Ohio Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee

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The U.S. Bankruptcy Code also allows individual debtors who meet certain financial criteria to adopt extended time payment plans for the payment of debts. An individual debtor on a regular income may submit a plan for installment payment of outstanding debts. This is called a Chapter 13 Plan. This plan must be confirmed by the court. Once it is confirmed, debts are paid in the manner specified in the plan. After all payments called for by the plan are made, the debtor is given a discharge. The plan is, in effect, a budget of the debtor's future income with respect to outstanding debts. The plan must provide for the eventual payment in full of all claims entitled to priority under the Bankruptcy Code. The plan will be confirmed if it is submitted in good faith and is in the best interest of the creditors.


A Chapter 13 plan must provide for the submission of all or such portion of future earnings or other future income of the debtor to the supervision and control of the trustee as is necessary for the execution of the plan. After the confirmation of a Chapter 13 plan, the court may exercise its discretion and order any entity from whom the debtor receives income to pay all or part of such income to the trustee.

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FAQ

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.

Exemptions to Bank Garnishment An automatic $400 exemption applies to a debtor's bank account, so only funds in excess of that amount may be garnished. Social security benefits. Workers' compensation benefits. Unemployment compensation.

Paying Without Formal Garnishment With your demand letter or notice, you will get a form titled ?Payment to Avoid Garnishment.? Complete the form and return it to the creditor within 15 days and you can make periodic payments without having to go through the formal garnishment process.

In the state of Ohio, the statute of limitations is six years to file a lawsuit regarding an uncollected debt, regardless of the type of debt. This time begins when the debt became overdue, or from when you made your last payment?whichever is more recent.

Limits on Wage Garnishments in Ohio On a weekly basis, the garnishment can't exceed the lesser of: 25% of your disposable earnings for that week, or. the amount by which your disposable earnings for that week surpasses 30 times the federal minimum hourly wage.

Code Sections 2716.11 and 2716.13 govern non-wage garnishment. This usually involves garnishing of a bank account. Debtors should be aware that their bank may freeze their account as soon as they receive notice of the non-wage garnishment.

(B) A person who obtains a judgment against another person may garnish the property, other than personal earnings, of the person against whom judgment was obtained, if the property is in the possession of a person other than the person against whom judgment was obtained, only through a proceeding in garnishment and ...

Paying Without Formal Garnishment With your demand letter or notice, you will get a form titled ?Payment to Avoid Garnishment.? Complete the form and return it to the creditor within 15 days and you can make periodic payments without having to go through the formal garnishment process.

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Ohio Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee