Ohio Judgment Collection Law: Non-Wage Garnishment

An action to revive a judgment can only be brought within ten years from the time it became dormant, unless the party entitled to bring that action, at the time the judgment became dormant, was within the age of minority, of unsound mind, or imprisoned, in which cases the action may be brought within ten years after the disability is removed.

Garnishment

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. The bank has no later responsibility to sort out how much to send to creditors.

Stacking of garnishments. Note that tax levies and child and spousal support are higher priority than other judgments for money. The total amount garnished cannot be more than 25% of the employee's monthly disposable earnings.

A proceeding for garnishment of property, other than personal earnings, may be commenced after a judgment has been obtained by a judgment creditor by the filing of an affidavit in writing made by the judgment creditor or the judgment creditor's attorney setting forth all of the following:
(A) The name of the judgment debtor whose property the judgment creditor seeks to garnish;
(B) A description of the property;
(C) The name and address of the garnishee who may have in the garnishee's hands or control money, property, or credits, other than personal earnings, of the judgment debtor.

Hearing on motion for garnishment of property, other than personal earnings of judgment debtor. Under this section, only property in excess of $400 may be garnished.

A beneficiary fund, not exceeding five thousand dollars, set apart, appropriated, or paid by a benevolent association or society, according to its rules, regulations, or bylaws, to the family of a deceased member, or to a member of such family, is not liable to be taken by process or proceedings, legal or equitable, to pay any debt of such deceased member.

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, also stimulus checks.

The U.S. Treasury Department has promulgated regulations requiring that banks perform an account review prior to disbursing what it has determined to be protected amounts that are deposited to the debtor’s account from the Social Security Administration, Department of Veterans Affairs, the Office of Personnel Management, or the Railroad Retirement Board. The bank is to review the debtor’s account for the two-month period from the day preceding the commencement of the review. Should the financial institution conclude that no protected amounts were deposited into the debtor’s account during the 60-day review, then it may follow its usual response procedure to the garnishment. Conversely, the bank is to accord the debtor access to any protected amounts available to the account and is obligated to give the debtor notice of the process and proceedings.

Except for child-support debt

Ohio Legal Help

Scroll down to "Collect a Small Claims Judgment". Use these forms if you are collecting a judgment from the Franklin County Municipal Court Small Claims Division. Very useful information for any judgment debtor.

Click on Forms and Fees and scroll down to the Garnishment section. Use these forms if you are collecting a judgment from the Franklin County Common Pleas Court.

From the Legal Aid Society of Columbus

Franklin County Common Pleas Court

For $51 you can get a Certificate of Judgment from the Franklin County Common Pleas Court.

Use these forms for collecting a judgment in Franklin County Municipal Court - Civil Division.

Meyers and Roman Law Firm explains this statute, which can help in collecting a judgment.

Amourgis & Assoc. law firm