Garnishment - Ohio

Summary of differences between federal and state regulations

Although the state of Ohio has several Codes addressing garnishment of wages, the Codes deal only with the mechanics of filing a claim. For the most part, Ohio follows the federal rule in this matter.

State

Contact

Questions regarding a wage garnishment order should be directed to the court which issued the order.

Regulations

Ohio Revised Code - Continuous order of garnishment of personal earnings; stacking; priority and manner of payment - §2716.041

(C)(4)(e) A garnishee to whom a municipal or county court or court of common pleas issues a continuous order of garnishment of personal earnings may deduct a processing fee of up to three dollars from the amount withheld from the judgment debtor’s personal disposable earnings for each pay period of the judgment debtor that an amount from the judgment debtor’s personal disposable earnings was withheld for that order. A garnishee shall not deduct the processing fee for any pay period in which no amount from the judgment debtor’s personal disposable earnings during that pay period was withheld for that order and no garnishee’s interim report and answer is filed. The garnishee’s process fee shall not be charged as court costs.

http://codes.ohio.gov/orc/2716.041

Ohio Revised Code – Service on garnishee; answer - §2716.05

http://codes.ohio.gov/orc/2716.05

Ohio Revised Code – Payor or financial institution may deduct fee - §3121.18

A payor ordered to withhold a specified amount from the income of an employee under a withholding notice described in §3121.03 of the Revised Code may deduct from the income of the person, in addition to the amount withheld for purposes of support, a fee of the greater of two dollars or an amount not exceeding one per cent of the amount withheld as a charge for its services in complying with the withholding notice.

http://codes.ohio.gov/orc/3121.18

http://codes.ohio.gov/orc/3121.03

Ohio Revised Code – Employee not to be discharged due to support order - §3123.20

No employer shall discharge an employee for reason of any order issued under the Revised Code to collect support due from the employee under a support order. 

http://codes.ohio.gov/orc/3123.20

Federal

Contact

US Department of Labor

www.dol.gov/general/topic/wages/garnishments

Regulations

Federal law limits the amount of wages that can be garnished, in most cases, to 25 percent of weekly earnings after taxes. If more that one garnishment order exists against an individual, the total amount cannot exceed the maximum set by law. Some government obligations, such as back taxes and child support, always have precedence.

29 CFR Part 870 (15 USC §1671)