How to Get a Wage Garnishment Lifted in Ohio
In Ohio, creditors can obtain judgments against debtors for unpaid delinquent debts. After a hearing or when debtors fail to respond to a legal complaint within 28 days of service of process, Ohio law allows courts to enter a judgment against them. Judgment creditors can garnish debtors' wages, lien their personal and real property, or enter into payment agreements with them. Under Ohio law, creditors who pursue wage garnishments against debtors can garnish up to a quarter of their weekly wages. Furthermore, creditors cannot garnish wages that are exempt from wage garnishments if designated as exempt. Exempt wages include student loans, workers' compensation benefits and Social Security benefits.
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Instructions
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Attempt to enter into a settlement agreement with your creditor allowing you to pay less than you owe or allowing you to extend the time in which you can pay off your debt. If your creditor agrees or stipulates to a new amount, you can enter the stipulated agreement into a binding consent judgment and court order.
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Find an attorney specializing in debt collections or bankruptcy law. Alternatively, you can apply for legal aid by visiting a local legal aid center or obtaining a referral from the Ohio State Bar Association. As a last resort, you may also appear pro se and file your case without an attorney .
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Obtain a Request for Hearing form and Notice to Judgment Debtor from the Ohio Clerk of Courts. If your creditor will not agree to a consent judgment or stipulation, you will need to request a hearing in front of a local Ohio Court of Common Pleas judge.
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File a Request for Hearing with your local Ohio Court of Common Pleas to challenge your wage garnishment order. Ohio law prohibits creditors from garnishing more than one-fourth of your weekly net earnings. Your net earnings are your disposable weekly wages after taxes and any child-support payments, government benefits and student loans.
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Provide the legal basis as to why you are challenging your wage garnishment on the Request for Hearing form. Although you do not have to provide a reason on the form and can provide a reason during your hearing, it may be a good idea to include a reason to expedite your hearing.
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Mail the Request for Hearing form within five business days after you receive the court's Notice to Judgment Debtor.
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Attend your hearing. The Ohio Clerk of Courts will set your hearing within 12 days of receiving the Request for Hearing form.
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Tips & Warnings
Your employer cannot legally terminate you based solely on the wage garnishment. However, under Ohio law, your employer has a right to terminate you for more than one wage garnishment ordered within a year.
It is too late to challenge your wage garnishment based on a claim that you are not legally responsible for your judgment or debts. A challenge to the legal validity of your wage garnishment should have been raised during the first hearing before your creditor obtained an order.
