When a person owes money to another party, the creditor party may try to collect the money with the aid of a court of law. If the person files a lawsuit and wins, the judge will likely give him a civil judgment, declaring legally that the debtor owes him a specific amount of money. There are certain instances in which the debtor will not have to pay because of low income, although Ohio has no specific hardship law that prevents garnishment.
Garnishment
In Ohio, before a person can have his wages garnished, a creditor must first received the permission of a judge, who will legally order the garnishment. Any garnishment attempted or accomplished without the permission of a judge is illegal and should not be honored by the employer. Before the garnishment will go through, the individual will have a chance to contest the garnishment in a hearing.
Ohio Law
Ohio has a number of different laws that shield individuals from garnishment. These include exemptions for various forms and amounts of income. A full list of exemptions should be given to a lawyer with experience in debt; consult one before a hearing. These objections can also be raised in an appeal on a garnishment, which can be filed after a garnishment has been ordered.
Federal Law
In addition to garnishment laws specific to Ohio, there are also a number of situations in which an individual can be exempt from garnishment by federal law. For example, under federal law, a person cannot have his wages garnished if he makes under a certain amount of money. As of July 2011, this is limited to 25 percent of the debtor's earnings or the amount 30 times greater than these earnings -- whichever is less.
Considerations
When facing threat of a garnishment, consult with a lawyer with experience in debt law, a social service organization or a debt counseling firm. The lawyer or the organization can provide the debtor with specific strategies for fighting the debt garnishment. And the debt counselor may be able to head off the debt by negotiating a settlement or an alternate payment with the creditor.
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