Wage Garnishment in Ohio

What Is Wage Garnishment?

Wage garnishment is a legal process that lets a creditor take money directly from your paycheck to repay an unpaid debt. This process is also sometimes called wage attachment.

Before garnishing your wages, the creditor usually has to sue you in court and get a court order called a judgment.

You may be at risk of having your wages garnished if you've defaulted on a consumer debt like a credit card, payday loan, medical bill, personal loan, or car loan.

Federal and state laws limit how much of your wages can be garnished, and some types of income are protected entirely from garnishment. For example, Social Security benefits and some other types of government income may be exempt from garnishment, depending on the situation.

Who Can Garnish My Wages in Ohio?

Any creditor, debt collector, or debt buyer can garnish your Ohio wages if they get a court order.

Some entities, like the federal government, don't have to get a court order to garnish your wages. So if you have past-due federal student loans, tax debt, child support, or alimony, you don't have to be sued before your wages can be garnished.

Also, wage garnishment limits for government debt are different (often lower) than for consumer debt. This article is focused on consumer debt that requires a court order to garnish wages for people working in Ohio. 

Ohio Wage Garnishment Process 

In Ohio, most creditors must get a court judgment to garnish your wages. To do so, they must start a civil lawsuit. The lawsuit will likely be filed in one of Ohio's courts of common pleas, municipal courts, or county courts.

Here are the steps to the process:

1. The creditor files the lawsuit, and you have 28 days to answer the creditor’s complaint.

2. You can raise objections and defenses.

3. Attend the court hearing. The judge will rule on the case.

4. Garnishment begins.

Creditor Sues You & You Respond

The process of getting a judgment usually starts when the creditor files a lawsuit. This begins with two documents: a summons and a complaint. The court will officially serve you with copies of both.

Once you're served, you typically have 28 days to respond by filing an answer with the court. An answer is your chance to share your side of the story or raise any defenses. You'll also need to send a copy of your answer to the creditor’s attorney.

If you're worried about responding on your own, but you can't afford a lawyer, you can draft an answer letter for a small fee using SoloSuit. They've helped over 300,000 people respond to debt lawsuits, and they have a 100% money-back guarantee.

SoloSuit is an affiliate partner, which means Upsolve may earn a small commission if you choose to use their paid service. This helps keep our services free.

Objections and Defenses

In your answer, let the creditor and judge know if you have any objections to or defenses against the garnishment, such as:

• The debt isn't yours.

• The debt was discharged in bankruptcy.

• The debt amount is incorrect.

• You're exempt from having your wages garnished.

If you want to answer (respond to) the lawsuit with objections or defenses, you typically need to let both the court and the person suing you know by delivering the answer document to you. This process is called service.

If you use SoloSuit to help you respond, they can walk you through potential objections and defenses.

Court Hearing

The summons and complaint will have instructions and a court date. Be sure to show up for the court date or the creditor could automatically win the case with a default judgment. 

During the court process, the judge will evaluate the evidence then make a decision, which is put into a court order with the judgment. Once the creditor has the judgment, they can start the garnishment process. 

The garnishment process starts with the creditor serving more papers to you. In this case, they’ll serve (in person or via certified mail) a demand notice titled Notice of Court Proceeding to Collect Debt. You have 15 days to respond. 

Can you Stop the Garnishment Before the Court Hearing?

There are four ways to avoid garnishment once you’ve received the Notice of Court Proceeding to Collect Debt:

• Send in a payment to pay a part of the debt.

• Pay the debt in full.

• Apply to have a trustee receive and manage your payments.

• Contact a debt counseling scheduling and budget service and make arrangements for a debt scheduling agreement. Your wages can’t be garnished while you are making payments under a debt scheduling agreement with a debt counseling service.

You must complete one of the four items within 15 days of receiving your notice. If you don’t, the creditor will ask the court to order your employer to garnish your wages.  

What if Your Wages Are Exempt?

If you don’t pay or make arrangements, your employer will receive a Court Order and Notice of Garnishment after the 15 days and will give you a copy along with a Notice to Judgment Debtor and Request for Hearing.

This will include instructions for requesting a hearing for an exemption claim. You only have five days to make an exemption claim. You can call the court clerk and ask how to file this.

Garnishment Begins

If you are not exempt, your employer, referred to as the garnishee, will receive a garnishment notice and be instructed to withhold your wages to pay your debt. You will receive a copy of this notice.

How Much of My Paycheck Can Be Taken by Wage Garnishment?

Federal and Ohio state laws limit how much of your disposable income can be garnished each week.

Your disposable income is the earnings you take home after required deductions like Social Security are taken out of your check.

Creditors can garnish whichever of the following is less:

• 25% of your weekly disposable income or

• The amount your weekly wages exceed 30 times the minimum wage. That’s $7.25 x 30, which is $217.50 a week.

There are special rules for child support payments, federal and state income tax garnishments, and federal student loan debt. 

How To Stop a Garnishment in Ohio

There are only two ways to stop a wage garnishment in Ohio:

• Pay the debt

• File bankruptcy

You can pay your debt in full to stop a wage garnishment, but this often isn't possible for many people. In Ohio, you may also be able to make payments to the creditor after the judgment or use a trustee or debt counselor to manage your debt payments instead of your employer. 

Filing bankruptcy is a powerful way to stop wage garnishment and deal with the underlying debt. When you file bankruptcy, the judge issues an automatic stay, which stops collection activities for most debts.

Bankruptcy may also be able to help you get the debt causing your wage garnishment permanently discharged. This means you’ll no longer owe the debt. 

Upsolve has a free online filing tool for Chapter 7. It only takes two minutes to see if you're eligible. Upsolve is a nonprofit that's helped over 18,000 discharge more than $840 million in debt. Our service is 100% free.

Are There Any Resources for People Facing Wage Garnishment in Ohio?

Ohio has legal aid clinics and other resources to help guide you through the wage garnishment process, including:

• Legal Aid of Southeast and Central Ohio: Free legal clinics for low-income residents.

• Ohio Access to Justice Foundation: A list of legal aid offices throughout Ohio.

• Community Legal Aid – Northeast Ohio: Free legal clinics on financial empowerment answering questions related to debt, bankruptcy, and wage garnishments.

• Legal Aid Society of Cleveland: Consumer Debt Defense Program offering free legal help for Cuyahoga County residents.

• Legal Aid of Western Ohio, Inc.: Court representation and legal assistance with wage garnishment and consumer debt issues.

• Ohio Legal Help: A nonprofit organization offering free legal help for money and debt issues.

• Ohio Bar Association: Contact information for legal aid offices, monthly plan services, and Ohio attorneys.

• Franklin County Law Library: Laws and forms for an Ohio wage garnishment.