A proceeding for garnishment of property, other than personal earnings, may be commenced after a judgment has been obtained by a judgment creditor by the filing of an affidavit in writing made by the judgment creditor or the judgment creditor's attorney setting forth all of the following:
(A) The name of the judgment debtor whose property the judgment creditor seeks to garnish;
(B) A description of the property;
(C) The name and address of the garnishee who may have in the garnishee's hands or control money, property, or credits, other than personal earnings, of the judgment debtor.
Todd v. Weltman, Weinberg & Reis, Co., LPA, 348 F. Supp. 2d 903 (S.D. Ohio 2004). · cites it 6דSection 2716.11 of the Ohio Revised Code governs the commencement of non-wage garnishment proceedings: A proceeding for garnishment of property, other than personal earnings, may be commenced after a judgment has been obtained by a judgment creditor by the filing of an affidavit…”
TBF Fin., L.L.C. v. Wilkerson, 2019 Ohio 3493 (Ohio Ct. App. 2019). · cites it 3ד{¶ 14} Garnishment of "property, other than personal earnings," also informally called a "non-wage garnishment," is governed by R.C. 2716.11 through 2716.13 and 2716.21.”
Omni Credit Servs. v. Leston, 2013 Ohio 304 (Ohio Ct. App. 2013). · cites it 3ד{¶ 30} Finally, we note that R.C. 2716.11 governs the commencement of proceeding in garnishment, and R.”
Lee v. Javitch, Block & Rathbone, LLP, 484 F. Supp. 2d 816 (S.D. Ohio 2007). · cites it 4דUnder O.R.C. 2716.11, a judgment creditor or the creditor’s attorney must file an affidavit stating: (A) The name of the judgment debtor whose property, other than personal earnings, the judgment creditor seeks to garnish; (B) That the affiant has a reasonable basis to believe…”
Ohio Dep't of Taxation v. Plickert, 715 N.E.2d 239 (Ohio Ct. App. 1998). · cites it 2ד, bank accounts), R.C. 2716.11 et seq., and foreclosure on realty, R.”
E. Liverpool v. Buckeye Water Dist., 2012 Ohio 2821 (Ohio Ct. App. 2012). “R.C. 2716.11 authorizes the commencement of garnishment by a judgment creditor when supported by an affidavit stating: (A) The name of the judgment debtor whose property the judgment creditor seeks to garnish; (B) A description of the property; (C) The name and address of the…”
Doss v. Thomas, 919 N.E.2d 219 (Ohio Ct. App. 2009). “) See also R.C. 2716.11(B) (requiring the judgment creditor to file an affidavit that “the affiant has a reasonable basis to believe that the person named in the affidavit as the garnishee may have property, other than personal earnings, of the judgment debtor”).”
Goralsky v. Taylor, 571 N.E.2d 720 (Ohio 1991). “I A judgment creditor may collect the amount of the judgment owed from the personal property of the debtor other than earnings through a proceeding commenced by the filing of an affidavit as provided by R.C. 2716.11. A written notice of garnishment is then delivered to the…”
State Ex Rel. Meyers v. Ohio State Lottery Comm'n, 517 N.E.2d 1029 (Ohio Ct. App. 1986). “07, directly to a prize winner, who, once he or she has the prize in his or her possession, is immediately subject to garnishment proceedings pursuant to R.C. 2716.11 and 2743.02, and any other remedies a judgment creditor may lawfully have.”
Lee v. Javitch, Block & Rathbone LLP, 601 F.3d 654 (6th Cir. 2010). “See Ohio Rev.Code § 2716.11. 2 . This is because JB & R did not violate either the FDCPA or the OSCPA if the affidavit signed by Javitch was true, and the contested part of the affidavit stated that Javitch had a "reasonable basis to believe that [Lee's Bank] may have property,…”
Sininger v. Fulton (In Re Sininger), 84 B.R. 115 (Bankr. S.D. Ohio 1988). “Further, the affidavit in the record made by Fulton’s attorney in support of the motion for temporary restraining order was plainly insufficient to meet the requirements of ORC 2716.11. 2 Having concluded that plaintiff has an equitable interest in the fund in the possession of…”
Wilson v. Dixon, 598 N.E.2d 158 (Ohio Ct. App. 1991). ““A garnishment of property is commenced when the judgment creditor files with the court, and serves upon both the debtor and the third party in possession, an oath in writing setting forth the name of the defendant and stating that affiant has ‘good reason to believe and does…”
Doss v. Thomas, 919 N.E.2d 219 (Ohio Ct. App. 2009). “) See also R.C. 2716.11(B) (requiring the judgment creditor to file an affidavit that “the affiant has a reasonable basis to believe that the person named in the affidavit as the garnishee may have property, other than personal earnings, of the judgment debtor”).”
Wilson v. Dixon, 598 N.E.2d 158 (Ohio Ct. App. 1991). ““A garnishment of property is commenced when the judgment creditor files with the court, and serves upon both the debtor and the third party in possession, an oath in writing setting forth the name of the defendant and stating that affiant has ‘good reason to believe and does…”
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