Ohio Judgment Collection Law: Laws

Collecting amounts due to state.

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.

Post-judgment execution sales

Outlines the procedure for converting judgments into liens against real property.

If an execution sale does not take place within a period of five years (where the plaintiff is someone other than the state) or between 10 and 15 years where the plaintiff is the state, the underlying judgment becomes dormant. Attorney General's Office need only refile a tax lien every 15 years in Common Pleas Court to keep the lien operative against the tax debtor. A lien must be canceled after 40 years per Oh. Rev. Code Sec. 131.02.

All sales of goods shall be at public auction unless the court from which an execution issues for good cause shown makes an order directing the sheriff, or other officer holding the process, to sell them at private sale for cash.

Lands to be appraised.

Land not to be sold for less than two thirds of appraised value.

Notice of date, time and place of sale required to be given to the debtor and the public.

Purchase of real or personal property, by the officer making the sale thereof, or by an appraiser of such property, shall be fraudulent and void.

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.

Application for appointment of trustee.

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.

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.

No employer shall discharge an employee solely because of the successful garnishment of the employee's personal earnings by only one judgment creditor in any twelve-month period

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 receiver may be appointed by the common pleas judge to carry out a judgment.

A receiver may be appointed by the supreme court, the court of appeals, the court of common pleas or the probate court, in causes pending in such courts after judgment, to carry the judgment into effect; and after judgment, to dispose of the property according to the judgment, or to preserve it during the pendency of an appeal, or when an execution has been returned unsatisfied and the judgment debtor refuses to apply the property in satisfaction of the judgment.

Employer cannot fire you for having a wage garnishment for child or spousal support.

From the Franklin County, Ohio Clerk of Courts

15 USC Sec. 1671. This federal law puts restrictions on wage garnishment, which the states must follow. Therefore, in Ohio, the Ohio Revised Code generally applies.

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.