Ohio Exempt Property From Judgment: Complete ORC 2329.66 Breakdown

Before you spend money filing garnishments and execution writs, you need to understand what Ohio law puts beyond your reach. ORC 2329.66 defines exactly which debtor assets are exempt from judgment collection. Knowing these limits prevents you from wasting court fees on assets you legally cannot touch.

The Major Exemption Categories

Ohio adjusts exemption amounts every three years through the Ohio Judicial Conference. Here are the current figures:

Homestead Exemption — ORC 2329.66(A)(1)(b)

The debtor's primary residence is protected up to $182,625 in equity. Equity means market value minus all mortgages and liens.

What this means in practice: if a debtor's home is worth $250,000 with a $100,000 mortgage, they have $150,000 in equity — fully protected. If the home is worth $350,000 with a $100,000 mortgage, there is $250,000 in equity and only $182,625 is protected, leaving $67,375 theoretically reachable.

For most small claims judgment amounts ($6,000 cap), forcing a sale of real estate makes no practical sense even when equity exceeds the exemption. Foreclosing on a home to collect a $4,000 judgment requires a separate proceeding in Common Pleas Court and substantial legal costs. A judgment lien is the more realistic tool — it attaches to the property and pays when the debtor eventually sells or refinances.

Motor Vehicle — ORC 2329.66(A)(2)

One motor vehicle is exempt up to $5,025 in equity. Equity means the vehicle's fair market value minus any outstanding loan.

If the debtor drives a car worth $12,000 with a $9,000 loan, the equity is $3,000 — fully protected. If the car is worth $15,000 and owned free and clear, $5,025 is protected and the remaining $9,975 in equity is potentially reachable through a sheriff's levy.

The reality check: seizing a vehicle requires a substantial advance deposit ($500–$1,500) for towing, storage, and auction costs, plus the seizure must yield at least two-thirds of appraised value at sale under ORC 2329.20. On most vehicles owned by small claims debtors, the math rarely works.

Wildcard Exemption — ORC 2329.66(A)(18)

The debtor can protect $1,675 in any property not already covered by another exemption. This is a flexible catch-all — the debtor can apply it to cash in a bank account, tools, electronics, or any asset.

Tools of Trade — ORC 2329.66(A)(5)

Professional tools, equipment, and supplies are exempt up to $3,200. This protects a contractor's tools, a mechanic's equipment, or a freelancer's computer setup from seizure.

Personal Injury Awards — ORC 2329.66(A)(12)(b)

Settlement or judgment proceeds from a personal injury claim are exempt up to $31,650. This prevents creditors from intercepting money intended to compensate someone for bodily harm.

Fully Exempt Income Sources

Some income is completely protected from garnishment, bank attachment, and execution — no dollar cap, no exceptions for judgment creditors:

• Social Security and SSI — protected by federal law (42 U.S.C. § 407)
• Veterans Affairs benefits — protected by 38 U.S.C. § 5301
• Workers' compensation benefits — Ohio law
• Unemployment compensation — Ohio law
• Disability and sickness benefits
• Child support and spousal support necessary for maintenance
• Earned Income Tax Credit amounts
• Public assistance and welfare payments
• Retirement accounts (ERISA-qualified plans, IRAs, Ohio public employee pensions) — exempt under ORC 2329.66(A)(10) with no practical dollar cap for most accounts

When federal benefits like Social Security are direct-deposited into a bank account, the financial institution must automatically protect up to two months of deposits under the federal lookback rule (31 CFR Part 212). This protection applies even before a debtor claims the exemption.

What "Judgment-Proof" Actually Means

A debtor is effectively judgment-proof when all of their assets fall within exempt categories:

• Income entirely from Social Security, SSI, or VA benefits
• Home equity at or below $182,625
• One vehicle at or below $5,025 in equity
• No significant bank balances beyond exempt deposits
• Retirement savings in qualified accounts

Being judgment-proof is not a permanent status. The debtor might get a job (creating garnishable wages), receive an inheritance, buy property, or accumulate non-exempt bank funds. An Ohio judgment can become dormant after 5 consecutive years without an execution or garnishment proceeding, or filing a Certificate of Judgment, and a dormant judgment may be revived under ORC 2325.15 within 10 years after dormancy. A judgment-proof debtor today may have reachable assets next year.

What You Can Do With a Judgment-Proof Debtor

• Record a judgment lien on any real property they own. Even if current equity is within the homestead exemption, property values change and the lien lasts 5 years.
• Conduct periodic debtor examinations to check whether their financial situation has changed.
• Keep the judgment alive — do not let it go dormant. Issue execution or a garnishment proceeding, or file a Certificate of Judgment, before 5 consecutive years pass.
• Wait. Circumstances change. A debtor who is judgment-proof at 62 and living on Social Security may have different finances at 65 after selling a house.

How the Debtor Claims Exemptions

Exemptions are not automatic in every context. For wage garnishment, the statutory calculation protecting 75% of disposable earnings or 30 times federal minimum wage is built into the process — the employer applies it. But for bank attachments and property execution, the debtor may need to actively claim exemptions by requesting a hearing within the statutory time frame (5 business days for bank attachments under ORC 2716.13).

If the debtor does not request a hearing, non-exempt funds may be released to you. If they do request one, expect to attend and present your case for why the funds are not exempt.

Understanding the full exemption landscape before choosing an enforcement tool saves you filing fees and time. The Ohio judgment collection guide maps every exemption to the specific enforcement tools it affects and includes a decision framework for choosing the right collection method based on the debtor's asset profile.

See more Ohio guides →