Ohio Request For Hearing (Money Property Credits)

State:
Ohio
Control #:
OH-SKU-0576
Format:
PDF
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Request For Hearing (Money Property Credits)

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FAQ

Wages and other property, including bank accounts, may be garnished. However, the 25% limit on garnishment of personal earnings continues even when the money is deposited into a personal checking account. The amount that can be garnished must be determined at the garnishment hearing.

Section 2716.041 Order of garnishment of personal earnings to be continuous.

The total amount garnished cannot be more than 25% of the employee's monthly disposable earnings. Exemptions from garnishment, including, but not limited to, worker's compensation, unemployment compensation, disability payments, OWF payments, or child support or spousal support, and most pensions.

A creditor, debt collector, or debt buyer can garnish your Ohio wages after they get a court order. More than one creditor can garnish your wages, and some creditors will have a higher priority than others.

For instance, if you're behind on credit card payments or owe a doctor's bill, those creditors can't garnish your wages unless they sue you and get a judgment. Some creditors, though, like those you owe taxes, federal student loans, child support, or alimony, don't have to file a suit to get a wage garnishment.

The total amount garnished cannot be more than 25% of the employee's monthly disposable earnings. Exemptions from garnishment, including, but not limited to, worker's compensation, unemployment compensation, disability payments, OWF payments, or child support or spousal support, and most pensions.

The Debt Collection Improvement Act authorizes federal agencies or collection agencies under contract with them to garnish up to 15% of disposable earnings to repay defaulted debts owed to the U.S. government.

The Ohio wage garnishment statute of limitations is generally six years for most types of debt. The time limit is counted beginning the day a debt became overdue or the day you last made a payment, whichever happened most recently. However, debt does not expire or disappear until you pay it.

More info

Once a small claims judgment is entered, the clerk mails the debtor a form called a "Judgment. At the hearing, the judge will make the final decision.If the judge agrees with you, you will get your money or property back. Completed Sample Forms are available here. Starting September 2, 2021 all litigants in Small Claims Court can appear virtually or telephonically for FREE. If you request a hearing, the hearing will be limited to a consideration of the amount of your money, property, or credits, other than personal earnings, in. If the court enters a money judgment against you, the plaintiff can request information from you about your employment, assets, debts, income and expenses. Do not claim that you are going to put a lien on the debtor's property if you have no intention on doing so. Do not claim that the debtor has violated the law. The court should schedule a hearing within 10 days after it receives your completed Seizure.

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Ohio Request For Hearing (Money Property Credits)