Ohio Laws on Wage Garnishments, Statute of Limitations on Debt and Bankruptcy Property Exemptions
WAGE GARNISHMENT EXEMPTION: Federal law applies
MAXIMUM INTEREST RATE: Legal: 10% Judgment: 10%
STATUTE OF LIMITATIONS ON ENFORCEMENT:
Open Account (credit cards) 4 years
Written Contract: 15 yearDomestic Judgment: 21 years (renewable)Foreign Judgment: 21 years (renewableBAD CHECK LAW DAMAGES: $200 or three times the amount of check and attorney fees, whichever is greater
OHIO BANKRUPTCY PROPERTY EXEMPTIONS (Ohio Revised Code):
Cannot use federal exemptions, but can use federal non-bankruptcy exemptions
The State of Ohio has exempted the property and income below from seizure by the bankruptcy court to pay creditors:
Real Property: Real or personal property claimed as residence to $5,000 [2329.66(A)(1)(b)]
Personal Property: Animals, crops, books, musical instruments, clothing, appliances, household goods, furnishings, jewelry, sporting equipment and firearms up to $200 per item; refrigerator and stove up to $300 each, one item of jewelry up to $400, not to exceed $1,500 total; however, can claim $2,000 total if real estate exemption not used [2329.66(A)(3), 2329.66(A)(4)(b) and (d), 2329.66(A)(c) and (d)]; motor vehicle up to $1,000 [2329.66(A)(2)]; bank deposits, cash and money due within 90 days, security deposits and tax refunds, up to $400 total [2329.66(4)(a)]; health aids, unlimited amount [2329.66(A)(7)]; beds, bedding and clothing up to $200 per item [2329.66(A)(3)]; burial plot, unlimited amount [517.09 and 2329.66(A)(3)]; implements, books and tools of trade up to $7,500 [2329.66(A)(5)]; lost future earnings, amount needed for support if received during 12 months before filing bankruptcy [2329.66(A)(12)(d)]; wrongful death recoveries, amount needed for support if received during 12 months before filing bankruptcy [2329.66(a)(12)(b)]; personal injury recoveries up to $5,000 if received during 12 months before filing bankruptcy, but not for pain and suffering [2329.66(A)(12)(c)]
How to Deal with Debt Collectors
Federal and State Laws Regarding Debt Collection
State Laws Regulating Wage Garnishments
Insurance / Annuities: Benevolent society benefits up to $5,000 [2329.63 and 2329.66(A)(6)(a)]; disability benefits to $600 per month [2329.66(A)(6)(e) and 3923.19]; benefits from fraternal society, unlimited amount [2329.66(A)(6)(d) and 3921.18]; group life insurance policy or proceeds, unlimited amount [2329.66(A)(6)(c) and 3917.05]; life, endowment or annuity benefits for spouse, child or dependent, unlimited amount [2329.66(A)(6)(b) and 3911.10]; life insurance proceeds for a spouse, unlimited amount [3911.12]; life insurance proceeds if proceeds cannot be used to pay beneficiary's creditors, unlimited amount [3911.14]
Pensions / Retirement Plans: Retirement benefits, IRAs and Keoghs, amount needed for support [2329.66(A)(10)(b) and (c)]; public school employees, unlimited amount [3307.71 and 3309.66]; firefighters and police officers, (both pensions and death benefits), unlimited amount, state highway patrol employees, dependents of volunteer firefighters, and public employees, unlimited amount [2329.66(A)(10)(a)]
Public Benefits / Entitlements: Unemployment compensation, unlimited amount [2329.66(A)(9)(c) and 4141.32]; workers' compensation, unlimited amount [2329.66(A)(9)(c) and 4141.32]; aid to families with dependent children, unlimited amount [2329.66(A)(9)(d) and 5107.12]; crime victim's compensation, unlimited amount if rec'd during 12 months before filing bankruptcy [2329.66(A)(12)(a) and 2743.66]; disability assistance payments, unlimited amount [2329.66(A)(9)(e) and 5115.07]; living maintenance benefits, unlimited amount [2329.66(A)(16) and 3304.19]; tuition credits, unlimited amount [2329.66(A)(16)]
Wages: 75% of earned but unpaid wages due for 30 days [2329.66(A)(13)]
Miscellaneous: Alimony and child support, amount needed for support [2329.66(A)(11)]; any real or personal property up to $400 [2329.66(A)(17)]; property of business partnership [1775.24 and 2329.66(A)(14)]
