Wage Garnishment in Ohio: Your Rights and How to Stop It

Wage garnishment in Ohio allows creditors to take money directly from your paycheck. Federal and state laws protect you by limiting how much can be taken. You have rights and options to stop garnishment.

What Is Wage Garnishment?

Wage garnishment is a legal process. A creditor takes money directly from your paycheck to repay unpaid debt. Some call this wage attachment.

Most creditors must sue you in court first. They need a court order called a judgment before they can garnish your wages.

You face garnishment risk if you’ve defaulted on consumer debt. Common debts include credit cards, payday loans, medical bills, personal loans, and car loans. Defaulting means you’ve missed payments for an extended period.

Federal and Ohio state laws limit how much can be garnished. Some income types are fully protected. Social Security benefits and certain government income may be exempt from garnishment.

Who Can Garnish Your Wages in Ohio?

Any creditor, debt collector, or debt buyer can garnish your Ohio wages. They must get a court order first.

Some entities don’t need court orders. The federal government can garnish wages for past-due federal student loans, tax debt, child support, or alimony. You won’t be sued before garnishment begins.

Wage garnishment limits for government debt differ from consumer debt limits. Government garnishments are often lower. This article focuses on consumer debt requiring court orders.

The Ohio Wage Garnishment Process

Most Ohio creditors must get a court judgment to garnish wages. They start by filing a civil lawsuit. The lawsuit gets filed in Ohio’s courts of common pleas, municipal courts, or county courts.

Here’s how the process works:

Step 1: Lawsuit and Your Response

The creditor files a lawsuit. You receive two documents: a summons and a complaint. The court officially serves you with copies of both.

You have 28 days to respond after being served. You’ll file an answer with the court. An answer lets you share your side or raise defenses. Send a copy to the creditor’s attorney too.

Worried about responding alone? Our partner Solo can help you draft an answer letter for a small fee. They’ve helped over 300,000 people respond to debt lawsuits.

Step 2: Raise Objections and Defenses

Your answer should include any objections or defenses. Valid defenses include:

• The debt isn’t yours
• The debt was discharged in bankruptcy
• The debt amount is wrong
• You’re exempt from wage garnishment

You must serve your answer to both the court and the creditor. Our partner Solo can walk you through potential objections and defenses.

Step 3: Attend the Court Hearing

Your summons and complaint include a court date. Show up for this date. Missing it means the creditor automatically wins with a default judgment.

The judge evaluates evidence and makes a decision. The decision becomes a court order with the judgment. The creditor can start garnishment once they have the judgment.

The creditor serves you with more papers. You’ll receive a Notice of Court Proceeding to Collect Debt. You have 15 days to respond.

Can You Stop Garnishment Before the Hearing?

You have four options after receiving the Notice of Court Proceeding to Collect Debt:

• Send a payment to pay part of the debt
• Pay the debt in full
• Apply to have a trustee manage your payments
• Contact a debt counseling service and arrange a debt scheduling agreement

Complete one option within 15 days of receiving your notice. Otherwise, the creditor will ask the court to order wage garnishment.

What If Your Wages Are Exempt?

Your employer receives a Court Order and Notice of Garnishment if you don’t respond. You’ll get a copy along with a Notice to Judgment Debtor and Request for Hearing.

You have only five days to make an exemption claim. Call the court clerk to ask how to file.

Step 4: Garnishment Begins

Your employer receives a garnishment notice if you’re not exempt. They’re instructed to withhold your wages to pay your debt. You receive a copy of this notice.

How Much Can Be Taken From Your Paycheck?

Federal and Ohio laws limit weekly garnishment amounts. Limits apply to your disposable income. Disposable income is what you take home after required deductions like Social Security.

Creditors can garnish whichever amount is less:

• 25% of your weekly disposable income, or
• The amount your weekly wages exceed 30 times minimum wage ($7.25 x 30 = $217.50 per week)

Special rules apply to child support payments, tax garnishments, and federal student loan debt.

How to Stop Wage Garnishment in Ohio

Only two methods stop wage garnishment in Ohio:

• Pay the debt
• File bankruptcy

Paying your debt in full stops garnishment immediately. Most people can’t afford this option. You may be able to make post-judgment payments to the creditor. You can also use a trustee or debt counselor to manage payments instead of your employer.

Filing bankruptcy powerfully stops wage garnishment and addresses underlying debt. The judge issues an automatic stay when you file. Automatic stay stops collection activities for most debts.

Bankruptcy can help you get the debt permanently discharged. You’ll no longer owe the debt. Speak with a bankruptcy attorney for free to explore your options.

Ohio Resources for Wage Garnishment Help

Ohio offers legal aid clinics and resources to guide you through wage garnishment:

• Legal Aid of Southeast and Central Ohio: Free legal clinics for low-income residents
• Ohio Access to Justice Foundation: Legal aid offices throughout Ohio
• Community Legal Aid – Northeast Ohio: Free clinics on financial empowerment
• Legal Aid Society of Cleveland: Consumer Debt Defense Program for Cuyahoga County
• Legal Aid of Western Ohio, Inc.: Court representation for wage garnishment issues
• Ohio Legal Help: Free legal help for money and debt issues
• Ohio Bar Association: Legal aid offices and attorney contact information
• Franklin County Law Library: Ohio wage garnishment laws and forms