How to Garnish Wages According to Ohio Law
- 1). Obtain a garnishment packet from the clerk in the court where your judgment was entered. The garnishment packet should contain the following documents: a Notice of Court Proceeding to Collect Debt; an Affidavit of Garnishment; a Court Order of Garnishment; a Notice of Garnishment; a Notice to Judgment Debtor/Request for Hearing; an Interim Report and Answer; an Employer Guide to Processing Continuous Orders of Garnishment; and a Final Report and Answer. Note that, although each county administers wage garnishments according to state law, they each produce their own unique forms. Collect your forms from the appropriate court.
- 2). Complete the Notice of Court Proceeding to Collect Debt form and make copies for yourself. Arrange for delivery of the form to the judgment debtor. There are several approved methods of delivery. First, you may have an officer of the court serve the notice on the debtor. Second, you may send the notice by certified mail, return receipt requested. Third, and finally, you may send the notice by regular mail as long as you obtain a complete, stamped certificate of mailing. This third option is the cheapest, and recommended. Retain your receipt, no matter which option you have chosen. Without proof of delivery, you must start again. Before continuing, wait at least 15 days, and not more than 45.
- 3). Collect all the documents in the garnishment packet, including your copy of the Notice of Court Proceeding to Collect Debt form, which was earlier sent to the judgment debtor, and your receipt of delivery. Take these to the clerk in the court where your judgment was entered. Determine whether the clerk requires extra copies of the forms, and in what quantities. This may vary from county to county. Make the copies as directed.
- 4). Submit the documents to the clerk, along with any required fee. The clerk will arrange to have the documents served on the employer. By law, the employer has five days to answer the garnishment order. The employer's answer will include a calculation of the garnishment amount and the garnished funds for that pay period. Thereafter, each pay period, the employer will withhold the appropriate amount of wages and transfer it to the court until the debt is satisfied. You may collect the wages from the clerk of the court.
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