hearing to the clerk of the court within five business days after receipt of the notice provided pursuant to division (A) of this section. The request may set forth the judgment debtor's reasons for disputing the judgment creditor's right to garnish the personal earnings; however, neither the judgment debtor's inclusion of nor the judgment debtor's failure to include those reasons upon the request constitutes a waiver of any defense of the judgment debtor or affects the judgment debtor's right to produce evidence at the hearing. If the request is made by the judgment debtor within the prescribed time, the court shall schedule a hearing no later than twelve days after the request is made, unless the judgment debtor indicated that the judgment debtor felt the need for the hearing was an emergency, in which case the court shall schedule the hearing as soon as practicable after the request is made. Notice of the date, time, and place of the hearing shall be sent to the parties in accordance with division (E) of this section. The hearing shall be limited to a consideration of the amount of the personal earnings of the judgment debtor, if any, that can be used in satisfaction of the debt owed by the judgment debtor to the judgment creditor.

(D) If the judgment debtor does not request a hearing within the prescribed time pursuant to division (C) of this section, the court shall issue an order to the garnishee to pay some of the judgment debtor's personal disposable earnings into court, if they have not already been paid to the court. This order shall be based on the answer of the garnishee filed pursuant to section 2716.05 of the Revised Code. If a hearing is conducted, the court shall determine at the hearing the amount, calculated each pay period at the statutory percentage, of the judgment debtor's personal disposable earnings for the present pay period, if any, that can be used in satisfaction of the debt owed by the judgment debtor to the judgment creditor, and issue an order, accordingly, to the garnishee to pay that amount, calculated each pay period at the statutory percentage, of the personal disposable earnings into court if it has not already been paid to the court.

(E) If the judgment debtor requests a hearing within the prescribed time pursuant to division (C) of this section, the clerk shall send a notice of the date, time, and place of the hearing by regular mail to the judgment creditor or the judgment creditor's attorney and the judgment debtor.
Notes of Decisions
Cited in 21 cases (5 in the last 5 years), 1991–2025 · leading case: Merchants Acceptance, Inc. v. Bucholz, 2011-Ohio-5556.
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Merchants Acceptance, Inc. v. Bucholz, 2011-Ohio-5556. · cites it 5× “” R.C. 2716.06 governs service of notice to the judgment debtor of the garnishment order, and it sets forth a sample form entitled, “Notice to the Judgment Debtor.”
Tillimon v. Bailey, 2020-Ohio-1243. · cites it 2× “{¶ 11} Pursuant to R.C. 2716.06(C), if a judgment debtor disputes the judgment creditor’s right to garnish personal earnings, because such earnings are exempt or the 5.”
Van Wert Co. Hosp. v. French (In re Cummings), 266 B.R. 138 (Bankr. N.D. Ohio 2001). · cites it 9× “Simply put, Attorney Hearn argues that if a debtor fails to contest a garnishment order within the five (5) day time-frame provided in O.R.C. § 2716.06, as seems to be the situation in this case, the debtor thereafter relinquishes all legal and/or equitable interest in the…”
Januzzi v. Hickman, 572 N.E.2d 642 (Ohio 1991). “The garnishee’s nonparty status is indicated in R.C. 2716.06 and 2716.13, which statutes give only the judgment debtor the right to demand a hearing.”
Dept. of Taxation v. Dunlap, 2018-Ohio-1587. · cites it 4× “R.C. 2716.06(C) permits a judgment debtor to receive a hearing on a notice and order of garnishment.”
Tisdale v. ADP, L.L.C., 2021-Ohio-3827. · cites it 2× “{¶ 17} R.C. 2716.06 provides that the judgment debtor should dispute the judgment creditor's right to garnish the wages at a requested hearing by demonstrating an exemption or reason the garnishment is improper.”
Credit Invests., Inc. v. Addis, 2014-Ohio-4249. · cites it 2× “{¶ 5} In its first assignment of error, Credit Investments contends the trial court erred in taking actions not permitted in the context of a garnishment hearing under R.C. 2716.06. It claims the only issue properly before the trial court was the amount of Addis’s personal…”
Ohio Dept. of Taxation v. Shuster, 2017-Ohio-8927. · cites it 6× “Shuster did not request a hearing pursuant to R.C. 2716.06. However, on February 28, 2017, Shuster filed a “Motion to strike and Dismiss this Case under Rule 12(B)” and “Defendant’s Objection to ex- parte Filings and Motion to Strike.”
Lough v. Robinson, 675 N.E.2d 1272 (Ohio Ct. App. 4th Dist. 1996). “The employee may then request a hearing pursuant to R.C. 2716.06 to notify the court that ordered the garnishment of the support order.”
Ohio Dept. of Taxation v. Barney, 2023-Ohio-636. “{¶ 3} Pursuant to R.C. 2716.06, the Franklin County Clerk of Courts ("clerk") served appellant with a "notice to the judgment debtor of garnishment of property other than personal earnings" that provided in relevant part as follows: You are hereby notified that this court has…”
Sky Bank v. Lenart & Assocs., Inc., 2013-Ohio-5122. · cites it 2× “The garnishee’s nonparty status is also indicated in R.C. 2716.06 and 2716.13, which gives only the judgment debtor the right to demand a hearing.”
Grahams Used Car Outlet v. Stutchman, 2013-Ohio-3609. · cites it 3× “THE TRIAL COURT ERRED BY ALLOWING OBJECTIONS TO BE HEARD ON THE JUDGMENT ITSELF, PURSUANT TO ORC §2716.06. {¶24} “III. THE TRIAL COURT SUA SPONTE VACATED THE JUDGMENT CONTRARY TO OHIO CIVIL RULE 60B.”
Show all 21 citing cases →
Ohio Rev. Code § 2716.06(A): 1 case
Prof'l Fin. Servs. of Georgia, L.L.C. v. Washington, 2025-Ohio-1473.
Ohio Rev. Code § 2716.06(B): 1 case
Tisdale v. ADP, L.L.C., 2021-Ohio-3827. “{¶ 17} R.C. 2716.06 provides that the judgment debtor should dispute the judgment creditor's right to garnish the wages at a requested hearing by demonstrating an exemption or reason the garnishment is improper.”
Ohio Rev. Code § 2716.06(C): 12 cases
Tillimon v. Bailey, 2020-Ohio-1243. “{¶ 11} Pursuant to R.C. 2716.06(C), if a judgment debtor disputes the judgment creditor’s right to garnish personal earnings, because such earnings are exempt or the 5.”
Merchants Acceptance, Inc. v. Bucholz, 2011-Ohio-5556. “” R.C. 2716.06 governs service of notice to the judgment debtor of the garnishment order, and it sets forth a sample form entitled, “Notice to the Judgment Debtor.”
Dept. of Taxation v. Dunlap, 2018-Ohio-1587. “R.C. 2716.06(C) permits a judgment debtor to receive a hearing on a notice and order of garnishment.”
Van Wert Co. Hosp. v. French (In re Cummings), 266 B.R. 138 (Bankr. N.D. Ohio 2001). “Simply put, Attorney Hearn argues that if a debtor fails to contest a garnishment order within the five (5) day time-frame provided in O.R.C. § 2716.06, as seems to be the situation in this case, the debtor thereafter relinquishes all legal and/or equitable interest in the…”
Credit Invests., Inc. v. Addis, 2014-Ohio-4249. “{¶ 5} In its first assignment of error, Credit Investments contends the trial court erred in taking actions not permitted in the context of a garnishment hearing under R.C. 2716.06. It claims the only issue properly before the trial court was the amount of Addis’s personal…”
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