Ohio Garnishment Laws: What You Need to Know in 2024
Ohio allows creditors to garnish up to 25% of your disposable earnings after winning a court judgment. Child support, student loans, and taxes can garnish wages without a lawsuit and may take higher percentages. You can stop garnishment by responding to the lawsuit, negotiating a settlement, or filing for bankruptcy.
Answer Your LawsuitLiving in Ohio and facing debt collection can be stressful. You might worry about wage garnishment if a creditor sues you.
Wage garnishment happens when creditors take money directly from your paycheck. Your employer receives a court order to withhold funds before you get paid.
Stop Ohio Wage Garnishment Before It Starts
You have limited time to respond to a debt lawsuit. File your answer today and protect your paycheck from creditors.
Respond to Lawsuit NowUnderstanding Ohio’s garnishment laws helps you protect your income. You can take action before wage garnishment starts.
How Creditors Can Garnish Your Wages in Ohio
Creditors cannot automatically garnish your wages when you miss payments. They must first sue you in court and win a judgment.
The process works like this:
- A creditor files a debt collection lawsuit against you
- You receive a court summons to respond
- If you don’t answer, the court grants a default judgment
- The creditor can then request wage garnishment
You can stop this process by responding to the lawsuit. Our partner Solo helps you file an answer and fight back.
Ignoring the summons guarantees you’ll lose. Responding gives you a chance to negotiate or win your case.
Ohio Wage Garnishment Limits
Ohio follows federal law for wage garnishment limits. Creditors can take the lesser of two amounts:
- 25% of your disposable earnings, or
- The amount your disposable earnings exceed $217.50 per week
Disposable earnings mean your pay after taxes and mandatory deductions. Voluntary deductions like health insurance don’t count as reductions.
How the Calculation Works
Say you earn $1,000 per week after taxes and mandatory deductions. Here’s what creditors can garnish:
- 25% of $1,000 = $250
- $1,000 – $217.50 = $782.50
Creditors take the lesser amount, which is $250 per week.
If your disposable earnings are between $217.50 and $290 per week, different rules apply. Creditors can take any amount over $217.50.
Exceptions to Standard Garnishment Rules
Some debts allow garnishment without a court judgment. These special cases follow different limits.
Child Support Garnishment
Child support garnishment can take much more than regular debts:
- Up to 50% if you support another spouse or child
- Up to 60% if you don’t support anyone else
- An additional 5% if you’re 12 weeks behind on payments
Child support agencies don’t need to sue you first. They can garnish wages through administrative processes.
Student Loan Garnishment
Federal student loans in default can be garnished administratively. The Department of Education can take up to 15% of disposable income.
No lawsuit is required for defaulted federal student loans. The government uses administrative wage garnishment powers.
Tax Debt Garnishment
The IRS and Ohio Department of Taxation can garnish wages without court action. No percentage limits apply to tax garnishments.
Tax agencies calculate garnishment based on your dependents and standard deductions. They leave you enough for basic living expenses.
Your Job Protection Under Ohio Law
Ohio law protects you from being fired for one garnishment order. Your employer cannot terminate you within 12 months of a single garnishment.
However, two or more garnishment orders remove this protection. You could lose your job if multiple creditors garnish your wages.
Employers may find garnishment orders burdensome. They must calculate amounts, send payments, and maintain records.
How to Stop Wage Garnishment in Ohio
You have several options to prevent or stop wage garnishment.
Respond to the Lawsuit
The most important step is answering the court summons. Our partner Solo helps you file a proper response.
Your answer challenges the creditor’s claims. You can dispute the debt amount, ownership, or statute of limitations.
Most debtors who respond achieve better outcomes. Creditors often settle for less when you fight back.
Negotiate a Settlement
Creditors may accept less than the full amount. You can propose a lump sum payment or payment plan.
Settling stops the garnishment process immediately. You get certainty about what you’ll pay.
File for Bankruptcy
Bankruptcy stops all wage garnishments through automatic stay. Both Chapter 7 and Chapter 13 halt collection activities.
Chapter 7 can eliminate unsecured debts like credit cards and medical bills. Chapter 13 creates a repayment plan for three to five years.
Claim Exemptions
Ohio law protects certain income from garnishment. Social Security benefits, disability payments, and veterans benefits are usually exempt.
You must file a claim of exemption with the court. The judge will review your income sources and decide.
What Happens During Wage Garnishment
Once a garnishment order is in place, your employer must comply. They receive detailed instructions about calculating and sending payments.
Each paycheck shows the garnishment deduction. The withheld amount goes directly to the creditor or court.
Garnishment continues until the debt is paid in full. Interest and court costs may be added to the original debt amount.
You can still try to negotiate even after garnishment starts. Creditors may agree to stop garnishment if you make lump sum offers.
Preventing Future Wage Garnishment
Avoiding garnishment is easier than stopping it. Stay current on all debt payments when possible.
Communicate with creditors before they sue. Many will work out payment plans to avoid court costs.
Pay priority debts first. Child support, student loans, and taxes can garnish wages without judgments.
Monitor your credit report for collection accounts. Address problems before creditors file lawsuits.
If you receive a court summons, respond immediately. Our partner Solo makes filing an answer simple and affordable.