Wage Garnishment in Ohio After a Small Claims Judgment

Garnishing wages is one of the collection tools available after a win in small claims, and it is covered in the broader guide to how small claims courts work in Ohio. A small claims judgment by itself does not move any money. Wage garnishment is the court process that turns that judgment into an order directing an employer to withhold part of the debtor’s pay. This article explains the steps a creditor follows under Ohio Revised Code Chapter 2716, how much of a paycheck the law allows to be taken, and the exemptions a debtor can use to limit or stop it.

How garnishment follows a small claims judgment

A small claims judgment makes the defendant a “judgment debtor” and the plaintiff a “judgment creditor.” The judgment fixes the amount owed, but collecting it is a separate process. Wage garnishment is governed by Ohio Revised Code Chapter 2716, the same garnishment chapter that applies to judgments from municipal, county, and common pleas courts.

Ohio recognizes two kinds of garnishment. Garnishment of personal earnings reaches wages held by an employer. Garnishment of property other than personal earnings reaches money the debtor holds elsewhere, such as a bank account; under Ohio Revised Code § 2716.13, that form binds property over $400 in the garnishee’s hands. This article covers garnishment of personal earnings, the wage form.

The “garnishee” is the third party holding the debtor’s money. For wage garnishment, the garnishee is the employer. The court order tells the employer how much to withhold each pay period and where to send it. The same judgment can also support other collection methods, so garnishment is one option among several a creditor weighs after judgment.

The 15-day demand notice

Ohio requires a creditor to give the debtor a chance to pay before garnishing wages. Under Ohio Revised Code § 2716.02, the creditor must deliver a written “Notice of Court Proceeding to Collect Debt” to the debtor at least 15 days and not more than 45 days before seeking the garnishment order. The notice can be served personally by the court, sent by certified mail with return receipt requested, or sent by regular mail with a certificate of mailing.

The notice tells the debtor the amount owed and lists three ways to avoid garnishment within 15 days of the mailing date: pay the amount due, complete the attached “Payment to Avoid Garnishment” form and return it with any payment shown due, or apply to the local municipal or county court for the appointment of a trustee to receive the part of the earnings that is not exempt. The statute also points the debtor toward budget and debt counseling services that can set up a debt scheduling agreement.

If the debtor pays in full or returns a properly completed payment-to-avoid-garnishment form with the required funds, the creditor cannot proceed against that pay period’s earnings. The 15-day demand is a precondition; a garnishment filed without it is defective.

Filing the garnishment affidavit

When the 15-day window passes without full payment, the creditor moves to court. Under Ohio Revised Code § 2716.03, the creditor or the creditor’s attorney files a written affidavit that states the debtor’s name, the employer’s name and address as garnishee, that the 15-day demand required by § 2716.02 was made, and that the debtor did not pay enough to prevent garnishment. The affidavit also confirms the creditor has no knowledge that a trustee has been appointed or that the debt is in a qualifying debt scheduling agreement.

After the affidavit is filed, the court issues the order of garnishment. The clerk serves the order on the employer and notifies the debtor of the proceeding. The debtor receives a notice describing the right to a hearing and the categories of income that the law protects. The Franklin County Municipal Court Clerk publishes the wage garnishment forms and filing steps a creditor uses, which mirror the statutory forms.

1. Confirm the judgment is final

   Garnishment requires a final, enforceable money judgment. A judgment that is being appealed and has been stayed cannot be collected until the stay is lifted.

2. Send the 15-day demand

   The creditor delivers the Notice of Court Proceeding to Collect Debt to the debtor, then waits at least 15 days before seeking the order, as § 2716.02 requires.

3. File the affidavit with the court

   After the 15-day window passes without sufficient payment, the creditor files the § 2716.03 affidavit identifying the debtor and the employer-garnishee.

4. The court issues and serves the order

   The clerk serves the order of garnishment on the employer and sends the debtor a notice that explains the right to request a hearing.

A wage garnishment in Ohio is a continuous order. Under Ohio Revised Code § 2716.041, the order requires the employer to keep withholding the statutory amount each pay period until the judgment, interest, and court costs are paid in full, or until another listed event ends it, such as the appointment of a trustee, a bankruptcy stay, or a higher-priority order like a support order or an IRS levy. The employer may deduct a processing fee of up to $3 from the amount withheld each pay period.

How much of a paycheck can be garnished

Ohio and federal law both limit how much of each paycheck an ordinary garnishment can reach, and the lower limit controls. The amount is based on “disposable earnings,” meaning pay left after deductions required by law, such as taxes and the employee’s share of Social Security and Medicare.

The federal Consumer Credit Protection Act sets the ceiling for an ordinary (non-support, non-tax) garnishment at the lesser of two figures: 25 percent of disposable earnings, or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage. This limit is set by 15 U.S.C. § 1673. As explained in the U.S. Department of Labor Fact Sheet #30, with the federal minimum wage at $7.25 an hour, weekly disposable earnings of $217.50 or less cannot be garnished at all, and only the amount above $217.50 can be taken until 25 percent becomes the smaller figure.

Ohio’s exemption statute reaches the same result. Ohio Revised Code § 2329.66(A)(13) exempts the greater of 30 times the federal minimum wage (for a weekly pay period) or 75 percent of disposable earnings, which leaves at most 25 percent of disposable earnings subject to an ordinary wage garnishment.

Earnings and benefits that are exempt

Some income cannot be garnished at all, regardless of the 25 percent calculation. The notice the debtor receives lists the most common exempt benefits, and Ohio Revised Code § 2329.66 sets out the full catalog of exempt interests. Typical examples include workers’ compensation, unemployment compensation, cash assistance under the Ohio works first program, disability financial assistance, Social Security, Supplemental Security Income, veteran’s benefits, black lung benefits, and certain pensions.

Other categories of exempt property appear in the same statute. Under § 2329.66, a debtor may protect a limited interest in cash on deposit other than personal earnings, an interest in one motor vehicle, household goods up to a capped value, and tools of a trade up to a capped value. These dollar caps are adjusted for inflation on a three-year cycle, so the current figures should be checked against the statute.

When a creditor garnishes a bank account rather than wages, exempt funds traced to sources like Social Security or unemployment keep their protected character. The debtor raises an exemption by disputing the garnishment and requesting a hearing.

How a debtor can stop or limit a garnishment

A debtor has several ways to respond. The simplest is built into the 15-day demand: paying the amount due, or returning the payment-to-avoid-garnishment form with the calculated payment, stops the garnishment for that pay period under § 2716.02.

After an order issues, the debtor can request a hearing. The notice sent with the order explains that the debtor may dispute the garnishment, generally within five business days of receiving the notice, by delivering a request-for-hearing form to the clerk. A hearing on a wage garnishment is limited to whether the earnings are exempt or the order is otherwise improper; it is not a chance to relitigate the underlying judgment.

Two statutory off-ramps can end a continuous garnishment. A debtor can apply to the municipal or county court for appointment of a trustee under the process referenced in § 2716.02 and § 2716.041, paying the non-exempt portion of earnings to the trustee, who distributes it among creditors. A debtor can also enter a debt scheduling agreement with a budget and debt counseling service, which under Ohio Revised Code § 2716.03(B) can preclude a new garnishment as long as the scheduled payments stay current. Filing for bankruptcy triggers an automatic stay that halts garnishment as well.

Practical disputes often turn on the math. A debtor who believes the employer is withholding more than 25 percent of disposable earnings, or is reaching exempt benefits, can raise that at the hearing. The garnishment is one of several stages a creditor moves through after winning; the wider sequence is laid out in the guide to collecting an Ohio small claims judgment.