Ohio Wage Garnishment for Small Claims Judgments

The 15-Day Demand Comes First

You can't walk into the clerk's office and file a wage garnishment the day after you win your Ohio small claims case. ORC Chapter 2716 requires a mandatory step before any wage garnishment: you must serve the debtor with a written 15-day demand notice.

This notice is formally called a "Notice of Court Proceeding to Collect Debt." 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. The steps below describe the regular-mail method; Form 3817 is required for that method.

After mailing, you wait at least 15 full calendar days. If the debtor doesn't pay or apply for a court trusteeship in that window, you can file the garnishment packet with the court clerk. But you can't wait forever — the filing must happen within 45 calendar days of mailing the demand. Miss that window and you have to start over with a fresh demand notice.

Filing the Garnishment Packet

Once the 15-day window passes, you file the complete packet with the clerk of the court that issued your judgment. The packet includes:

• Your copy of the 15-Day Demand notice
• The original USPS Form 3817 Certificate of Mailing
• A signed and notarized Affidavit, Order, and Notice of Garnishment of Personal Earnings
• Instructions to the Bailiff/Clerk for Service
• Notice to Judgment Debtor and Request for Hearing forms
• Interim Report and Answer of Garnishee forms
• The court filing fee

Filing fees vary by court. Franklin County Municipal Court charges $85, Findlay charges $75 to $100, and Erie County or Sandusky Municipal Court charges $100 to $125. These costs are recoverable from the debtor as part of the judgment balance.

How the Garnishment Works

After you file, the clerk issues the garnishment order to the debtor's employer. Under ORC 2716.041, an Ohio wage garnishment operates as a continuous order — it binds the employer for 182 calendar days from the date of service. The employer withholds the non-exempt portion of the debtor's disposable earnings each pay period and remits it to the court clerk, who then disburses it to you.

The garnishment stays active until the judgment is paid in full (including interest and court costs) or the 182-day period expires, whichever comes first. If the balance isn't satisfied after 182 days, you can file a new garnishment.

How Much Gets Withheld

Federal and Ohio law cap garnishment at the lesser of two amounts:

• 25% of disposable earnings (net pay after mandatory tax withholdings)
• The amount exceeding 30 times the federal minimum wage ($7.25/hour = $217.50 per week)

For a debtor earning $500 per week in disposable earnings, the 25% cap is $125, and the amount above $217.50 is $282.50. The employer withholds the lesser amount — $125.

For lower-income debtors, the minimum wage floor provides meaningful protection. Someone earning $230 per week in disposable earnings would have only $12.50 garnished (the amount above $217.50), even though 25% of their pay would be $57.50.

What You Need to Know About the Debtor's Employer

You need the debtor's employer name and address before filing. If you don't have this information, a debtor examination under ORC 2333.09 is usually the fastest way to get it — the debtor answers under oath about their employment.

One important wrinkle: garnishments take effect in the order they're served on the employer. If another creditor already has an active garnishment, yours waits in line until theirs is satisfied or expires.

The Ohio Small Claims Judgment Collection Guide includes the complete timing chart, form-by-form instructions, and worked examples for calculating the exact garnishment amount at every pay frequency.

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