Garnishment of Wages
In order to garnish wages, you are first required to send a 15 day demand form to the other party by certified mail. Forms are available at any office supply store. If the other party does not make payment within 15 days from the postmark date of the certificate of mailing, you may come to the Clerk's Office with your copy of the demand and the certificate of mailing and file a garnishment of wages. You must know the name and address of the defendant's place of employment.
Attachment of Bank Account
To attach to a person's bank account, you must come to the Clerk's Office with the name and address of the defendant's bank account number (if known). The bank will check all accounts in the defendant's name and if there are monies in any account, it will be taken from the account and mailed to the Clerk's Office. The Clerk's Office will then mail a check to the party that filed the attachment.
Levy on Personal Property
To levy personal property, you must bring into the Clerk's Office a description of the motor vehicle titled to the defendant, such as make, model, year and serial number. This information can be obtained from the Mahoning County Title Department.
Certificate of Judgment
In order to for the court to issue a Certificate of Judgment, one must be requested in writing. The Clerk will issue the certificate and then it can be filed with the Clerk of the Common Pleas Court of the county where the real estate is located. The defendant must pay the lien before the real estate can be sold. A transfer fee payable to the Clerk of Courts is required as a condition of transfer.
Trial: Evidence and Subpoenas
Trial will be conducted by a magistrate to the case. Trial will be conducted in an informal manner in its sequence; the plaintiff will first present evidence; the defendant may then ask questions of the plaintiff and witnesses. The defendant will present evidence, the plaintiff may then ask questions of the defendant and witnesses. The burden of proof rests with the complaining party; who will be required to prove his or her case by the preponderance of the evidence. If the evidence presented by the complaining party is merely equal to or less than that presented by the responding party, the claim will fail.
Magistrate's Decision; Judgment Objection; Decision
After a case is heard, a written report will be filed by the magistrate and mailed to all parties.
Objections to the Magistrate's Report
Within 14 days from the filing of the magistrate's report, any party may file with the court
written objections to the decision. If a party timely files objections, then any other party may also file an objection not later than ten days after the first objection is filed. The case will then be assigned to a judge for further review. The judge, after considering the objections and any memoranda thereto, may approve, reject or modify the magistrate's decision and enter a final judgment, may hear additional evidence, or refer the case back for new trial. A copy of the final judgment will be mailed to all parties.
Legal Advice and Procedural Information
Persons in need of specific legal advice should contact an attorney. Court personnel, including judges, magistrates, bailiffs, and other court officials may not provide legal advice to any party having an interest in any pending case