Ohio Code 2716.09 – Modifying and interrupting the processing of an order of garnishment of personal earnings
(A) Except as otherwise provided in this section, a municipal or county court or court of common pleas does not have jurisdiction to modify and interrupt the processing of an order of garnishment of personal earnings that that court issued in a proceeding in garnishment of personal earnings under this chapter unless all of the following apply:
Terms Used In Ohio Code 2716.09
- 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 creditor: means a person who has obtained a judgment in a civil action against another person. See Ohio Code 2716.01
- Judgment debtor: means a person against whom a judgment has been obtained in a civil action. See Ohio Code 2716.01
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
(1) The judgment creditor and the judgment debtor associated with that order jointly apply to that court for the modification and interruption.
(2) That judgment creditor and judgment debtor jointly agree that the amount of the judgment debtor’s personal disposable earnings that is required to be withheld during each pay period under that court’s order should be modified to a mutually agreed upon and specified amount and that the garnishee should withhold that specified amount until the judgment in favor of the judgment creditor and the associated court costs, judgment interest, and, if applicable, prejudgment interest awarded to the judgment creditor have been paid in full or until that court’s order otherwise ceases to remain in effect under division (C)(1) of section 2716.041 of the Revised Code.
(3) That court enters an order that approves of the modification described in division (A)(2) of this section and causes a copy of that order to be served upon the garnishee in the same manner as process is served.
(B) A judgment creditor or judgment creditor’s attorney may request that the clerk of the court that issued an order of garnishment of personal earnings disburse the garnishment proceeds on a less frequent basis than is otherwise provided by this chapter. Upon receiving the request, the clerk may elect to disburse the garnishment proceeds on a time schedule other than that as provided by this chapter.