How to Collect Debt in Ohio

Collecting a debt in Ohio must begin with a civil lawsuit filed by the creditor against the debtor. If the amount owed is less than $3,000, the lawsuit must be filed in small claims court, but for debts greater than $3,000 the lawsuit will be filed in district court, which oversees cases up to $25,000. Regardless which court is appropriate, to collect a debt, a lawsuit must be filed and a judgment entered on the creditor's behalf.

Instructions

Small Claims Court

1

File a lawsuit in the appropriate court against the person or business, the debtor, that owes you money. Small claims court hears cases with values less than $3,000, while the district court handles cases valued up to $25,000.

For a lawsuit in small claims or district court, your complaint must list the full name of the person you are suing, as well as their contact information so the court can notify him of the lawsuit. You must describe the circumstances as well as how much money is owed you, including court costs and interest if applicable. Ohio laws do not allow for reimbursement of lost wages for time spent preparing or filing the lawsuit.

Attach copies of any evidence the money is owed to you, such as receipts or contracts, as well as the names and addresses of any witnesses who can testify to the validity of your claim. At court, you'll fill out a form with similar information to verify the name and address of the person you are suing as well as the reason and amount owed.

2

Receive a judgment from the court that states that the debtor owes the money. The court typically allows the debtor at least 30 days to repay the debt. At that time, if the debt has not been satisfied, the creditor may start proceedings to garnish money from the debtor. A garnishment is a court-ordered action that automatically diverts money from paychecks, bank accounts or income taxes to repay a debt. A garnishment is allowed only with approval from the court.

3

Obtain and file garnishment forms and related documents from the clerk of the court who heard your case. The supporting documents include an original notarized Affidavit of the Judgment Creditor, an original and two copies of the Notice of Judgment Debtor, the Court Order and two copies of the Notice of Garnishment, with the name and address of the defendant's employer, as well as your filing fees. The documents needed are provided to you at the conclusion of the lawsuit in small claims or district court.