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Ohio Garnishment Rules:
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Wage garnishment is a legal procedure where a portion of a person's earnings is withheld by their employer for the payment of a debt. In Ohio, creditors can garnish wages after obtaining a court order.
Filing for bankruptcy triggers an automatic stay that immediately stops most garnishments. This protection applies to Chapter 7 and Chapter 13 bankruptcy filings.
Details: Without bankruptcy protection, Ohio law allows garnishment of up to 25% of disposable earnings or the amount by which weekly earnings exceed 30 times the federal minimum wage, whichever is less.
Tips: Simply select whether bankruptcy has been filed to determine garnishment status. If bankruptcy has been filed, garnishment will be $0 due to automatic stay protections.
Q1: Does bankruptcy stop all garnishments?
A: Bankruptcy stops most garnishments, but some exceptions exist like child support, alimony, and certain tax debts.
Q2: How long does the garnishment stay last?
A: The automatic stay remains in effect for the duration of the bankruptcy case or until the court lifts it.
Q3: Can creditors garnish after bankruptcy?
A: For discharged debts, no. Creditors cannot attempt to collect on debts that were included in the bankruptcy.
Q4: What if garnishment continues after filing?
A: You should notify the bankruptcy court immediately as this violates the automatic stay.
Q5: Does Chapter 13 stop garnishment?
A: Yes, Chapter 13 stops garnishment and includes a repayment plan for debts.