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Ohio Claim of Exemption

File an Ohio claim of exemption to stop wage garnishment. Learn the 5-day Request for Hearing deadline, how much can be taken, and what income is exempt.

Introduction

An Ohio claim of exemption is how you file to protect some or all of your wages or bank funds from a garnishment. An exemption is money the law says a creditor cannot take. After a creditor wins a money judgment, it can garnish your employer or bank and pull money from what would otherwise reach you. In Ohio you push back by delivering a Request for Hearing to the clerk of the court that issued the garnishment order. The deadline is short: you must file it no later than the end of the fifth business day after you receive the Notice to the Judgment Debtor. That form usually comes packaged with the garnishment papers, so read them right away. Ohio protects a baseline share of your earnings, and some income is off limits entirely. Money is withheld while your request is pending, so act fast. DocDraft prepares an Ohio claim of exemption from your details, and attorney review is available before you file.

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Key Things to Know

  1. 1

    An Ohio claim of exemption is a Request for Hearing you file with the court to protect some or all of your wages or bank funds from garnishment. It tells the court the money is exempt, meaning the law does not let a creditor take it.

  2. 2

    Ohio gives you only a short 5-day window. Under Ohio Rev. Code section 2716.06 you must deliver your Request for Hearing to the clerk of the court that issued the order no later than the end of the fifth business day after you receive the Notice to the Judgment Debtor.

  3. 3

    The Request for Hearing comes with the garnishment papers. The form is provided to you along with the Notice to the Judgment Debtor and the garnishment order itself, so you do not have to hunt for it, but you must act on it quickly.

  4. 4

    Ohio protects a baseline share of your pay. Under Ohio Rev. Code section 2329.66 your earnings are protected up to the greater of 75 percent of your disposable earnings for the week, or the amount by which your weekly disposable earnings exceed 30 times the federal minimum wage.

  5. 5

    Some income is exempt no matter the debt. Social Security, disability, veterans benefits, and many pensions and public benefits are protected, and a claim of exemption is how you free those funds if a bank has frozen them.

  6. 6

    Money is withheld while your request is pending. Because each paycheck is garnished until the court resolves your request, filing within the 5-day window limits what you lose.

  7. 7

    Filing on time gets you a hearing fast. If you request a hearing within the deadline, the court must hold it no later than twelve days after your request is delivered, where you show the money is protected.

Key decisions before you file

Before you file a Claim of Exemption in Ohio, a few decisions shape the document: which option to choose and what each one means. The Claim of Exemption guide walks through them.

Open the Claim of Exemption guide

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CLAIM OF EXEMPTION / REQUEST FOR HEARING (OHIO - WAGE GARNISHMENT)

Filed under Ohio Rev. Code section 2716.01 et seq., section 2716.06, and section 2329.66. The judgment debtor claims that some or all of the earnings or funds being garnished are exempt and requests a hearing.

  1. COURT AND CASE Court that issued the garnishment order: [COURT NAME] Case number: [CASE NUMBER] Garnishment order number, if any: [ORDER NUMBER]

  2. PARTIES Judgment creditor: [CREDITOR NAME] Judgment debtor (you): [DEBTOR NAME] Debtor address: [DEBTOR ADDRESS] Employer or bank served with the garnishment: [GARNISHEE NAME]

  3. WHAT IS BEING GARNISHED [ ] Wages from my employer named above [ ] Funds in my account at: [BANK NAME] Approximate amount being taken: $[AMOUNT]

  4. EXEMPTION CLAIMED I claim that the money is exempt for the following reason(s): [ ] More than the greater of 75 percent of my disposable earnings or the amount above 30 times the federal minimum wage ($217.50) is being withheld (section 2329.66). [ ] The money comes from an exempt source: [SOCIAL SECURITY / DISABILITY / VETERANS BENEFITS / PENSION / OTHER]. [ ] Taking this money would leave me unable to pay for basic necessities. Amount I ask the court to protect: $[AMOUNT CLAIMED EXEMPT]

  5. SOURCE OF THE FUNDS Describe where the money comes from: [DESCRIPTION OF WAGES OR DEPOSITED FUNDS]

  6. FINANCIAL STATEMENT (attach if the court requires one) Monthly take-home income: $[INCOME] Monthly necessary expenses: $[EXPENSES] Number of people I support: [NUMBER OF DEPENDENTS]

  7. REQUEST FOR HEARING I request a hearing on this claim. I understand that if I deliver this request within the deadline, the court must hold the hearing no later than twelve days after it is delivered.

  8. VERIFICATION I declare under penalty of perjury under the laws of the State of Ohio that the statements above are true and correct.

Debtor signature: [SIGNATURE] Printed name: [NAME] Date: [DATE]

Note: Deliver this Request for Hearing to the clerk of the court that issued the garnishment order, at the address on the Notice to the Judgment Debtor, no later than the end of the fifth business day after you receive that notice. The form is provided with the garnishment papers. Confirm the current forms and procedure, or have this reviewed by an attorney, before you file.

Ohio Requirements for Claim of Exemption

Ohio Filing Deadline and Office

File the Ohio claim of exemption with the correct office, the court or the levying officer as Ohio directs, within the state's window after the garnishment is served. Money is usually held until the claim is decided, so filing late can forfeit wages the law would otherwise protect.

Frequently Asked Questions

In Ohio, a claim of exemption is made by filing a Request for Hearing with the court to protect wages or bank funds from a garnishment. It tells the court that some or all of the money is exempt, meaning the law does not let a creditor take it. You deliver it to the clerk of the court that issued the garnishment order, and the court then sets a hearing.

The Notice to the Judgment Debtor is the document Ohio requires the court to send when a garnishment starts. It tells you a creditor is garnishing your wages or account and explains your right to a hearing. It comes with a Request for Hearing form, and receiving the notice starts your 5-business-day clock to file that form if you want to claim an exemption.

Under Ohio Rev. Code section 2329.66, your earnings are protected up to the greater of 75 percent of your disposable earnings for the week, or the amount by which your weekly disposable earnings exceed 30 times the federal minimum wage, which is 217.50 dollars. A creditor can only reach what is left above that. Disposable earnings are what remains after legally required deductions.

Ohio gives you a short window. You must deliver your Request for Hearing to the clerk of the court that issued the garnishment order no later than the end of the fifth business day after you receive the Notice to the Judgment Debtor. Because that deadline is only five business days and money is withheld while it is pending, file the moment you get the papers.

Social Security, Supplemental Security Income, disability, veterans benefits, and many pensions and public benefits are exempt from garnishment for ordinary debts, no matter how much you owe. A baseline share of ordinary wages is also protected under Ohio Rev. Code section 2329.66. If exempt benefits are frozen in a bank account, a claim of exemption is how you get them released.

Ohio does not have a separate head-of-household wage exemption, but it protects a baseline share of everyone's earnings, generally the greater of 75 percent of your disposable pay or the amount above 30 times the federal minimum wage. If a garnishment leaves you unable to meet basic needs, you can raise that at your hearing and ask the court to reduce or stop what is being taken.

You deliver your Request for Hearing to the clerk of the court that issued the garnishment order, at the address on the Notice to the Judgment Debtor. Filing on time is what secures your hearing. Once you deliver the request within the five-business-day deadline, the court schedules a hearing, which it must hold no later than twelve days after your request arrives.

If you file the Request for Hearing on time, the court must hold a hearing no later than twelve days after your request is delivered. At the hearing you show the money is exempt and the creditor must justify the garnishment. If the court agrees the funds are protected, it releases them and stops or reduces the garnishment. Money is withheld until the matter is decided.