If you’ve received notice of a wage garnishment in Ohio, it can feel overwhelming. The National Association of Consumer Credit Attorneys (NACCA) understands this can be a stressful situation. It’s crucial to act quickly and understand your rights to protect your financial well-being. This step-by-step action plan will guide you through the process of resolving an Ohio wage garnishment.

Step 1: Review and Confirm the Garnishment

The first crucial step is to thoroughly examine all the garnishment documents you’ve received from your employer or the court. Pay close attention to the following details:

  • Name of the creditor and the total amount claimed to be owed.
  • The specific court that issued the wage garnishment order.
  • The date the judgment against you was issued.

Crucially, verify the accuracy of this information. Is this a debt you recognize? Is the amount listed correct? Mistakes can happen, and it’s essential to ensure the garnishment is legitimate and accurate.

Step 2: Understand Your Rights and Exemptions

Ohio law provides certain protections for your wages against garnishment. Familiarize yourself with these limits:

  • The maximum amount that can be garnished is the lesser of:
    • 25% of your disposable earnings (your gross pay minus legally required deductions like taxes and social security), OR
    • The amount by which your disposable earnings for that week exceed 30 times the current federal minimum hourly wage. As of April 7, 2025, the federal minimum wage is $7.25 per hour, making the protected weekly amount $217.50 (30 x $7.25).

It’s vital to confirm that your employer is correctly calculating the garnishment according to these rules. If the amount being deducted exceeds these limits, you may have grounds to object.

Remember this important protection: Your employer cannot fire you solely because of one wage garnishment. This is a protection under federal law (Title III of the Consumer Credit Protection Act).

Step 3: Determine if Grounds Exist to Object

Carefully consider if any of the following common grounds for objection apply to your situation in Ohio:

  • Incorrect Garnishment Calculation: The amount being withheld exceeds the legal limits outlined in Step 2.
  • Income Exempt from Garnishment: The funds being garnished are legally exempt, such as Social Security benefits, disability benefits, unemployment compensation, or certain public assistance payments.
  • Debt Already Paid or Judgment Satisfied: You have already paid the debt in full, or the court judgment has been satisfied.
  • Lack of Proper Legal Notice: You never received the required legal notices before the wage garnishment began, preventing you from challenging the debt or asserting exemptions earlier.
  • Active Debt Counseling Payment Plan or Trusteeship Arrangement: You are currently making payments under a legally recognized debt counseling payment plan (Debt Management Plan through a reputable agency) or a court-ordered trusteeship. Ohio law often protects wages under these arrangements.

If any of these situations apply to you, you have the right to object to the garnishment.

Step 4: File a Request for Hearing (if applicable)

If you believe there are valid grounds to object, you typically need to file a “Request for Hearing” form with the issuing court. This form is often included with the garnishment notice you received. If not, you can obtain it from the court clerk’s office or the court’s website.

It’s crucial to file this form within the specified timeframe, which in Ohio is generally within five (5) business days of receiving your garnishment notice. Failing to do so within this timeframe may waive your right to a hearing.

When completing the form, clearly and concisely state your reasons for objecting. For example:

  • “The garnishment calculation exceeds 25% of my disposable earnings.”
  • “The funds being garnished are Social Security disability benefits, which are exempt from garnishment.”
  • “I have already satisfied the judgment in this case on [Date].”

After completing the form, you must mail or deliver copies to the following parties:

  • The Clerk of the Court that issued the garnishment.
  • The Creditor (or their attorney, if applicable).
  • Your Employer’s Payroll Department.

Keep copies of all filed documents for your records.

Step 5: Attend the Garnishment Hearing

If you filed a Request for Hearing, you will receive a notice of the hearing date, time, and location. It’s essential to attend this hearing.

Prepare thoroughly by gathering any evidence and documentation that supports your objection. This may include:

  • Pay stubs showing your disposable earnings and the garnishment amount.
  • Bank statements showing the source of garnished funds (if claiming exemption).
  • Proof of payments made towards the debt.
  • Official documents verifying exempt income (e.g., Social Security award letter).
  • Documentation related to your debt counseling plan or trusteeship.

At the hearing, present your case clearly and explain why the garnishment is incorrect, excessive, or illegal. The court will then decide whether to modify, reduce, or terminate the garnishment order.

Step 6: Negotiate Directly With the Creditor

Regardless of whether you object to the garnishment, you always have the option to try and negotiate directly with the creditor or their attorney.

  • Reach out and propose a manageable payment plan that fits your budget.
  • If you can afford it, explore the possibility of a lump-sum settlement for a reduced amount.

Crucially, get any agreement you reach in writing. This written agreement should clearly outline the payment terms and state that the creditor will file a “Release of Garnishment” form with the court upon fulfillment of the agreement. Ensure the creditor promptly files this release to stop the deductions from your wages.

Step 7: Consider Ohio Trusteeship (Wage Earner Plan)

If you are facing multiple debts or garnishments, or anticipate future garnishments, consider filing an “Application for Trusteeship” (also known as a Wage Earner Plan) in your local municipal court.

Trusteeship is a legal process in Ohio where the court combines your eligible debts into a single monthly payment plan. A court-appointed trustee then distributes these payments to your creditors. Once your trusteeship is approved, existing wage garnishments typically stop, and future garnishments are generally prevented as long as you adhere to the payment plan.

Step 8: Utilize Debt Counseling (Debt Scheduling Agreement)

Contact a reputable, nonprofit credit counseling agency in Ohio, such as those affiliated with the National Foundation for Credit Counseling (NFCC). They can help you enroll in a certified Debt Management Plan (DMP).

Under Ohio law, if you are actively making payments through a debt management plan administered by a qualified agency, your wages generally cannot be garnished for the debts included in the plan.

Step 9: Monitor the Garnishment Actively

Even if the garnishment is deemed valid, it’s essential to regularly review your paycheck deductions to ensure the garnished amounts align with the court order and the legal limits. If you notice any discrepancies or incorrect deductions, contact your payroll department immediately to address the issue.

Step 10: Address Employer Violations (If Occur)

As mentioned in Step 2, your employer cannot legally fire or discipline you solely because of one wage garnishment. If your employer attempts to do so, immediately contact the U.S. Department of Labor (Wage & Hour Division). Remind your employer of the protections afforded to you under Title III of the Consumer Credit Protection Act.

Step 11: Report Abusive or Illegal Debt Collection Practices

If you experience harassment, deceptive threats, or other abusive or illegal debt collection practices related to the garnishment, file complaints with the following agencies:

Step 12: Consider Bankruptcy (as a Last Resort)

If wage garnishments are creating extreme financial hardship and you are overwhelmed with debt, consulting with a bankruptcy attorney may be a necessary step. Filing for bankruptcy can immediately stop most wage garnishments and can discharge many types of debt, providing a fresh financial start.

Key Forms & Resources:

  • Ohio Court Forms: Available from your county court clerk or often online (search for “[Your County Name] Court of Common Pleas forms” or “[Your County Name] Municipal Court forms”). Look for forms such as:
    • Request for Garnishment Hearing
    • Application for Trusteeship
    • Claim of Exemption Form
    • Release of Garnishment Form
  • Ohio Legal Help: OhioLegalHelp.org
  • Ohio Attorney General’s Office: OhioAttorneyGeneral.gov
  • Consumer Financial Protection Bureau (CFPB): consumerfinance.gov

Navigating a wage garnishment can be complex. Remember that you have rights, and there are resources available to help. If you are facing a wage garnishment in Ohio, NACCA strongly encourages you to seek legal advice from a qualified consumer law attorney to understand your specific situation and explore all available options.

Frequently Asked Questions (FAQ) About Ohio Wage Garnishment:

Q: How soon can a wage garnishment start after a judgment is entered against me in Ohio? A: Once a creditor obtains a judgment against you, they can typically begin the process of wage garnishment relatively quickly. Your employer will usually receive the garnishment order and must begin withholding wages within a certain timeframe after receiving it. This timeframe is usually a few weeks.

Q: Can all types of income be garnished in Ohio? A: No. Certain types of income are exempt from garnishment under Ohio and federal law, including Social Security benefits, disability benefits, unemployment compensation, and certain public assistance payments.

Q: What happens if my employer deducts more than the legally allowed amount? A: If your employer deducts more than the legal limit, you should immediately contact your payroll department to point out the error. You also have grounds to object to the garnishment with the court, as outlined in Step 3 and Step 4.

Q: Do I have to attend the garnishment hearing if I file a Request for Hearing? A: Yes, it is highly recommended that you attend the garnishment hearing. This is your opportunity to present your case and evidence to the court and explain why the garnishment should be modified or stopped.

Q: Will filing for bankruptcy immediately stop a wage garnishment in Ohio? A: In most cases, filing for bankruptcy (both Chapter 7 and Chapter 13) will trigger an automatic stay, which legally stops most collection actions, including wage garnishments, immediately upon filing.

Q: Where can I find the “Request for Hearing” form in Ohio? A: The “Request for Hearing” form is often included with the garnishment notice you receive from your employer or the court. If not, you can obtain it from the clerk of the court that issued the garnishment order or from the court’s website.

Q: Is there a limit to how many times my wages can be garnished for different debts in Ohio? A: While there’s no strict limit on the number of garnishments a creditor can attempt, Ohio law does limit the amount that can be withheld from your wages at any given time, as outlined in Step 2. If you are facing multiple garnishments, exploring options like trusteeship or debt counseling (Step 7 and 8) can be beneficial.

Q: Can a debt collector garnish my bank account directly in Ohio? A: Yes, in addition to wage garnishment, creditors can also attempt to garnish your bank accounts in Ohio after obtaining a judgment. The process for bank garnishment is different from wage garnishment, and certain funds in your bank account may also be exempt from garnishment.

Disclaimer: This information is for educational purposes only and does not constitute legal advice. If you are facing a wage garnishment in Ohio, it is crucial to consult with a qualified consumer law attorney to discuss your specific situation and legal options. The National Association of Consumer Credit Attorneys (NACCA) is a nationwide bar association whose members are attorneys who represent consumers in disputes with creditors and debt collectors. You can find a NACCA attorney in your area by visiting consumercreditlaw.org .