Ashland (OH) Municipal Court

1209 East Main Street, P.O. Box 385, Ashland, OH 44805

Phone: (419) 289-8137 • Fax: (419) 289-8545

 

Civil Division Hours
Monday - Friday
8:00AM - 4:30PM

Chief Deputy Civil Clerk
Paula Watson
(419) 281-4890, Ext. 1245
pwatson@ashlandmunicourt.com

Civil Collections (Processing)
Nicole Stitzlein
(419) 281-4890, Ext. 1261
nstitzlein@ashlandmunicourt.com

Kim Gorman
(419) 281-4890, Ext. 1251
kgorman@ashlandmunicourt.com

Fax: (419) 289-8545

Collecting on a Civil/Small Claims Judgment

DISCLAIMER: The following is for informational purposes only. It is not intended to give legal advice, nor is it intended to be an exhaustive list of all legal and procedural matters and requirements for collecting on a judgment entered in the Civil and Small Claims Division of the Ashland Municipal Court. Court employees cannot give you legal advice. If you have any legal questions about collecting on a civil or small claims judgment, then you should contact an attorney.

If you need help finding legal assistance or legal information, please contact the following organizations:

  • Ashland County Bar Association (external link): The Ashland County Bar Association's website lists all attorneys that are currently members of the Ashland County Bar Association, including office contact information and areas of practice.

  • Legal Aid of Western Ohio, Inc. (external link), (888) 534-1432: Legal Aid of Western Ohio, Inc. (LAWO) provides legal assistance in civil matters (i.e., matters involving housing; rights of spouses, parents, and children; healthcare and wills; Social Security and public benefits; bankruptcy and fair debt collection; and wages and benefits) to eligible low-income individuals and groups in Ashland County, Ohio.

  • Ashland County Law Library (external link), (419) 282-4219: The Ashland County Law Library provides legal reference services and information to the general public.


How to Get Your Money

You must take action to collect any money owed to you on your judgment; the Ashland Municipal Court will not get your money for you. However, if you take the steps set forth in the paragraphs below, including the payment of any relevant court costs, the Court will help you enforce your judgment so that you can attempt to collect money from "judgment debtor" (i.e., the person or entity that owes you money on the judgment; you, the person that is owed money, are referred to as the "judgment creditor"). Please note that if the judgment debtor does not have enough income or property to pay you, it may be difficult to collect the money owed to you on your judgment. Without taking any action, your judgment will remain active, and you may make attempts to collect money owed on it, for a period of five (5) years. After this time period, you have the option of "reviving" your judgment and attempting to collect upon it within an additional five (5) years.

You can collect your money (including the judgment balance, filing fees and court costs, and interest, if any) in any of the following ways:

Voluntary Payment. This is the most straightforward way to collect on a judgment. After receiving your judgment in the mail, you should attempt to make arrangements with the judgment debtor to pay the judgment. Consider writing a brief letter to the judgment debtor requesting payment. In your letter, you should mention the amount owed on the judgment (including filing fees, court costs, and interest, if any), a reasonable date by which you expect to receive a response to your letter, and any suggestions that you may have to settle the judgment (such as an installment payment plan or payment in property or services). If you do not receive a positive response from the judgment debtor, or if the judgment debtor initially agrees to pay you but fails to do so, then you may proceed with any of the collection options below.

Wage Garnishment. If the judgment debtor does not pay you voluntarily and if you know where the judgment debtor works, then you may attempt to garnish the judgment debtor's wages from his or her employer. The judgment debtor's employer is also referred to as the "garnishee"; you, the person filing the garnishment against the judgment debtor, are refered to as the "garnishor."

The multi-step procedure for filing a wage garnishment in the Civil and Small Claims Division of the Ashland Municipal Court is as follows (please note that you will need to follow this procedure separately for each judgment debtor):

Mail to the judgment debtor Notice of Court Proceeding to Collect Debt and Payment to Avoid Garnishment forms. Prior to filing any wage garnishment paperwork with the Court, you must first fill out and serve "Notice of Court Proceeding to Collect Debt" and "Payment to Avoid Garnishment" forms on the judgment debtor. The Notice of Court Proceeding to Collect Debt form contains the judgment debtor's name, the judgment debtor's last known address, the date upon which you mailed the Notice to the judgment debtor, your (judgment creditor) name, and the date that your judgment was filed or certified by the Court. The Payment to Avoid Garnishment form contains the judgment debtor's name and last known address. You must leave the remainder of this Payment to Avoid Garnishment form blank. These forms provide the judgment debtor with several advantageous payment alternatives that may help him or her avoid the wage garnishment, including the calculation of a suitable payment by following the formula on the Payment to Avoid Garnishment form each pay period. These forms must be in writing (an oral notice, or a notice delivered by text message or through Facebook, is insufficient), they must be completed and served in accordance with Ohio Revised Code Section 2716.02, you must send a copy of these forms to the judgment debtor by certified mail or certificate of mailing at the judgment debtor's last known address, and you must retain a copy of these forms for potential filing with the Court.

After mailing the Notice of Court Proceeding to Collect Debt and Payment to Avoid Garnishment forms to the judgment debtor, you must wait at least 15 days but no more than 45 days before proceeding with filing your garnishment with the Court. This time period is to allow the judgment debtor ample time to make arrangements to avoid the garnishment.

Complete and file your garnishment paperwork with the Court. Once you have waited the required amount of time, then you can complete and file the following documents:

  • A copy of the Notice of Court Proceeding to Collect Debt and Payment to Avoid Garnishment forms that you sent by certified mail or certificate of mailing to the judgment debtor's last known address.

  • A certified mail signature confirmation receipt or certificate of mailing from the post office evidencing the mailing/delivery of the Notice of Court Proceeding to Collect Debt and Payment to Avoid Garnishment forms to the judgment debtor.

  • One (1) notarized, signed original copy of the "Affidavit, Order & Notice of Garnishment & Answer of Garnishee (Wage Garnishment)" form (the original document will be retained by the Court; after the Order is signed by the judge, three (3) copies of the Affidavit, Order & Notice of Garnishment & Answer of Garnishee form will be sent by certified mail to the judgment debtor's employer). Please note that this form contains several pages. In the "Affidavit" portion of this form (page 1), you will affirm: (a) that you obtained or certified a judgment in the Ashland Municipal Court against the judgment debtor, and the date of entry/certification of the judgment; (b) the total amount due on the judgment (calculated as the judgment amount + interest + court costs, including cost of filing the wage garnishment - amount received from judgment debtor, if any); (c) the name and address of the judgment debtor's employer (garnishee); (d) that you delivered the Notice of Court Proceeding to Collect Debt form to the judgment debtor at his or her last known address; and (e) that you have no knowledge of the appointment of a trustee or the creation of a debt scheduling agreement. You must have the affidavit notarized (a notary must witness your signature) prior to filing your wage garnishment at the Court. Do not sign your affidavit without having your signature witnessed by a notary.

    In "Section A. Order & Notice of Garnishment" of this form (page 2), you must provide the name and address of the judgment debtor's employer, as well as the total probable amount due on the judgment, including the unpaid portion of the judgment, interest, and court costs. This information can be copied over from the Affidavit portion of the form. Do not date or sign this form; it will be dated and signed by the judge.

    In "Section B. Answer of Employer (Garnishee)" of this form (page 3), you must provide the name and address of the judgment debtor's employer (garnishee). You must leave the remainder of this form blank. The remainder of the form must be completed and returned to the Court by the judgment debtor's employer (garnishee).

  • Three (3) copies of the "Notice to the Judgment Debtor (Wage Garnishment)" form (one copy will be retained by the Court; the remaining copies will be sent by certified mail to the judgment debtor's employer). You must provide your (judgment creditor) name, the judgment debtor's name, the case number, and the date of entry/certification of the judgment. Do not date or sign this form; it will be dated and signed by Court staff.

  • Three (3) copies of the "Request for Hearing (Wage Garnishment)" form (one copy will be retained by the Court; the remaining copies will be sent by certified mail to the judgment debtor's employer). You must provide your (judgment creditor) name, the judgment debtor's name, and the case number. You must leave the remainder of this form blank. If the judgment debtor requests a hearing, then he or she must complete and return to the Court the remainder of this form.

  • Two (2) copies of the "Interim Report and Answer of Garnishee" form (one copy will be retained by the Court; the remaining copy will be sent by certified mail to the judgment debtor's employer). You must provide your (judgment creditor) name and address, the judgment debtor's name and address, the case number, and the name and address of the judgment debtor's employer (garnishee). You must leave the remainder of this form blank. The remainder of the form must be completed and returned to the Court by the judgment debtor's employer (garnishee).

  • Two (2) copies of the "Final Report and Answer of Garnishee" form (one copy will be retained by the Court; the remaining copy will be sent by certified mail to the judgment debtor's employer). You must provide your (judgment creditor) name and address, the judgment debtor's name and address, the case number, and the name and address of the judgment debtor's employer (garnishee). You must leave the remainder of this form blank. The remainder of the form must be completed and returned to the Court by the judgment debtor's employer (garnishee).

  • One (1) copy of "The Employer's Guide to Processing Continuous Orders of Garnishment" form (the lone copy will be sent by certified mail to the judgment debtor's employer). You are not required to provide any information on this document.

Please fill out the above forms completely as instructed. If your forms are handwritten, then please write legibly in blue or black ink. If you fail to fill out the forms completely, if you write illegibly, or if you fail to provide the correct number of copies of each form, then your forms will be rejected by the Court and your wage garnishment will not be filed. You may obtain copies of all of the forms mentioned above from the Civil and Small Claims Division of the Ashland Municipal Court, or you may download copies from the Resources page on the Court's website.

There is a $100.00 fee to file a wage garnishment. This filing fee is due at the time that you file your wage garnishment with the Court. If you intend to mail your wage garnishment to the Court, then you must include a check or money order (made payable to the "Ashland Municipal Court") for the correct filing fee along with all other necessary documents. If you intend to file your documents in person at the Court, then you may pay the appropriate filing fee by cash, check, or money order. Please note that the Civil and Small Claims Division of the Ashland Municipal Court does not accept credit card payments for filing fees. If you fail to provide the appropriate filing fee for your wage garnishment, then it will be rejected by the Court and it will not be filed with the Court.

Once the Court has received your wage garnishment documents and the appropriate filing fee, a court clerk will timestamp and file your documents, process your filing fee, and mail the wage garnishment documents to the judgment debtor's employer (garnishee) by certified mail. Upon receiving the wage garnishment paperwork from the Court, the garnishee must respond to it by either:

  • Filing the "Section B. Answer of Employer (Garnishee)" form, or a similar form, with the Court. This form will indicate whether the judgment debtor is still employed by the garnishee, and, if the judgment debtor is still employed at the garnishee, whether the garnishee is processing any other garnishments or liens filed against the judgment debtor.

  • Filing the "Interim Report and Answer of the Garnishee" and/or a garnishment check with the Court.

The Court will notify you once the Court receives a response from the judgment debtor's employer and/or if the judgment debtor requests a hearing on the wage garnishment. Due to differing pay period/payroll methods and the large number of wage garnishments processed by the Court, please be aware that several weeks may pass before the Court receives any documentation from or any garnishment checks from the judgment debtor's employer; in turn, it may be several weeks before you receive any notification or any checks from the Court. Additionally, please note that it is ultimately YOUR RESPONSIBILITY to track the amount of payments that you receive and any remaining balances (including interest and court costs) owed to you on your judgment. You are required to provide annual updates of the balance due on the judgment by completing and delivering the following documents to the judgment debtor, and then subsequently filing the documents and evidence of their delivery with the Court:

  • One (1) notarized, signed original copy, plus one (1) additional copy, of the "Affidavit of Current Balance Due" form (you should file the original copy with the Court; you must deliver the remaining copy to the judgment debtor). On this form, you must provide your name and address, the judgment debtor's name and address, the case number, and the service method (i.e., personal/resdience service, certified U.S. mail delivery (return receipt requested), or ordinary U.S. mail (certificate of mailing) delivery) that you used to deliver the affidavit form (and all accompanying forms) to the judgment debtor. On the affidavit, you will also affirm: (a) that you obtained or certified a judgment in the Ashland Municipal Court against the judgment debtor, and the date of entry/certification of the judgment; and (b) the total amount due on the judgment (calculated as the judgment amount + interest + court costs - amount received from judgment debtor, if any). You must have the affidavit notarized (a notary must witness your signature) prior to filing it with the Court. Do not sign your affidavit without having your signature witnessed by a notary. Only the topmost signature needs to be witnessed by a notary; the signature below the "Certificate of Service" does not need to be witnessed by a notary.

  • Three (3) copies of the "Notice to the Judgment Debtor (Affidavit of Current Balance Due)" form (you should file one copy with the Court; you must deliver the remaining copies to the judgment debtor). You must provide your (judgment creditor) name, address, and telephone number, the judgment debtor's name, and the case number. You must also date and sign this form prior to mailing it to the judgment debtor.

  • Three (3) copies of the "Request for Hearing (Affidavit of Current Balance Due)" form (you should file one copy with the Court; you must deliver the remaining copies to the judgment debtor). You must provide your (judgment creditor) name, the judgment debtor's name, and the case number. You must leave the remainder of this form blank. If the judgment debtor requests a hearing on the amount of the current balance due, then he or she must complete and return to the Court the remainder of this form.

  • If you mailed the above documents to the judgment debtor, you will also need to file a copy of the certified mail signature confirmation receipt or certificate of mailing from the post office evidencing the mailing/delivery of the Affidavit of Current Balance Due, Request for Hearing, and Notice to the Judgment Debtor forms to the judgment debtor.

Please fill out the above forms completely as instructed. If your forms are handwritten, then please write legibly in blue or black ink. If you fail to fill out the forms completely, if you write illegibly, or if you fail to provide the correct number of copies of each form, then your forms will be rejected by the Court and your Affidavit of Current Balance Due, Notice to the Judgment Debtor, and Request for Hearing forms will not be filed. You may obtain copies of all of the forms mentioned above from the Civil and Small Claims Division of the Ashland Municipal Court, or you may download copies from the Resources page on the Court's website.

There is no fee to file the Affidavit of Current Balance Due and accompanying documents with the Court.

Bank Attachment (a.k.a. an "Other Than Wage (OTW)" Garnishment). If the judgment debtor does not pay you voluntarily and if you know the bank where the judgment debtor maintains a savings or checking account, then you may attempt to attach these funds to satisfy your judgment. The judgment debtor's bank is also referred to as the "garnishee"; you, the person filing the bank attachment against the judgment debtor, are refered to as the "garnishor."

The procedure for filing a bank attachment in the Civil and Small Claims Division of the Ashland Municipal Court is as follows (please note that you will need to follow this procedure separately for each judgment debtor and for each garnishee):

Complete and file your bank attachment paperwork with the Court. Unlike the procedure for garnishing wages, the procedure for a bank attachment is a little more straightforward. Once you are ready to proceed with your bank attachment, you should complete and file the following documents with the Court:

  • One (1) notarized, signed original copy of the "Affidavit, Order & Notice of Garnishment & Answer of Garnishee (Bank Attachment)" form (the original document will be retained by the Court; after the Order is signed by the judge, three (3) copies of the Affidavit, Order & Notice of Garnishment & Answer of Garnishee form will be sent by certified mail to the judgment debtor's bank). Please note that this form contains several pages. In the "Affidavit" portion of this form (page 1), you will affirm: (a) that you obtained or certified a judgment in the Ashland Municipal Court against the judgment debtor, and the date of entry/certification of the judgment; (b) the total amount due on the judgment (calculated as the judgment amount + interest + court costs, including cost of filing the bank attachment - amount received from judgment debtor, if any); (c) the name and address of the judgment debtor's bank (garnishee); and (d) a description of the property to be garnished. You must have the affidavit notarized (a notary must witness your signature) prior to filing your bank attachment at the Court. Do not sign your affidavit without having your signature witnessed by a notary.

    In "Section A. Order & Notice of Garnishment" of this form (top of page 2), you must provide the name and address of the judgment debtor's bank, as well as the total probable amount due on the judgment, including the unpaid portion of the judgment, interest, and court costs. This information can be copied over from the Affidavit portion of the form. Do not provide a hearing date; a date will be provided by the Court. Additionally, do not date or sign this form; it will be dated and signed by the judge.

    In "Section B. Answer of Garnishee" of this form (bottom of page 2), you must provide the name and address of the judgment debtor's bank (garnishee). You must leave the remainder of this form blank. The remainder of the form must be completed and returned to the Court by the judgment debtor's bank (garnishee).

  • Three (3) copies of the "Notice to the Judgment Debtor (Bank Attachment)" form (one copy will be retained by the Court; the remaining copies will be sent by ordinary mail (certificate of mailing) to the judgment debtor). You must provide your (judgment creditor) name, the judgment debtor's name, the case number, the name and address of the judgment debtor's bank (garnishee), and the date of entry/certification of the judgment. Do not provide a hearing date; a date will be provided by the Court. Do not date or sign this form; it will be dated and signed by Court staff.

  • Three (3) copies of the "Request for Hearing (Bank Attachment)" form (one copy will be retained by the Court; the remaining copies will be sent by ordinary mail (certificate of mailing) to the judgment debtor). You must provide your (judgment creditor) name, the judgment debtor's name, and the case number. You must leave the remainder of this form blank. If the judgment debtor requests a hearing, then he or she must complete and return to the Court the remainder of this form.

Please fill out the above forms completely as instructed. If your forms are handwritten, then please write legibly in blue or black ink. If you fail to fill out the forms completely, if you write illegibly, or if you fail to provide the correct number of copies of each form, then your forms will be rejected by the Court and your bank attachment will not be filed. You may obtain copies of all of the forms mentioned above from the Civil and Small Claims Division of the Ashland Municipal Court, or you may download copies from the Resources page on the Court's website.

There is a $100.00 fee to file a bank attachment; additionally, you must include a check for $1.00 made out to the judgment debtor's bank. The filing fee and additional check are due at the time that you file your bank attachment with the Court. If you intend to mail your bank attachment to the Court, then you must include the following: (1) a check or money order (made payable to the "Ashland Municipal Court") for the correct filing fee; (2) a check or money order (made payable to the judgment debtor's bank) for $1.00; and (3) all necessary documents. If you intend to file your documents in person at the Court, then you may pay the appropriate filing fee by cash, check, or money order. Please note that the Civil and Small Claims Division of the Ashland Municipal Court does not accept credit card payments for filing fees, and the Court cannot provide you with a $1.00 check for the judgment debtor's bank. If you fail to provide the appropriate filing fee or the $1.00 check for the judgment debtor's bank, then your bank attachment will be rejected by the Court and it will not be filed with the Court.

Once the Court has received your bank attachment documents, the appropriate filing fee, and the $1.00 check to the judgment debtor's bank, a court clerk will timestamp and file your documents, process your filing fee, mail the Affidavit, Order, and Notice of Garnishment and Answer of Garnishee form to the judgment debtor's bank by certified mail, and mail the Notice to Judgment Debtor and Request for Hearing forms to the judgment debtor by ordinary mail (certificate of mailing). The Court will notify you once the Court receives a response from the judgment debtor's bank and/or if the judgment debtor requests a hearing on the bank attachment. Please note that it is ultimately YOUR RESPONSIBILITY to track the amount of payments that you receive and any remaining balances (including interest and court costs) owed to you on your judgment.

Certificate of Judgment (Judgment Lien). If the judgment debtor does not pay you voluntarily and if you know where the judgment debtor owns real property (i.e., land), then you may file a judgment lien against the property. If the judgment debtor's property is subsequently sold, refinanced, or foreclosed upon, then you may be able to collect on your judgment.

To request a certificate of judgment from the Civil and Small Claims Division of the Ashland Municipal Court for filing in any Ohio county (including Ashland County), you must complete and file with the Court a signed, original copy of the Precipe for Certificate of Judgment form (please note that you will need to follow this procedure separately for each Ohio county in which you intend to file a judgment lien). On this form, you must provide your (judgment creditor) name, the judgment debtor's name, the case number, the date that you obtained or certified a judgment in the Ashland Municipal Court against the judgment debtor, the amount of the judgment, and the post-judgment interest rate.

Please fill out the "Precipe for Certificate of Judgment" form completely as instructed. If your form is handwritten, then please write legibly in blue or black ink. If you fail to fill out the form completely or if you write illegibly, then your form will be rejected by the Court, the Precipe for Certificate of Judgment will not be filed, and a Certificate of Judgment will not be issued. You may obtain a copy of the "Precipe for Certificate of Judgment" form from the Civil and Small Claims Division of the Ashland Municipal Court, or you may download a copy from the Resources page on the Court's website.

There is a $20.00 fee to request a Certificate of Judgment. This filing fee is due at the time that you file your "Precipe for Certificate of Judgment" form with the Court. If you intend to mail your Precipe to the Court, then you must include a check or money order (made payable to the "Ashland Municipal Court") for the correct filing fee along with the Precipe. If you intend to file your Precipe in person at the Court, then you may pay the appropriate filing fee by cash, check, or money order. Please note that the Civil and Small Claims Division of the Ashland Municipal Court does not accept credit card payments for filing fees. If you fail to provide the appropriate filing fee, then your Precipe will be rejected by the Court, it will not be filed, and a Certificate of Judgment will not be issued.

Once the Court has received your "Precipe for Certificate of Judgment" and the appropriate filing fee, a court clerk will timestamp and file your Precipe, process your filing fee, and mail a Certificate of Judgment to you. Please note that it is YOUR RESPONSIBILITY to file this Certificate of Judgment with the Clerk of the Common Pleas Court and/or the Recorder's Office in the Ohio county where the judgment debtor owns land; the Ashland Municipal Court cannot assist you in filing documents with another court or government office. Please note that you may incur additional filing fees, beyond those paid to the Ashland Municipal Court at time time that you filed your Precipe, when you file the Certificate of Judgment with a county's Common Pleas Court and/or the Recorder's Office.

Once you have properly filed the Certificate of Judgment in a Common Pleas Court and the Recorder's Office, you should mail a letter to the judgment debtor. The style and form of this letter is entirely up to you; however, your letter should provide the name, address, and telephone number of the Court ("Ashland (OH) Municipal Court, 1209 East Main Street, Ashland, Ohio, 44805, (419) 281-4890"), the case number, the names and addresses of the parties involved in the case, the date judgment was entered or certified by the Ashland Municipal Court, the amount of the judgment, the name of the Ohio county in which the Certificate of Judgment was filed, and any other identifying information potentially provided by the Common Pleas Court and/or the Recorder's Office (e.g., case number, file number, etc.). Additionally, the letter should state that a judgment lien has been filed against the judgment debtor's property, and that the judgment lien will not be removed until the judgment debtor pays the entire judgment amount to you.

The judgment lien will remain in effect for five (5) years. If the judgment remains unpaid, you may renew it; you can renew the judgment lien every five (5) years.

Certificate of Judgment to BMV (Driver's License Suspension). If the judgment debtor does not pay you voluntarily and both of the following apply: (1) it has been at least thirty (30) days since the judgment was entered in your favor and against the judgment debtor; and (2) the judgment involved the judgment debtor's negligent operation of a motor vehicle, then you may request the suspension of the judgment debtor's driver's license.

To request a certificate of judgment from the Civil and Small Claims Division of the Ashland Municipal Court for filing with the Ohio Bureau of Motor Vehicles (BMV), you must complete and file with the Court a signed, original copy of the Precipe for Certificate of Judgment to BMV form (please note that you will need to follow this procedure separately for each judgment debtor). On this form, you must provide your (judgment creditor) name, the judgment debtor's name, the case number, the date that you obtained or certified a judgment in the Ashland Municipal Court against the judgment debtor, the date of the automobile crash or traffic incident, and at least two (2) of the following:

  • The judgment debtor's driver's license number;

  • The judgment debtor's social security number; or

  • The judgment debtor's date of birth.

The judgment debtor's driver's license number, social security number, and date of birth should all be listed on the police report filed at the time of the crash or traffic incident. Please note that, if you do not have a copy of the police report, it is YOUR RESPONSIBILITY to contact the law enforcement agency that responded to the crash or traffic incident in order to obtain a copy of the report; the Court cannot assist you in obtaining a copy.

Please fill out the "Precipe for Certificate of Judgment to BMV" form completely as instructed. If your form is handwritten, then please write legibly in blue or black ink. If you fail to fill out the form completely or if you write illegibly, then your form will be rejected by the Court, the Precipe for Certificate of Judgment to BMV will not be filed, and a Certificate of Judgment will not be issued. You may obtain a copy of the "Precipe for Certificate of Judgment to BMV" form from the Civil and Small Claims Division of the Ashland Municipal Court, or you may download a copy from the Resources page on the Court's website.

There is a $20.00 fee to request a Certificate of Judgment. This filing fee is due at the time that you file your "Precipe for Certificate of Judgment to BMV" form with the Court. If you intend to mail your Precipe to the Court, then you must include a check or money order (made payable to the "Ashland Municipal Court") for the correct filing fee along with the Precipe. If you intend to file your Precipe in person at the Court, then you may pay the appropriate filing fee by cash, check, or money order. Please note that the Civil and Small Claims Division of the Ashland Municipal Court does not accept credit card payments for filing fees. If you fail to provide the appropriate filing fee, then your Precipe will be rejected by the Court, it will not be filed, and a Certificate of Judgment will not be issued.

Once the Court has received your "Precipe for Certificate of Judgment to BMV" and the appropriate filing fee, a court clerk will timestamp and file your Precipe, process your filing fee, and mail a Certificate of Judgment to you. Please note that it is YOUR RESPONSIBILITY to file this Certificate of Judgment with the Ohio Bureau of Motor Vehicles (BMV); the Ashland Municipal Court cannot assist you in filing documents with another government office. Please note that you may incur additional filing fees, beyond those paid to the Ashland Municipal Court at time time that you filed your Precipe, when you file the Certificate of Judgment with the BMV.

Once you have properly filed the Certificate of Judgment with the BMV, the judgment debtor's driver's license will be suspended until the judgment debtor pays the judgment in full or you and the judgment debtor come to an agreement as to payment. For additional information, please contact the Ohio Bureau of Motor Vehicles (BMV).

Execution Against Property. If the judgment debtor does not pay you voluntarily and the judgment debtor is a business, then you may be able to collect cash drawer funds from the business or to inventory and sell the business's property to satisfy your judgment. Unfortunately, due to the complicated nature of execution proceedings, the Court does not currently have forms available for the execution process. If you would like file an execution on property, then you must consult with an attorney.

What to Do If the Garnishee Fails to Properly Respond

If the garnishee fails to properly respond to the garnishment paperwork, then you may request a "show cause" hearing, where the garnishee will be required to provide an explanation to the Court for the garnishee's failure to abide by the Court order. Unfortunately, the Court does not currently have forms available for the show cause process. If you would like to request a show cause hearing, then you must consult with an attorney.

How to Get Information About the Judgment Debtor

You must take action to find where the judgment debtor lives, works, banks, and owns property; the Ashland Municipal Court will not conduct a "background check" or otherwise find this information for you. You may be able to discover this information through your own due diligence: ask your family and friends if they know the judgment debtor; search for information about the judgment debtor on Facebook, Twitter, and Google; and/or, if you have previously received a payment from the judgment debtor (such as a check for rent), look through your records or contact your bank for receipts or copies of checks that may contain the judgment debtor's bank or financial information. When collecting information about the judgment debtor, DO NOT ILLEGALLY HARASS OR INTIMIDATE THE JUDGMENT DEBTOR OR OTHERWISE RESORT TO ILLEGAL MEANS TO OBTAIN THE JUDGMENT DEBTOR'S INFORMATION. If your research does not reveal any information, then you can take the steps set forth in the paragraphs below, including the payment of any relevant court costs, for the Court to require the judgment debtor to provide financial information to you, either through an oral judgment debtor examination or through a written judgment debtor disclosure form.

Oral Judgment Debtor Examination. At an oral judgment debtor examination, you will have the opportunity to ask the judgment debtor questions about his or her income, property, earnings, and his or her general ability to pay the judgment. Your questions must be answered by the judgment debtor under oath in open court.

To request an oral judgment debtor examination, you should complete and file the following documents with the Court (please note that you will need to follow this procedure separately for each judgment debtor):

  • One (1) signed (including notarized affidavit), original copy, plus two (2) copies, of the "Motion and Affidavit for Examination of Judgment Debtor" form (the original document will be retained by the Court; one copy will be time-stamped and returned to you; one copy will be sent to the judgment debtor). Please note that this form contains several pages. In the "Motion" portion of this form (page 1), you must provide your (judgment creditor) name, the judgment debtor's name, the case number, the name and address of the judgment debtor, and the method of service. You must also date and sign this form. In the "Affidavit" portion of this form (page 2), you will affirm: (a) that you obtained or certified a judgment in the Ashland Municipal Court against the judgment debtor, and the date of entry/certification of the judgment; and (b) the total amount due on the judgment (calculated as the judgment amount + interest + court costs, including cost of filing the bank attachment - amount received from judgment debtor, if any). You must have the affidavit notarized (a notary must witness your signature) prior to filing your documents at the Court. Do not sign your affidavit without having your signature witnessed by a notary.

  • One (1) copy of the "Order for Examination of Judgment Debtor" form (after being signed by the judge, the original copy will be retained by the Court; one copy will be returned to you; one copy will be sent to the judgment debtor). You must provide your (judgment creditor) name, the judgment debtor's name (3x), the case number, the date of entry/certification of the judgment, the judgment amount, and the interest rate. Do not provide a hearing date; a date will be provided by the Court. Do not date or sign this form; it will be dated and signed by the judge.

Please fill out the above forms completely as instructed. If your forms are handwritten, then please write legibly in blue or black ink. If you fail to fill out the forms completely or if you write illegibly, then your forms will be rejected by the Court, the forms will not be filed, and a judgment debtor examination will not be held. You may obtain a copy of the "Motion and Affidavit for Examination of Judgment Debtor" and "Order for Examination of Judgment Debtor" forms from the Civil and Small Claims Division of the Ashland Municipal Court, or you may download a copy from the Resources page on the Court's website.

There is a $50.00 fee to request a judgment debtor examination. This filing fee is due at the time that you file your judgment debtor examination forms with the Court. If you intend to mail your judgment debtor examination forms to the Court, then you must include a check or money order (made payable to the "Ashland Municipal Court") for the correct filing fee along with the judgment debtor examination forms. If you intend to file your judgment debtor examination forms in person at the Court, then you may pay the appropriate filing fee by cash, check, or money order. Please note that the Civil and Small Claims Division of the Ashland Municipal Court does not accept credit card payments for filing fees. If you fail to provide the appropriate filing fee, then your judgment debtor examination forms will be rejected by the Court, they will not be filed, and a judgment debtor examination will not be scheduled.

Once the Court has received your judgment debtor documents and the appropriate filing fee, a court clerk will timestamp and file your documents, process your filing fee, send or issue the forms to the judgment debtor in accordance with your request, and mail a copy to you. The documents that you receive from the Court will contain the date and time for the judgment debtor examination. Please note that you will be the one that questions the judgment debtor; the Court does not do this on your behalf, so you must appear at the judgment debtor examination.

At the judgment debtor examination, you may ask the judgment debtor any questions relevant to collecting on your judgment. Common question areas include:

  • Personal information. The judgment debtor's full legal name, address, telephone number, social security number, and date of birth.

  • Employment status and income. Whether the judgment debtor is employed. If the judgment debtor is employed, the name, address, and telephone number of the judgment debtor's current (or last) employer; rate of pay; pay schedule; and whether the judgment debtor's wages are or have been previously garnished. If the judgment debtor is not employed, the name, address, and telephone of the judgment debtor's last employer; the reason for leaving the employer; and any current sources of income.

  • Business interests. Whether the judgment debtor owns any interests in a sole proprietorship, partnership, limited liability company (LLC), S corporation, or corporation; the name, address, and telephone number of the business; the type of business; the judgment debtor's interest in the business; whether any inventory is maintained at the business; a description of any inventory; and whether any cash is kept at the business.

  • Deposit accounts. Whether the judgment debtor has money in a checking account, savings account, credit union account, or a money market account. If the judgment debtor has such accounts, then the name, address, and telephone number of the financial institution where the account is located; the account number; and the current balance in the account.

  • Stocks and bonds. Whether the judgment debtor owns any stock, stock options, bonds, or certificates of deposit.

  • Real property. Whether the judgment debtor owns a home or any other land. If the judgment debtor owns real property, then the address of the real property; whether there is a mortgage on the real property; whether there is an outstanding balance due on the mortgage; and whether there are any liens against the real property.

  • Vehicles. Whether the judgment debtor owns a car or any other vehicles. If the judgment debtor owns a vehicle, then the year, make, and model of the vehicle; the license plate (or registration, as the case may be) number for the vehicle; whether there is a loan on the vehicle; whether there is an outstanding balance on any loan on the vehicle.

  • Creditor status. Whether the judgment debtor is owed payment on a loan, bill, invoice, or judgment.

  • Debtor status. Whether the judgment debtor owes payments on a loan (including credit cards), bill, invoice, or judgment.

Written Judgment Debtor Disclosure Form (SMALL CLAIMS ONLY). The written judgment debtor disclosure form is an alternative to the oral judgment debtor examination, where the judgment debtor must respond, in writing, to questions about his or her income, assets, and debts on a form provided to the judgment debtor by the Court. There is typically no court appearance required for a written judgment debtor disclosure form. Please note that a judgment debtor disclosure form is an option only in small claims cases; it may not be used in forcible entry and detainer (eviction) or other civil cases.

To request that a written judgment debtor dislcosure form be sent to the judgment debtor, you should complete and file the following documents with the Court (please note that you will need to follow this procedure separately for each judgment debtor):

  • One (1) signed, original copy, plus two (2) copies, of the "Motion for Judgment Debtor Disclosure Form" form (the original document will be retained by the Court; one copy will be time-stamped and returned to you; one copy will be sent to the judgment debtor). You must provide your (judgment creditor) name and address, the judgment debtor's name (2x) and address, the case number, and the method of service. You must also date and sign this form.

  • One (1) copy of the "Order for Judgment Debtor Disclosure Form" form (after being signed by the judge, the original copy will be retained by the Court; one copy will be returned to you; one copy will be sent to the judgment debtor). You must provide your (judgment creditor) name, the judgment debtor's name (2x), and the case number. Do not date or sign this form; it will be dated and signed by the judge.

  • Two (2) copies of the "Judgment Debtor Disclosure Form" form (one copy will be retained by the Court and one copy will be sent to the judgment debtor). You must provide your (judgment creditor) name, the judgment debtor's name (2x), the case number, the judgment date, and the unpaid balance on the judgment. You must leave the remainder of this form blank. The remainder of the form must be completed and returned to the Court by the judgment debtor.

Please fill out the above forms completely as instructed. If your forms are handwritten, then please write legibly in blue or black ink. If you fail to fill out the forms completely or if you write illegibly, then your forms will be rejected by the Court, the forms will not be filed, and a judgment debtor disclosure form will not be delivered to the judgment debtor. You may obtain a copy of the "Motion for Judgment Debtor Disclosure Form" and "Order for Judgment Debtor Disclosure Form" forms from the Civil and Small Claims Division of the Ashland Municipal Court, or you may download a copy from the Resources page on the Court's website.

There is a $25.00 fee to request that a judgment debtor disclosure form be sent to the judgment debtor. This filing fee is due at the time that you file your judgment debtor disclosure form documents with the Court. If you intend to mail your judgment debtor disclosure form documents to the Court, then you must include a check or money order (made payable to the "Ashland Municipal Court") for the correct filing fee along with the judgment debtor disclosure form documents. If you intend to file your judgment debtor disclosure form documents in person at the Court, then you may pay the appropriate filing fee by cash, check, or money order. Please note that the Civil and Small Claims Division of the Ashland Municipal Court does not accept credit card payments for filing fees. If you fail to provide the appropriate filing fee, then your judgment debtor disclosure form documents will be rejected by the Court, they will not be filed, and a judgment debtor dislcosure form will not be delivered to the judgment debtor.

Once the Court has received your judgment debtor disclosure form documents and the appropriate filing fee, a court clerk will timestamp and file your documents, process your filing fee, send or issue the forms to the judgment debtor in accordance with your request, and mail a copy to you. The judgment debtor will have seven (7) days from the date that the judgment debtor receives the documents in order to complete and file the judgment debtor disclosure form with the Court. If the Court receives a judgment debtor disclosure form from the judgment debtor, then the Court will provide you with a copy of the judgment debtor disclosure form and you may use the information contained on the form to attempt to collect on your judgment (e.g., file a wage garnishment, etc.).

What to Do If the Judgment Debtor Fails to Appear or to Properly Respond

If the judgment debtor fails to appear at the Court for the judgment debtor examination or if the judgment debtor fails to complete and file a judgment debtor disclosure form with the Court, then you may request a "show cause" hearing, where the judgment debtor will be required to provide an explanation to the Court for the judgment debtor's failure to abide by the Court order. Failure to appear at the show cause hearing can potentially result in the issuance of a bench warrant. Unfortunately, the Court does not currently have forms available for the show cause/bench warrant process. If you would like to request a show cause hearing or the issuance of a bench warrant, then you must consult with an attorney.

What to Do Once You Have Received Payment in Full

Once you have collected all of the money that is owed to you on the judgment (plus interest and court costs, if applicable), then you should notify the Court that the judgment has been paid in full (i.e., the judgment has been "satisfied") by filing a "Notice of Satisfaction" form with the Court. (Please note that, if you receive payment in full after filing your complaint but before receiving a judgment, then you would dismiss your case by filing a "Notice of Dismissal" form with the Court.) Additionally, if, at the time the judgment was paid in full, you had an active wage garnishment against the judgment debtor, then you should also notify the Court that the wage garnishment against the judgment debtor should be stopped and released by filing a "Release of Garnishment" form with the Court.

Please fill out the "Notice of Satisfaction" and "Release of Garnishment" forms completely as instructed. If your forms are handwritten, then please write legibly in blue or black ink. You may obtain a copy of the "Notice of Satisfaction" and "Release of Garnishment" forms from the Civil and Small Claims Division of the Ashland Municipal Court, or you may download a copy from the Resources page on the Court's website. There is no fee to file either of these forms with the Court. Once the Court has received your forms, a court clerk will timestamp and file your documents, send or issue the forms to the judgment debtor (and the garnishee, if there is an active wage garnishment), and mail a copy to you.