Legal Question in Civil Litigation in Ohio

I have been sent a judgment from the court for garnishment other than personal income. I have direct deposit and my paycheck will go into my bank account this Friday. Am I in jeopardy of losing my check or a large portion. I never received a notice from the creditor in advance 14 days which is required by the law in the state I live in.

Asked on 12/19/11, 5:52 pm

1 Answer from Attorneys

Edward Stoll Stoll, Ltd.

If the garnishment is for "other than wages" that just means it's going to the bank and not your employer directly. The simple answer is "yes" you could lose up to the amount of the judgment that the garnishment seeks from your bank account. The bank is obligated to forward that money if they have a garnishment Order. The Court then holds the money to allow for objections that you can file disputing that the money is not of the type that can be garnished. There is not right (in Ohio) to dispute the judgment itself, just that the money being taken is of a particular type that cannot be garnished (i.e. 401k, life insurance, qualified retirement income, social security, etc...,) Hope that helps. Ed 440-552-7063

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Answered on 12/21/11, 3:30 pm

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