(A) A person who obtains a judgment against another person may garnish the personal earnings of the person against whom judgment was obtained only through a proceeding in garnishment of personal earnings and only in accordance with this chapter.

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Terms Used In Ohio Code 2716.01

  • Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
  • Employer: means a person who is required to withhold taxes out of payments of personal earnings made to a judgment debtor. See Ohio Code 2716.01
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Judgment debtor: means a person against whom a judgment has been obtained in a civil action. See Ohio Code 2716.01
  • Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
  • Personal earnings: means money, or any other consideration or thing of value, that is paid or due to a person in exchange for work, labor, or personal services provided by the person to an employer. See Ohio Code 2716.01
  • Property: means real and personal property. See Ohio Code 1.59

(B) A person who obtains a judgment against another person may garnish the property, other than personal earnings, of the person against whom judgment was obtained, if the property is in the possession of a person other than the person against whom judgment was obtained, only through a proceeding in garnishment and only in accordance with this chapter.

(C) As used in this chapter:

(1) “Employer” means a person who is required to withhold taxes out of payments of personal earnings made to a judgment debtor.

(2) “Personal earnings” means money, or any other consideration or thing of value, that is paid or due to a person in exchange for work, labor, or personal services provided by the person to an employer.

(3) “Judgment creditor” means a person who has obtained a judgment in a civil action against another person.

(4) “Judgment debtor” means a person against whom a judgment has been obtained in a civil action.

(5) “Support order” has the same meaning as in section 3119.01 of the Revised Code.

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