Ohio 15-Day Demand Letter Before Wage Garnishment

A Mandatory Step — Not Optional

Before you can file a wage garnishment in Ohio, you must serve the debtor with a statutory notice called the "Notice of Court Proceeding to Collect Debt." This is the 15-day demand required under ORC 2716.02, and skipping it invalidates your entire garnishment filing.

The demand puts the debtor on notice that you intend to garnish their wages and gives them 15 days to pay the amount due, complete and return the payment-to-avoid-garnishment form with any required funds, or apply for a court trusteeship and notify you. It's a jurisdictional prerequisite — the court clerk won't process your garnishment packet without proof that you served it.

How to Serve the Demand

The mailing procedure is specific. Get it wrong and your garnishment filing gets rejected.

1. Complete two copies of the demand form. Most Ohio municipal courts provide the form — it's typically titled "Notice of Court Proceeding to Collect Debt" or "15-Day Demand." Fill in the case number, judgment amount, debtor's name, and your information as the judgment creditor.

2. Serve one copy on the debtor. Ohio allows personal service by the court, certified mail with return receipt requested, or regular mail to the debtor's last known residence with a properly completed and stamped Certificate of Mailing. Regular mail with Form 3817 is one of the statutory methods.

3. If using regular mail, get a USPS Form 3817 Certificate of Mailing. This is your proof of mailing. Take the sealed, addressed envelope to the post office counter and request a Certificate of Mailing (Form 3817). The postal clerk stamps the form with the date and postmark. This costs a few dollars on top of regular postage.

4. Keep the second copy and proof of service. If you used regular mail, include the original Form 3817 in your garnishment filing packet. For another service method, retain its proof and confirm the filing requirements with the issuing court.

The distinction between certified mail and a Certificate of Mailing trips people up regularly. If you use regular mail, the statute requires a properly completed and stamped Certificate of Mailing. Certified mail with return receipt requested and personal service by the court are also allowed.

The 15-to-45-Day Filing Window

After you mail the demand or the court serves it, a strict timing window opens. For mail service, count from the mailing date; for personal service by the court, count from the service date:

• Earliest filing date: 15 full calendar days after the mailing or service date
• Latest filing date: 45 calendar days after the mailing or service date

File too early and the garnishment is premature. File too late and the demand expires — you'll have to serve a brand new demand and wait another 15 days.

During the 15-day waiting period, the debtor can pay the judgment directly, negotiate a payment plan, or apply for a court trusteeship under ORC 2329.70. If they apply for trusteeship, the garnishment process pauses.

If nothing happens within 15 days — no payment, no trusteeship application — you're clear to file the complete garnishment packet with the court clerk.

Mailing Costs Are Not Recoverable

One detail worth noting: the cost of mailing the 15-day demand (postage plus the Form 3817 fee) is not recoverable from the debtor as a court cost. It's a small expense — usually under $5 — but it comes out of your pocket permanently. The garnishment filing fee itself (typically $75 to $125) is recoverable and gets added to the judgment balance.

What If the Debtor Moved?

If you use regular mail, send the demand to the debtor's last known residence and keep the properly completed and stamped Certificate of Mailing. If the notice comes back undeliverable, contact the court clerk about how to proceed before filing; certified mail with return receipt requested and personal service by the court are also statutory options.

County auditor records, voter registration databases, and a debtor examination under ORC 2333.09 are all legitimate ways to find an updated address.

The Ohio Small Claims Judgment Collection Guide walks through the complete demand-to-garnishment timeline with a day-by-day calendar, the exact forms for major Ohio courts, and what to do when the 45-day window is about to expire.

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