Monday, January 27, 2003

How to Stop a Wage Garnishment in Ohio

How to Stop a Wage Garnishment in Ohio

Wage garnishment is the court-ordered interception of part of your wages to satisfy a debt over time. Having your wages garnished in Ohio depletes your income and may cause you to struggle financially. Your employer takes out the amount directed by the order each time you get paid and forwards the money to the creditor. Ohio laws do not provide for an undue hardship exemption due to a garnishment order, but you may be able to stop the wage garnishment entirely.

Instructions

    1

    Contact the creditor garnishing your wages by phone or mail. Offer to make a repayment agreement to cease the garnishment; Ohio law provides that an order for garnishment may be halted or modified at the creditor's request. Get any repayment agreement you make in writing and make sure the agreement includes a provision for stopping the garnishment.

    2

    Check your records if the creditor was included in a debt management or budget plan through a counseling agency. Review your payment dates to the debt counseling service. Ohio law does not allow a creditor who is part of a debt management plan to garnish your wages unless your debt plan payment was more than 45 days late; however, if the credit counseling company was the party who paid late, you are subject to garnishment. File a motion to halt the garnishment in the court where the order was issued if you have proof of timely debt counseling payments that include the garnishing creditor.

    3

    File for bankruptcy in the Ohio district court responsible for your area. The garnishment will cease as soon as the creditor receives notice of the automatic stay you receive upon filing.

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