Wage garnishment can quickly disrupt your financial stability—especially if you’re already struggling to make ends meet. So, how does wage garnishment work in Ohio? In Ohio, wage garnishment is a legal process that allows creditors to withhold up to 25% of your disposable income after a court judgment is issued. Creditors generally need to obtain a court order following the judgment to legally garnish wages.
As a debt relief expert with extensive knowledge of Ohio’s collection laws, I’ll explain exactly what to expect, how to stop or reduce garnishment, and your rights under Ohio law.
What Is Wage Garnishment and Key Concepts
Wage garnishment is when your employer is legally required to withhold a portion of your paycheck to repay a debt. Mandatory deductions, such as taxes and social security, are subtracted from gross income to determine disposable income. It’s typically initiated after a court judgment or order has been issued against you.
Key Terms to Know
- Disposable income: The amount left after legally required deductions like taxes and Social Security.
- Garnishment order: A court-issued directive requiring your employer to withhold wages.
- Judgment creditor: The person or entity to whom you owe money.
- Judgment debtor: You, the individual who owes the debt.
- Exemption: A legal claim that protects part or all of your wages from garnishment.
Why Wage Garnishment Matters to Ohio Residents
For many Ohio residents, wage garnishment is more than a financial inconvenience—it’s a major barrier to covering basic living expenses. This is especially true if:
- You already live paycheck to paycheck.
- You’re dealing with medical debt, unpaid credit cards, or old loans.
- You were unaware of the lawsuit until garnishment began.
The number of dependents you can claim on your tax return can influence the amount of income exempt from garnishment.
Warning Signs Garnishment May Be Coming
- You’ve received a court summons or notice of a lawsuit.
- You missed a debt collection hearing or failed to respond to legal documents.
- You’re getting letters about a pending default judgment.
Knowing how wage garnishment works in Ohio can help you take fast, decisive action before your income is impacted.
Step-by-Step Guide to Stop Wage Garnishment in Ohio
1. Confirm There’s a Judgment Against You
Check with the county court clerk where you live to see if a judgment has been entered. A judge must find the debtor legally obligated to pay the creditor before issuing a court order for garnishment. If not, garnishment cannot proceed legally.
2. Request a Hearing
You can file a Request for Hearing using Form 20 from the Ohio Supreme Court within 5 business days of receiving the garnishment notice. The debtor must be notified when a creditor applies for a garnishment order, giving them the opportunity to request a hearing.
3. Claim Exemptions
At your hearing, argue for an exemption under Ohio law if the garnishment would create undue financial hardship. Certain assets, such as retirement benefits and social security, are protected from garnishment. Ohio Revised Code § 2716.02 provides protection in specific cases.
4. Negotiate With the Creditor
Before garnishment starts, contact the creditor or their attorney to work out a payment plan or settlement. This can stop the garnishment process entirely.
5. Consider Bankruptcy
If the debt is overwhelming, filing Chapter 7 or Chapter 13 bankruptcy will initiate an automatic stay, halting all garnishment actions immediately.
The bankruptcy process triggers an automatic stay, halting all collection actions including wage garnishment.
Understanding the Automatic Stay and Its Impact on Garnishment
Filing for bankruptcy is often the most immediate way to stop a wage garnishment in Ohio. Once you file for either Chapter 7 or Chapter 13 bankruptcy, an automatic stay goes into effect.
The automatic stay is a federal court order that halts most collection actions—including wage garnishment—the moment your bankruptcy case is filed.
This stay applies to all creditors and prevents:
- Wage garnishment
- Bank account levies
- Collection calls or letters
- Lawsuits for unpaid debts
How It Works
- The stay begins immediately upon filing with the bankruptcy court.
- Your employer will be notified by the court or your attorney to stop withholding wages.
- The garnishment cannot resume unless the creditor gets special permission from the court (a motion to lift the stay).
The automatic stay remains in effect throughout the bankruptcy process unless it is lifted by the court. If the case is dismissed, garnishment may resume.
Important: The automatic stay doesn’t apply to all debts. Garnishments for child support, alimony, or certain tax debts may continue. Always consult a bankruptcy attorney to understand how this applies to your situation.
Wage Garnishment Options and Alternatives in Ohio
You’re not without choices. Consider the following routes:
Negotiating with creditors or filing for bankruptcy are effective strategies to stop garnishment.
- Debt Settlement
- Pros: Can reduce total owed
- Cons: May impact credit; must negotiate effectively
- Payment Plans
- Pros: Stops garnishment before it begins
- Cons: Requires creditor approval
- Claiming Hardship
- Pros: Legal protection from garnishment
- Cons: Must prove significant financial impact
- Bankruptcy
- Pros: Immediate stop to garnishment
- Cons: Serious long-term financial consequences
Wage Garnishment Option Comparison
| Option | Stops Garnishment? | Impact on Credit | Cost | Best For |
|---|---|---|---|---|
| Payment Plan | Yes | Low | Low | Those with steady income |
| Settlement | Sometimes | Moderate | Negotiated amount | Those with lump sum |
| Hardship Claim | Possibly | None | Free | Low-income individuals |
| Bankruptcy (Ch. 7/13) | Yes | High | Filing + legal fees | Severely indebted individuals |
Ohio-Specific Wage Garnishment Laws and Limits
Wage garnishment laws in Ohio are outlined in the Ohio Revised Code § 2716. Some unique aspects include:
- Maximum garnishment: Up to 25% of disposable income or the amount by which weekly wages exceed 30 times the federal minimum wage—whichever is less.
- Special protections: Child support, student loans, and tax debts follow different rules with higher withholding limits.
- Federal student loans have specific rules allowing the government to garnish wages without a court order.
- Employer obligations: Employers must comply within 5 business days of receiving the garnishment order.
Where to Access Ohio Legal Forms:
How Ohio Courts Process Garnishment Orders
Understanding how wage garnishment moves through Ohio’s court system can help you take control early in the process.
The Court Process in Ohio
- Creditor Files a Lawsuit
The creditor sues you in county municipal or common pleas court. If you don’t respond or lose the case, the court enters a judgment. - Creditor Files a Garnishment Affidavit
After the judgment, the creditor submits a Garnishment Affidavit and Order of Garnishment to the court. This begins the formal garnishment request. - Court Issues a Garnishment Order
The court reviews the documents and, if proper, issues a Garnishment Order to your employer. - You Are Notified
You will receive a Notice of Garnishment and a copy of Form 20 – Request for Hearing. You have 5 business days to respond if you believe the garnishment is improper or poses a hardship. - Employer Compliance
Your employer must start withholding from your paycheck within 5 business days of receiving the order and send payments to the court or creditor.
This process ensures due process but can move quickly—often within 2–4 weeks. Being proactive is key to protecting your income before the order is finalized.
Download our Ohio Wage Garnishment Hearing Checklist to stay prepared
Ohio Head of Household Exemption and Wage Garnishment
What is the head of household exemption for wage garnishment in Ohio?
In Ohio, heads of household can claim an exemption from wage garnishment if they provide more than half of the financial support for their dependents.
If you are the head of a household in Ohio, you may qualify for a partial or full exemption from wage garnishment under specific state laws.
Ohio law allows heads of household to claim an exemption from wage garnishment if their earnings support dependents who rely on them for more than half their financial needs.
Who Qualifies as Head of Household?
To be considered a head of household in Ohio for garnishment purposes, you must:
- Provide more than 50% of the financial support for a dependent (e.g., child, spouse, elderly parent)
- Be responsible for housing, food, medical care, and other living expenses
- Be able to prove this support with documentation (pay stubs, utility bills, dependent’s income records, etc.)
How to Claim the Exemption
- File a Request for Hearing (Form 20) within 5 business days of receiving the garnishment notice.
- At the hearing, present evidence of your head-of-household status, including:
- Tax returns showing dependent claims
- Bills or bank statements demonstrating financial responsibility
- The court may reduce or block the garnishment based on your family’s financial need.
Why This Matters
This exemption offers critical relief for families struggling to meet basic needs. If granted, it may significantly reduce or eliminate wage withholding, helping you preserve income for essentials like housing, food, and healthcare.
Take Action Now to Protect Your Paycheck
Wage garnishment doesn’t have to derail your life. Whether you’re being threatened with garnishment or already losing income, you have legal options to stop it or reduce its impact. Don’t wait—act now to protect your paycheck and your future.
Speak with a qualified debt relief attorney or bankruptcy professional in Ohio who can review your case and advise you on the best path forward. Delaying could cost you hundreds each paycheck.
Resources
- Ohio Revised Code § 2716 – Wage Garnishment
- Ohio Legal Help – Wage Garnishment Guide
- How to Stop Wage Garnishment in Ohio
- U.S. Department of Labor – Wage Garnishment Fact Sheet
Frequently Asked Questions
What is the maximum wage garnishment in Ohio?
Ohio law limits wage garnishment to 25% of your disposable earnings or the amount your income exceeds 30x the federal minimum wage—whichever is lower.
Can I stop a wage garnishment once it starts in Ohio?
Yes, you can request a hearing, file for bankruptcy, or reach a voluntary agreement with the creditor to stop or modify the garnishment.
How long does wage garnishment last in Ohio?
Garnishment continues until the debt is paid in full, unless you take legal action or settle the debt with the creditor.
Can I be fired for wage garnishment in Ohio?
No, federal law prohibits employers from firing employees due to a single garnishment. Federal law protects employees from being fired due to a single wage garnishment. Multiple garnishments may complicate your protections.
How do I file an objection to wage garnishment in Ohio?
Complete and submit Form 20 (Request for Hearing) within 5 business days of receiving the garnishment notice to the court.
Is Social Security income protected from garnishment?
Yes, Social Security and certain other government benefits are typically exempt from garnishment under both federal and Ohio law.
