How to Stop a Wage Garnishment in Ohio
Receive a demand letter and notice of wage garnishment., Fill out the payment form., Have your employer sign the form., Return the payment form to the creditor., Make payments as agreed.
Step-by-Step Guide
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Step 1: Receive a demand letter and notice of wage garnishment.
After the creditor receives the order from the court, it will send a letter to you requesting payment of the judgment amount.
Typically demand letters are sent between 15 and 45 days after the judge issues the order.
If you do not respond to the demand letter, you will receive wage garnishment paperwork and a notice from your employer.
The demand letter must follow a specific form set forth in Ohio state law.
It must provide you with the name of the court, the total amount of the judgment, and the date it was entered.
Additionally, it must provide you with information about options available to you to avoid wage garnishment.If you do nothing in response to the demand letter, the creditor will begin court proceedings to garnish your wages until the debt is paid in full.
The notice should include a form titled "Payment to Avoid Garnishment." If you intend to use this method to stop wage garnishment, you must complete the form and return it to the creditor within 15 days of the date on the letter or notice to which the form was attached. -
Step 2: Fill out the payment form.
There may be a form attached to your demand letter or notice that enables you to voluntarily make periodic payments without going through the formal garnishment process.
If a payment form was not included and you want to use this method, you may be able to get one from the clerk's office at your nearest municipal or common pleas court.
The Ohio State Legal Services Association also has forms and instructions available online.
The payment form includes blanks to calculate the amount of your payments that will be made out of each paycheck.
It requires information such as the amount of your earnings and how often you get paid.
You will have to calculate amounts equal to 25 percent of your wages, as well as the proportion by which your earnings exceed the federal minimum wage.
Your payment will be the lesser of these amounts. , Your employer must verify the earnings information you entered on the form and sign it.
You also can get your employer to fill out the information for you.
Both you and your employer must sign the form under a statement that you're certifying the information on the form is true.
After the form is signed, make copies for your records before you send it to the creditor.
Your employer also may want a copy of the form for your personnel file or other employment records. , You must return the form with the payment shown within 15 days of the date on your demand letter or notice.
You may want to send the form using certified mail so you know when it was received.
Keep your copy of the receipt for your records.
When the creditor receives your form with the payment amount shown, wage garnishment proceedings must stop. , If you don't continue to make the payments calculated on the form until the debt is paid in full, the creditor regains the right to garnish your wages.
Keep track of your payments, and request periodic statements from the creditor so you can verify that the records match.
When you've paid in full, contact the creditor to make sure the creditor files a form with the court indicating that the judgment has been satisfied. -
Step 3: Have your employer sign the form.
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Step 4: Return the payment form to the creditor.
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Step 5: Make payments as agreed.
Detailed Guide
After the creditor receives the order from the court, it will send a letter to you requesting payment of the judgment amount.
Typically demand letters are sent between 15 and 45 days after the judge issues the order.
If you do not respond to the demand letter, you will receive wage garnishment paperwork and a notice from your employer.
The demand letter must follow a specific form set forth in Ohio state law.
It must provide you with the name of the court, the total amount of the judgment, and the date it was entered.
Additionally, it must provide you with information about options available to you to avoid wage garnishment.If you do nothing in response to the demand letter, the creditor will begin court proceedings to garnish your wages until the debt is paid in full.
The notice should include a form titled "Payment to Avoid Garnishment." If you intend to use this method to stop wage garnishment, you must complete the form and return it to the creditor within 15 days of the date on the letter or notice to which the form was attached.
There may be a form attached to your demand letter or notice that enables you to voluntarily make periodic payments without going through the formal garnishment process.
If a payment form was not included and you want to use this method, you may be able to get one from the clerk's office at your nearest municipal or common pleas court.
The Ohio State Legal Services Association also has forms and instructions available online.
The payment form includes blanks to calculate the amount of your payments that will be made out of each paycheck.
It requires information such as the amount of your earnings and how often you get paid.
You will have to calculate amounts equal to 25 percent of your wages, as well as the proportion by which your earnings exceed the federal minimum wage.
Your payment will be the lesser of these amounts. , Your employer must verify the earnings information you entered on the form and sign it.
You also can get your employer to fill out the information for you.
Both you and your employer must sign the form under a statement that you're certifying the information on the form is true.
After the form is signed, make copies for your records before you send it to the creditor.
Your employer also may want a copy of the form for your personnel file or other employment records. , You must return the form with the payment shown within 15 days of the date on your demand letter or notice.
You may want to send the form using certified mail so you know when it was received.
Keep your copy of the receipt for your records.
When the creditor receives your form with the payment amount shown, wage garnishment proceedings must stop. , If you don't continue to make the payments calculated on the form until the debt is paid in full, the creditor regains the right to garnish your wages.
Keep track of your payments, and request periodic statements from the creditor so you can verify that the records match.
When you've paid in full, contact the creditor to make sure the creditor files a form with the court indicating that the judgment has been satisfied.
About the Author
Richard Gibson
Writer and educator with a focus on practical home improvement knowledge.
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