GarnishmentsWhen a judgment is made on a Civil or Small Claims case and the losing party does not pay, the winning party has the option of filing bank or earnings garnishment proceedings to collect the money they are awarded.
Earnings GarnishmentsFor earnings garnishments, you must first notify the person you will attempt to garnish (the garnishee) by sending a 15-Day Notice Form using certificate of mail or some other method that shows proof of mailing. Once the 15 days are complete, you can file a garnishment proceeding in the Clerk’s Office Civil Division. Bring a copy of the 15-Day Notice form you sent to the garnishee, along with proof of mailing. To file the garnishment, you will complete a five-part Order and Notice of Garnishment Form available in our office, along with additional garnishment forms. (You can view these in the Forms section of this web site.) There is a cost for filing an earnings garnishment in the Kettering Municipal Court. Once the Judge has approved the garnishment, the Clerk’s Office will contact the garnishee’s employer and begin the process of garnishing wages.
To begin bank garnishment proceedings, you can complete a five-part Order and Notice of Garnishment Form and file it in the Clerk’s Office Civil Division. There is a cost for filing a bank garnishment. Once the garnishment has been approved by the Judge, our staff will begin proceedings through the bank and the individual whose bank account you are attempting to garnish (the garnishee). Please be aware—there are certain Items in their bank account that you will not be able to access, including:
|•||Supplemental Security Income (SSI)|
|•||Social Security Benefits|
|•||Workers Compensation Benefits|
|•||Unemployment Compensation Benefits|
|•||Aid to Dependant Children (ADC)|
|•||Poor Relief or General Relief|
|•||Black Lung Benefits|
|•||Certain Pension Benefits|
|•||Wages under a certain amount or other benefits that apply in your case|
Once the garnishment process has started, you will need other forms during the course of your action. These are available in the Forms section of this web site or in the Clerk’s Office.
Hearings for the Garnishee
At any point in the process, the garnishee may request a hearing before the Magistrate concerning their garnishment. No facts about the original judgment are reviewed at these hearings; they are strictly designed to cover payment of the judgment. To request a hearing, the garnishee may complete either a Garnishment Hearing Request Form (Personal Earnings) or a Garnishment Hearing Request Form (Bank) and file it in the Clerk’s Office.