National Electrical Benefit Fund et al., v. Bright Street, LLC

Filing 7

ORDER AND NOTICE OF GARNISHMENT OF PROPERTY OTHER THAN PERSONAL EARNINGS AND ANSWER OF GARNISHEE. Signed by Magistrate Judge Michael J Newman on 06/04/14. (pb1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
NATIONAL ELECTRICAL BENEFIT
FUND, et al.,
Judgment Creditors,

Case No.: 3:14-mc-007

vs.
BRIGHT STREET, LLC,

Judge Thomas M. Rose
Magistrate Judge Michael J. Newman

Judgment Debtor.

ORDER AND NOTICE OF GARNISHMENT OF PROPERTY OTHER THAN
PERSONAL EARNINGS AND ANSWER OF GARNISHEE
SECTION A. COURT ORDER AND NOTICE OF GARNISHMENT
To: First Financial Bank, Garnishee
The Judgment Creditors in the above case have filed an affidavit, satisfactory to the
undersigned, in this Court stating that you may have money, property, or credits, other than
personal earnings, in your hands or under your control that belong to the judgment debtor, and
that some of the money, property, or credits may not be exempt from garnishment under the laws
of the State of Ohio or the laws of the United States.
You are therefore ordered to complete the “ANSWER OF GARNISHEE” in section (B)
of this form. Return one completed and signed copy of this form to the clerk of this court
together with the amount determined in accordance with the “ANSWER OF GARNISHEE” by
the following date on which a hearing is tentatively scheduled relative to this order of
garnishment: June 23, 2014 at 2:00 p.m. Deliver one completed and signed copy of this form to
the Judgment Debtor prior to that date. Keep the other completed and signed copy of this form
for your files.

The total probable amount now due on this judgment is $218,306.54 plus post-judgment
interest. The total probable amount now due includes the unpaid portion of the judgment in
favor of the Judgment Creditors National Electrical Benefit Fund and National Electrical
Annuity Fund.
You also are ordered to hold safely anything of value that belongs to the Judgment
Debtor and that has to be paid to the court, as determined under the “ANSWER OF
GARNISHEE” in section (B) of this form, but that is of such a nature that it cannot be so
delivered, until further order of the court.
IT IS SO ORDERED.
June 4, 2014

/s Michael J. Newman
United States Magistrate Judge

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
NATIONAL ELECTRICAL BENEFIT
FUND, et al.,
Judgment Creditors,

Case No.: 3:14-mc-007

vs.
BRIGHT STREET, LLC,

Judge Thomas M. Rose
Magistrate Judge Michael J. Newman

Judgment Debtor.

ANSWER OF GARNISHEE
SECTION B. ANSWER OF GARNISHEE
Now comes
who says:

the garnishee,

1. That the garnishee has money, property, or credits, other than personal earnings, of the
judgment debtor under the garnishee’s control and in the garnishee’s possession.
____
yes

____
no

____________________
if yes, amount over $400

2. That property is described as:

.
3. If the answer to line 1 is “yes” and the amount is less than the probable amount now due
on the judgment, as indicated in section (A) of this form, sign and return this form and
pay the amount of line 1 to the clerk of this court.
4. If the answer to line 1 is “yes” and the amount is greater than that probable amount now
due on the judgment, as indicated in section (A) of this form, sign and return this form
and pay that probable amount now due to the clerk of this court.

5. If the answer to line 1 is “yes” but the money, property, or credits are of such a nature
that they cannot be delivered to the clerk of the court, indicate that by placing an “X” in
this space:
. Do not dispose of that money, property, or credits or give them
to anyone else until further order of the court.
6. If the answer to line 1 is “no,” sign and return this form to the clerk of this court.

I certify that the statements above are true.

(Print Name of Garnishee)

(Print Name and Title of Person Who Completed Form)

Signed
(Signature of Person Completing Form)

Dated this

day of

2014.

To:

First Financial Bank
3210 Seajay Drive
Beavercreek, Ohio 45430
INSTRUCTIONS TO THE GARNISHEE

Attached is a writ of Garnishment requesting that you determine whether or not you have
in your possession, custody or control any of the property of the debtor listed herein, or any other
property of the debtor. You are required by law to serve a written answer to this Writ
within ten (10) days of your receipt of this Writ. You must file the original answer with the
Court issuing this Writ and serve a copy to Bright Street, LLC, Judgment Debtor, and to the
National Electrical Benefit Fund and National Electrical Annuity Plan’s counsel, Cook &
Logothetis, LLC. You are further required to hold and retain any property in which the debtor
has a substantial non-exempt interest until the Garnishment Order is signed by this Court and
you are instructed regarding payments. A list of exemptions which are not subject to the Writ of
Garnishment is attached to the Clerk’s Notice, entitled Claim for Exempted Form.
IF YOU FAIL TO ANSWER THIS WRIT OR WITHHOLD PROPERTY IN
ACCORDANCE WITH THE WRIT, THE COURT MAY MAKE YOU LIABLE FOR
THAT AMOUNT OF THE DEBTOR’S NON-EXEMPT PROPERTY WHICH YOU
FAILED TO WITHHOLD. ADDITIONALLY, YOU MAY BE HELD LIABLE FOR
REASONABLE ATTORNEY FEES TO THE NATIONAL ELECTRICAL BENEFIT
FUND IF THE NATIONAL ELECTRICAL BENEFIT FUND FILES A PETITION TO
THE COURT REQUESTING AN EXPLANATION FOR YOUR FAILURE TO COMPLY
WITH THIS WRIT.
If you have any questions, please call Cook & Logothetis, LLC, counsel for National
Electrical Benefit Fund and National Electrical Annuity Plan at: 513-287-6992.

IMPORTANT STATEMENT
This wage garnishment directs the withholdings of up to 25% of the judgment debtor’s
disposable income. In certain cases, however, federal law does not permit the withholding of
that much of the debtor’s disposable income. The judgment debtor is referred to the 15 United
States Code § 1671 et. Seq.
I.

Limitations on the amount that can be withheld:
A. If judgment debtor’s weekly disposable earnings are less than thirty (30) times the
current federal minimum wage, no deduction can be made under this wage
garnishment.
B. If deductions are being made from a judgment debtor’s gross income under any
orders for alimony, support maintenance for family members or former spouses,
and those deductions are less than 25% of the judgment debtor’s disposable
earning, deductions maybe made under the wage garnishment. However, the
amount arrived at by adding the deductions made under this execution to the
deduction made under any orders for alimony, support or maintenance for a
family members or former spouses cannot exceed 25% of the judgment debtor’s
disposable earnings.

NOTE: Nothing in this wage garnishment limits the proportion or amount which may be
deducted under any order for alimony, support or maintenance for family member or former
spouses.
II.

Explanation of Limitations – Definitions

Disposable Earnings: Disposable earnings are that part of an individual’s earnings left
after deduction those amounts that are required by law to be withheld, for example, taxes, social
security and unemployment insurance, but not deductions for union dues, insurance plans.
Gross Income: Gross income is salary, wages or other income including any and all
overtime earning, commissions and income trusts, before any deductions are made from such
income.