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Clerk of Courts
The Clerk is the Record Keeper for the Court of Common Pleas and is responsible for processing all Motions, pleadings, and, judgment entries, etc.; along with maintaining the docket and retaining all of the documents that are filed in the Clerk’s office according to the Ohio Revised Code, Rules of Superintendence and the Clerk of Courts retention scheduled.
This division also processes post judgment matters such as Garnishments, Debtor Exams, Executions, Foreign Judgments, Judgment Liens for judgements granted from Guernsey County Common Pleas Court and judgments granted from other courts, along with State Tax Liens filed by the Ohio Department of Taxation. All releases on the above type of liens are filed in the filing case.
The Guernsey County Prosecuting Attorney files Land Foreclosure’s along with Mobile Home Foreclosures – both for the owner’s lack of paying property/trailer taxes.
The Clerk is responsible for issuing all Writs upon direction from the party/attorney of record, the Court and the Ohio Civil Rules, including Summons, warrants for arrest, Notice to Serve (which gives direction to the Sheriff on whom to serve and at what address), Order of Sales, Order of Appraisement, Writ of Execution, along with a few others.
Parties may have legal representation or may represent themselves but in both situations all parties/attorneys of record must follow the Ohio Revised Code, Ohio Civil Rules and the Local Rules.
Please note that Guernsey County Clerk of Courts deputies are not attorneys, nor can they practice law. Clerk of Courts staff can provide you with responses to your procedure questions.
Most of the case actions do require a filing deposit, however the deposits may be waived if you are declared indigent by the Court. Required deposits can be found in the Menu on the Left. Court costs are addressed at the end of each case action per the court order or the Local Court Rule and follow Ohio Revised Code 2303.20 for assessing throughout the case.
Personal identification information must be carefully maintained according to the Ohio Revised Code and the Ohio Rules of Superintendence. However, it is the filer’s responsibility for redacting pertinent information out of the documents prior to submitting them to the Clerk’s Office for filing per the Ohio Rule of Superintendence 45 (D)
Instructions for Filing a Garnishment of Personal Earnings
The creditor will need to prepare the following documents:
Original Notarized Affidavit of Judgment Creditor as it relates to current balance due on Garnishment Order.
Original and two (2) copies of the Notice to Judgment Debtor (Signed by the Judgment Creditor or Judgment Creditor Attorney with attached Request for Hearing).
Original and two (2) copies of the Affidavit, Order and Notice of Garnishment (Section A)
Original and two (2) copies of the Section B Answer of Employer (Garnishee)
Original Notice to the Judgment Debtor & Request for Hearing (Signed by Clerk of Courts with attached Request for Hearing).
Original Interim Report and Answer.
- Instructions for Service, which includes the name and address of the employer and the type of service being requested.
- The Employer must serve a copy of the Notice of Garnishment on the employee-the Clerk of Courts does not serve this order.
- Cost in the amount of $150.00 due at filing.
- A copy of the Judgment Entry MUST be submitted with the Garnishment Forms. The Judge will NOT sign the Garnishment Order without seeing the Judgment.
Instructions for Filing a Garnishment of Property other than Personal Earnings
The creditor will need to prepare the following documents:
Original Notarized Affidavit, Order and Notice of Garnishment of Property other than Wages with six (6) copies per garnishee (i.e. a bank or company, etc.).
Original Clerks Notice to Judgment Debtor & Request for Hearing (Property other than Personal Earnings) with six (6) copies per garnishee (i.e. bank or company, etc.).
Instructions for Service that will include the names and addresses of each garnishee and for each debtor indication what type of service is being requested.
NOTE: You do not need separate Instructions for Service for each garnishee and debtor being served…they may ALL be listed on one form.
Cost in the amount of $150.00 due at filing.
An additional amount of $1.00 per garnishee (this MUST be in the form of check or money order, made out to the garnishee), to answer the garnishment (per Ohio Revised Code 276.12). This is NOT a clerk fee; no receipt will be issued.
The approval signature of a Common Pleas Court Judge on the original Order and Notice of Garnishment of Property Other Than Personal Earnings and Answer of Garnishee.
NOTE: The Hearing Date will be assigned by the Clerk’s office after the judge has signed the garnishment order.
CAUTION: A copy of the Judgment Entry or the Certificate of Judgment must be submitted with the garnishment forms. The Judge will not approve the garnishment order without examining the judgment or Certificate of Judgment
To claim monies, you need to file a motion with this Court, requesting they be released to you. An example of a motion for your convenience is below. If you have legal questions, you must contact an attorney.
Please reference the case name and number, requesting that these monies be released to you. The Court will then advise you if anything further is required and/or will notify you when an order is issued to the Clerk of Courts to release the monies. Once the Clerk of Courts receives the order to release the monies, a check will be mailed directly to you.
If unclaimed, the funds will be deposited into the Guernsey County Unclaimed Funds Account with the Guernsey County Treasurer yearly in March.
Out of State Subpoena Deposits
- Process Server: $25.00
- Guernsey County Sheriff: $100.00
Effective July 1, 2009
The Supreme Court of Ohio Commission on the Rules of Superintendence has developed
Public Access Rules 44 through 47
with the intent to “Strike a balance between the fundamental principal of openness of Court records and the importance of privacy rights of individuals”.
SUPERINTENDENCE RULE 45
Requires the filing party to omit “Personal identifiers” when filing a case document with the court. These identifiers include:
1. Social security numbers, except last 4 digits
2. Financial account numbers
3. Employer and employee identification numbers
4. Juvenile’s name in abuse, neglect and dependency cases
THE COURT OR CLERK OF COURTS
1. Are not required to review documents to find personal identifiers.
2. May not refuse to file a document because personal identifiers are contained in said document.
3. May provide a form for placement of personal identifiers which will be confidential.
- Any person may request access to documents that have been restricted or redacted through written Motion to the Court.
State Tax Liens
The Ohio Department of Taxation files judgment liens in the Clerk of Courts office to recover revenue for a variety of taxes, including but not limited to sales tax, withholding tax, and personal income tax.
To release a tax lien, the debtor must contact the Ohio Attorney General’s Office of Collections and Enforcement to determine the exact amount of tax owed. Payment of the original tax must be remitted to the Ohio Department of Taxation.
Once the tax is paid, the State of Ohio will issue the debtor a Release and Satisfaction of Judgment. To properly release the state tax lien, the debtor must file this document in the Clerk of Courts’ office along with the appropriate and all outstanding court costs. The Clerk accepts cash, check, money order, or credit card.
Judgment (Civil) Liens
The Clerk of Courts has the statutory responsibility to maintain the judgment docket for judgment liens rendered by the Butler County Court of Common Pleas or liens transferred from other courts. When a judgment lien is filed with the Clerk of Courts, it becomes a “Certificate of Judgment” that may be executed upon by the creditor.
To release a judgment/civil lien, the debtor must satisfy and obtain a certified copy of the Entry of Satisfaction from the original court of jurisdiction.
All court costs must be paid, including the cost for filing an Entry of Satisfaction.
Section 2329.153 | Official public sheriff sale web site; integrated auction management system.
The Guernsey County Sheriff’s Department has officially started utilizing RealAuction to conduct a judicial sale for real property effective October 1, 2022. The Court Order dated June 22, 2022 as it relates to the collection of fees for the use of the public Sheriff’s sale website is shared below.