Ohio Procedural Requirements for Wage Garnishment

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Ohio Procedural Requirements

Any person seeking an order of garnishment shall make a demand in the form prescribed by Statuteute [1]. Ohio Rev. Code Ann. _ 2716.02. A proceeding for garnishment of property, other than personal earnings, may be commenced after a judgment has been obtained by a judgment creditor by the filing of an affidavit in writing made by the judgment creditor, his agent, or his attorney setting forth: (1) the name of the judgment debtor whose property, other than personal earnings, the judgment creditors seeks to garnish; (2) that the affiant has good reason to believe and does believe that the person named in the affidavit as the garnishee has property, other than personal earnings, of the judgment debtor that is not exempt under the law of this Statutee or the United Statutees; (3) a description of the property. Ohio Rev. Code Ann. _ 2716.11.

The affidavit shall be accompanied by one dollar as the garnishee's fee for compliance with the order, no part of which shall be charged as court costs. Ohio Rev. Code Ann. _ 2716.12.

Upon the filing of a proceeding in garnishment, the court shall cause the matter to be set for hearing within twelve days thereafter. Upon the scheduling of a hearing, the clerk of the court immediately shall issue to the garnishee three copies of the order of garnishment together with the garnishee's fee and with a written notice that the garnishee answer as provided in _ 2716.21.

The copies of the order and notice shall be served upon the garnishee in the same manner as for the service of a summons. The order shall bind the property, other than personal earnings, of the judgment debtor in the possession of the garnishee from the time of service. At the time of filing of a proceeding in garnishment, the judgment creditor also shall file with the clerk of the court a praecipe instructing the clerk to issue to the judgment debtor a notice and a hearing request form. Upon receipt of the praecipe and the scheduling of a hearing, the clerk of the court immediately shall serve (by ordinary or regular mail unless the judgment creditor requests that service be made in accordance with the Rules of Civil Procedure) upon the judgment debtor two copies of the notice to judgment debtor and hearing request form. Ohio Rev. Code Ann. _ 2716.13.

Evidenced by return receipt signed by any person, service of any process shall be by certified mail, postage prepaid, unless otherwise permitted by the Rules of Civil Procedure. When the plaintiff files a written request with the clerk for personal service or residence service, service of process shall be made by that method. Ohio R. Civil. P. 4.1.

Interest Rate at which Judgments Accrue

Upon all judgments, decrees, or orders, rendered on any bond, bill, note, or other instrument of writing containing stipulations for the payment of interest in accordance with _ 1343.01, interest shall be computed until payment is made at the rate specified in such instrument. Ohio Rev. Code Ann. _ 1343.02.

Upon all judgments, decrees, and orders of any judicial tribunal for the payment of money arising out of tortious conduct or a contract or other transaction, the creditor is entitled to interest at the rate of ten per cent per annum. Ohio Rev. Code Ann. _ 1343.03.

Applicable Forms Ohio Rev. Code Ann. _ 2716.02. Ohio Rev. Code Ann. _ 2716.13. 1 Section 2716.02 prescribes different forms if the judgment creditor seeks an order of garnishment of personal earnings or if the judgment is for money owed for health care services rendered or health care supplies provided to the judgment debtor or his dependent.