Ohio § 2716.21
Full text of Ohio Ohio Revised Code § 2716.21, with citation guidance and answers to common questions.
§ 2716.21.
(A) If the answer of a garnishee required by section 2716.05 or 2716.13 of the Revised Code is not made in writing as ordered by the court that issued the garnishment order,
the answer shall be made before the clerk of the court of common pleas of the county
in which the garnishee resides or, if the garnishee resides outside of the state,
before the clerk of the county in which the garnishee was served or in which the action
is pending. Upon receipt of an answer under this division, the clerk shall transmit it to the
clerk of the court in which the action is pending, if different, in the same manner
as depositions are required to be directed and transmitted. For the clerk's services, the clerk shall receive the fees allowed by law for taking
depositions and to clerks for furnishing certificates with their seals of office attached. (B) After the order of garnishment is served on a garnishee, as provided in section 2716.05 or 2716.13 of the Revised Code , the garnishee shall return the answer to the court that issued the garnishment order
within five business days after receipt of the order if the order is served under section 2716.05 of the Revised Code or before the date set for the hearing as indicated on the order if the order is
served under section 2716.13 of the Revised Code . The garnishee shall answer all questions addressed to the garnishee regarding the
personal earnings of the judgment debtor or regarding the amount of money, property,
or credits, other than personal earnings, of the judgment debtor that are in the garnishee's
possession or under the garnishee's control at the time of service of the order, whichever
is applicable. The garnishee shall truly disclose the amount owed by the garnishee to the judgment
debtor whether due or not and, in the case of a corporation, any stock held in the
corporation by or for the benefit of the judgment debtor. If a garnishee answers and it is discovered that, at the time of the service of
the order upon the garnishee, the garnishee possessed any money, property, or credits
of the judgment debtor or was indebted to the judgment debtor, the court may order
the payment of the amount owed into court, or it may permit the garnishee to retain
the money, property, or credits or the amount owed upon the garnishee's executing
to the judgment creditor a bond with sufficient surety to the effect that the amount
will be paid as the court directs. (C) If, in a garnishee's answer, a garnishee admits an indebtedness to the judgment debtor
and the court orders the payment of it in whole or in part to the judgment creditor,
and if the garnishee fails to pay according to the order, execution may issue on the
order. (D) A garnishee shall pay the personal earnings owed to the judgment debtor or the money
or value of the property or credits, other than personal earnings, of the judgment
debtor in the garnishee's possession or under the garnishee's control at the time
of service of the order of garnishment, or so much thereof as the court orders, into
court. The garnishee shall be discharged from liability to the judgment debtor for money
so paid and shall not be subjected to costs beyond those caused by the garnishee's
resistance of the claims against the garnishee. A garnishee is liable to the judgment creditor for all money, property, and credits,
other than personal earnings, of the judgment debtor in the garnishee's possession
or under the garnishee's control or for all personal earnings due from the garnishee
to the judgment debtor, whichever is applicable, at the time the garnishee is served
with the order under section 2716.05 or 2716.13 of the Revised Code . (E) If a garnishee fails to answer as required by this section, answers but fails to
answer satisfactorily, or fails to comply with a proper order of a court in connection
with a garnishment under this chapter, the court may proceed against the garnishee
for contempt. Upon the request of the judgment creditor, a special examination of a garnishee may
be had by the judgment creditor if the garnishee fails to answer as required by this
section, answers but fails to answer satisfactorily, or fails to comply with a proper
order of a court in connection with the garnishment. That examination may be conducted in the county in which the garnishee resides. (F)(1) If a garnishee fails to answer as required by this section, answers and the garnishee's
answer is not satisfactory to the judgment creditor, or fails to comply with the order
of the court to pay the money owed or deliver the property into court or to give the
bond authorized under division (B) of this section, the judgment creditor may proceed
against the garnishee by civil action. Thereupon, proceedings may be had as in other civil actions. Judgment may be rendered in favor of the judgment creditor for the amount of money
owed the judgment debtor in the garnishee's possession at the time the garnishee was
served with the order of garnishment under section 2716.05 or 2716.13 of the Revised Code and, if it appears on the trial that the garnishee's answer was incomplete, for the
costs of the proceedings against the garnishee. An action authorized under this division shall be brought in the county in which
the garnishee resides. (2) A garnishee who acts, or attempts to act, in accordance with Chapter 2716. of the
Revised Code is not liable for damages in any civil action for any action taken pursuant
to that chapter in good faith or any omission made in good faith.
Frequently Asked Questions About Ohio § 2716.21
What does Ohio Revised Code § 2716.21 cover?
Section 2716.21 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 2716.21?
A common citation format is "Ohio Revised Code § 2716.21" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 2716.21 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.