Demand Letter

• After obtaining a court judgment, a creditor must send you a written demand for payment within at least 15 days, but not more than 45 days, before requesting the garnishment order. "This demand can be sent by certified mail, with return receipt requested, to your last known address, sent regular mail with a stamped certificate of mailing, or delivered by a process server," according to Codes.Ohio.gov. To avoid garnishment, you must pay the total balance due, complete the attached "Payment to Avoid Garnishment," and enclose a payment, or if you're not an Ohio resident, apply to the municipal or county court in the jurisdiction where your employment is located, for a trustee to handle the part of your wages that are not exempt from garnishment, and notify the creditor that you've made this request.
  
  

Hearing

• After you receive the garnish order from a creditor, you have a right to request a hearing within a certain period of time. If your bank account comes from an exempt source, include this information in your hearing request, and take documentation to your hearing as proof. You'll also have a chance to give your reasons for disagreeing with the garnishment. If you don't request a hearing within the time limit listed on your garnishment order, your funds will be given to your creditor.
  
  

Garnishment

• Under Ohio law, your employer may deduct up to 25 percent of your net disposable income, which is the amount you have left after taxes, each pay period until the debt is paid in full.
  
  

Exceptions

• Under Ohio law, income from SSI, worker's compensation, unemployment, Social Security or disability benefits, public benefits, or benefits from the Ohio Works First program cannot be garnished by creditors. If you directly deposit your benefits, your money will continue to be exempt.
  
  

Second Garnishment

• A second garnishment filing can interrupt the first garnishment order. If this happens, the first garnishment order will remain in effect for 182 days, if the second garnishment is the same priority. If the second garnishment is for child support, or a tax levy, the second garnishment is a higher priority, and the first garnishment will immediately cease.