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Garnishment – Ohio law

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Garnishment

NewAsk your questions about garnishment law here.

Ohio Revised Code (ORC) – Title 27 | Chapter 2716

As of January 5, 2009
Source: Lawwriter – Ohio laws and rules

See: Significant Changes to Garnishment Proceedings in Ohio – Senate Bill 281 Becomes Law On September 30, 2008

Garnishment

NewAsk your questions about garnishment law here.

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Written by Tom Fox

January 5, 2009 at 9:23 pm

3 Responses

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  1. Garnishments involving State of Ohio employees

    There is a seeming unresolved conflict between 27 ORC §2716.02(A), 27 ORC §2716.03(A), and 1 ORC §124.10.

    27 ORC §2716.02(A) sets a 15 day limit for a judgment-debtor employee to respond to the Debt Notice & Demand set forth in that section before a garnishment proceeding may commence under §2716.03. That Debt Notice & Demand is not normally served upon the judgment-debtor’s employer.

    1 ORC §124.10 states that a garnishment proceeding cannot be commenced until 30 days after service of notice upon Ohio’s Director of Administrative Services.

    It would seem that the initial Debt Notice & Demand of §2716.02 is also simultaneously served upon the Director of Administrative Services, or there is an additional step inserted after service of the notice upon the judgment-debtor and before the commencement of a garnishment proceeding.

    tomwfox

    January 23, 2009 at 5:22 pm

  2. AKRON MUNICIPAL COURT A LEGAL CORPORATION
    I recently received a Notice To Judgment Debtor of Property Other than Personal Earnings and that the courts found in favor of the creditor which allowed the creditor access to my Business account for a personal debt dated 08/03/10. I notice that the court records stated I was served by certified mail 08/04/10 which I did not get & there’s no record showing the mail was returned.
    After viewing the Ohio Revise Codes sec 2329.66, 2716.11 & 2716.13 my account would be exempt. Also, a hearing should be set twelve days after the filing & I should received 3 copies of the order of garnishment of property and the affidavit the creditor filed should be on record as well; however, I did not receive “ORDER AND NOTICE OF GARNISHMENT OF PROPERTY OTHER THAN PERSONAL EARNINGS AND ANSWER OF GARNISHEE” SECTION A. COURT ORDER AND NOTICE OF GARNISHMENT and I did not answer SECTION B. ANSWER OF GARNISHEE, I cannot find the AFFIDAVIT or the PRAECIPE a written motion which is LATIN for “COMMAND” that the Judgment creditor filed.
    The Akron Municipal Court only mailed the Notice To Judgment Debtor of Property Other than Personal Earnings, which would be the last step in the garnishment process. Instead of me getting a hearing for 08/13/10 they put a hold on my Business Account and on the 08/17/10 they tried to remove the funds on the account then gave me what they called a “Special Hearing” in Sept.
    For those who are not aware, the courts are allowing creditors access to individuals personal account even if their only means of support is:
    Workers’ Comp – Unemployment – Cash Assistance – Social Security Benefits – Supplemental Security Income – Veteran’s Benefits – Black Lung Benefits – Certain Pensions – Disability Financial Assistance – Benefits and Services Under the Prevention, Retention and Contingency Program
    They claim these benefits cannot be attached or executed upon by a creditor but the court are given permission
    As for myself wish me luck,

    Mo

    August 20, 2010 at 8:07 pm

  3. Can ohio child support take from my buisness account ? They did with oit me knowing and by doing so it caused my buisness to have checks bounce . putting me in a place to be prosicuted by law

    ed

    November 3, 2013 at 4:35 pm


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