Minnillo & Jenkins, CO. LPA
Call 513-723-1600
For A No-Pressure, Free Consultation

Consumer debt and the garnishment of property in Ohio

We recently discussed the importance of seeking legal advice from a Hamilton County bankruptcy law attorney when creditors resort to wage garnishment to collect a consumer debt. Another form of debt collection procedure authorized by Ohio law that can be equally harmful to a debtor is the garnishment of property other than earnings or wages.

Consumers who fall upon hard times because of unemployment or unexpected illness or injury risk more than just creditor harassment and abusive debt collection tactics. A person to whom money is owed may file a lawsuit against the debtor. If he or she is successful, the court will award the creditor a judgment for the amount that is owed.

Armed with the judgment, a creditor may commence a proceeding asking an Ohio court to order that property of the debtor in the possession of a third party be used to satisfy the debt. For example, a property garnishment may be used to seize money that you have on deposit in a checking or savings account at a bank.

The law exempts the first $400 of your personal property from being seized. So, if you have $600 in the bank, a creditor could obtain an order directing that $200 of it be applied to repay a judgment. Other debtor property that is exempt from a property garnishment includes:

  • Benefits received from workers' compensation
  • Unemployment benefits
  • Money received from state programs such as the works first program
  • Disability payments from the state department of job and family services
  • Social Security payments
  • Benefits received by veterans from the federal government

There other state and federal benefit programs that may be exempt from garnishment to satisfy a consumer debt. An attorney would be the best source of information and legal advice for a consumer who is the target of debt collection efforts.

No Comments

Leave a comment
Comment Information
Email Us For A Response

How Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact us right now for a free bankruptcy consultation

NACBA - National Association of Consumer Bankruptcy Attorneys

Proud Member NACBA

We are proud members of the NACBA, a national organization dedicated to serving the rights of consumer debtors. Read More

Super Lawyers

Jenkins Named Super Lawyer!

Founding partner, Christian A. Jenkins, was selected by his peers and the media as a Super Lawyer. Read More

Cincinnati Office
2712 Observatory Avenue
Cincinnati, OH 45208

Phone: 513-723-1600
Cincinnati Law Office Map

Cincinnati Office
792 Eastgate South Dr
Suite 150
Cincinnati, OH 45245

Phone: 513-685-0612
Cincinnati Law Office Map

Fairfield Office
447 Nilles Rd
Suite 9
Fairfield, OH 45014

Phone: 513-795-0995
Fairfield Law Office Map

Covington Office
526 Philadelphia St.
Covington, KY 41011

Phone: 513-795-0995
Map & Directions