One way creditors collect on debts after obtaining judgments is through wage garnishment. Understanding the process, as well as how an attorney can protect a client’s rights in a hearing, helps reduce debtor frustration and uncertainty. Here are a few points you should know about the hearing stage of this legal collection action.
Events of an Ohio Wage Garnishment Hearing
Creditors Must Give Garnishment Notices
Under Ohio law, creditors seeking to garnish a debtor’s wages based on judgments must give written notice at least 15 days before beginning proceedings. Debtors or their attorneys can try to make agreements with creditors during that time. If unsuccessful, the creditor notifies the employer of the garnishment, and the employer notifies their employee debtor.
Garnished Debtors Have a Right to a Hearing
Debtors who want to dispute wage garnishments must file written hearing requests with the court by the fifth business day after receiving a notice from their employers. The court must conduct a hearing within 12 days after it receives the debtor’s request. Debtors should hire or contact their attorneys immediately to give them sufficient time to assess the case and prepare for the hearing.
Debtors Are Given a Minimum Amount of Pay
Ohio law protects a minimum amount of pay, so a creditor can’t take a debtor’s whole paycheck. Generally, an amount for garnishment is subtracted from each paycheck until the full debt is paid, but deductions might not be continuous if the employer receives another order with higher priority, such as child support or a tax levy.
Individuals who are facing wage garnishment in Hamilton, OH, and the surrounding area turn to Harry B. Zornow for help. Applying more than 30 years of debt relief experience, this dedicated and compassionate attorney will assess your financial situation, explain your options, and advise you on the best course of action. Visit his website to learn more about his practice areas, or call (513) 737-9770 to schedule a consultation.