Can the City of Columbus Garnish Wages?
Wage garnishment occurs when an employer withholds a portion of an employee's weekly earnings to pay a debt. Federal laws monitor the extent of garnishment permitted in the United States, with each state setting its own laws within the parameters of the federal framework. In Ohio, state garnishment laws apply in all municipalities, including Columbus. The question of whether a court can garnish wages in Columbus requires a look at garnishment law and procedure in the state.
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Ohio Garnishment Process
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Permission to garnish wages in Ohio requires a three-part process. First, a creditor or other individual owed money must sue a debtor to obtain a judgment officially stating that the debtor owes a certain amount of money to the creditor. Upon obtaining such a judgment, the creditor must petition the courts for the right to garnish wages. If a judge grants the right to garnish wages, she awards the creditor with a writ of garnishment, a document verifying the legality of wage garnishment. Once awarded a writ, the creditor or individual owed money must present this document to the debtor's employer.
Permissible Reasons
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Ohio allows the garnishment of wages in instances of transgression on legally binding debt obligations, such as those accrued through loans, mortgages, or credit cards. The state also allows the garnishing of wages in instances unpaid of child support, unpaid taxes at the state and local level, and domestic and foreign judgments requiring financial remuneration, such as small claims decisions and lawsuits. In all instances other than unpaid taxes and child support, those granted a judgment may only petition for garnishment within the statute of limitations for each debt type. The statute of limitations in Ohio stands at four years for credit card debt, 15 years for a written contract and 21 years on domestic and foreign judgments, though creditors can renew this term.
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Authority to Garnish
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The authority to garnish wages lies exclusively with the courts of Ohio. Any level of court or judge in the state, from local to district to state supreme courts, may permit or deny a petition of wage garnishment. The court itself may take the initiative to demand garnishment in cases of unpaid child support or back taxes. In cases of unpaid taxes, courts need not undertake legal hearings, and hold the permission to simply issue a writ of garnishment in order to collect revenue. In cases of unpaid child support, the custodial parent must contact the state with regard to the case, but need not sue or petition for the right to garnishment if legal documents show clear neglect of payment.
Garnishment and the City of Columbus
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A handful of answers arise when asking whether the City of Columbus can garnish wages. As an employer, the City of Columbus must garnish the wages of a public employee when a court issues a writ of garnishment. As a legal authority, judges working for the City of Columbus hold the right to garnish wages in keeping with Ohio law when an individual files a petition to garnish. In cases of unpaid taxes owed to the city or child support owed within the city, the city itself can take legal action and issue a petition of garnishment. Simply put, in all instances, the City of Columbus can garnish wages within the parameters of Ohio garnishment laws.
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References
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