(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.
(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.
Notes of Decisions
Cited in 37
cases (5 in the last 5 years), 1983–2024 · leading case: Broadmoor Ctr., L.L.C. v. Dallin, 2016-Ohio-8541, 79 N.E.3d 1250.
Broadmoor Ctr., L.L.C. v. Dallin, 2016-Ohio-8541, 79 N.E.3d 1250. · cites it 3ד091(B) (stating "[g]arnishment of property other than personal earnings of a person against whom judgment has been entered may be granted only pursuant to Chapter 2716").”
State v. Sands, 2019-Ohio-4736. · cites it 3ד01[,] R.C. 2716.01, [and] R.C. 5120.133 to collect funds out [of] the defendant inmate account to satisfy court cost [in] violation of the defendant[’s] United State[s] Constitutional Rights Amendment 14.”
TBF Fin., L.L.C. v. Wilkerson, 2019-Ohio-3493. · cites it 2דR.C. 2716.01. {¶ 14} Garnishment of "property, other than personal earnings," also informally called a "non-wage garnishment," is governed by R.”
Doss v. Thomas, 919 N.E.2d 219 (Ohio Ct. App. 10th Dist. 2009). · cites it 2ד091(B) (providing that “[gjarnishment of property other than personal earnings of a person against whom judgment has been *800 entered may be granted only pursuant to Chapter 2716”).”
State v. Copeland, 2016-Ohio-7797. “The record is not developed to determine whether an inmate’s compensation under the work program or private employment while incarcerated is considered “personal earnings”, as defined in R.C. 2716.01. If the trial court had conducted a hearing or ordered responsive pleadings to…”
Bancohio Nat'l Bank v. Box, 580 N.E.2d 23 (Ohio Ct. App. 11th Dist. 1989). · cites it 4דBased upon these documents, the court found that the real estate commission “does not qualify as ‘personal earnings’ within the meaning of R.C. 2716.01 et seq.” However, the court found that Ohio law was in conflict with the Consumer Credit Protection Act and that appellee was…”
E. Liverpool v. Buckeye Water Dist., 2012-Ohio-2821. “R.C. 2716.01(B). When a bank receives a garnishment notice, it looks to the name on the account to determine whether garnishment of that account is proper.”
Tillimon v. Bailey, 2020-Ohio-1243. “{¶ 4} Appellant garnished the wages of Myles and Bailey and seized other assets in an attempt to satisfy the money judgment pursuant to R.C. 2716.01. Appellant alleges that in December 2018, he determined the court records indicated $968.”
Hadassah v. Schwartz, 2011-Ohio-5247, 966 N.E.2d 298. · cites it 3ד, “[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…”
Auto Now Acceptance Co., L.L.C., 2020-Ohio-3447, 154 N.E.3d 1033. “{¶ 6} R.C. 2716.01(A) authorizes a judgment creditor to garnish a judgment debtor’s personal earnings “only through a proceeding in garnishment of personal earnings and only in accordance with this chapter.”
Ohio Dep't of Taxation v. Plickert, 715 N.E.2d 239 (Ohio Ct. App. 11th Dist. 1998). “, garnishment of wages, R.C. 2716.01 et seq., garnishment of property (ie.”
Merchants Acceptance, Inc. v. Bucholz, 2011-Ohio-5556. “{¶ 31} R.C. 2716.01(A) provides: “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.”
Auto Now Acceptance Co., L.L.C., 2020-Ohio-3447, 154 N.E.3d 1033. “{¶ 6} R.C. 2716.01(A) authorizes a judgment creditor to garnish a judgment debtor’s personal earnings “only through a proceeding in garnishment of personal earnings and only in accordance with this chapter.”
Merchants Acceptance, Inc. v. Bucholz, 2011-Ohio-5556. “{¶ 31} R.C. 2716.01(A) provides: “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.”
Broadmoor Ctr., L.L.C. v. Dallin, 2016-Ohio-8541, 79 N.E.3d 1250. “091(B) (stating "[g]arnishment of property other than personal earnings of a person against whom judgment has been entered may be granted only pursuant to Chapter 2716").”
Doss v. Thomas, 919 N.E.2d 219 (Ohio Ct. App. 10th Dist. 2009). “091(B) (providing that “[gjarnishment of property other than personal earnings of a person against whom judgment has been *800 entered may be granted only pursuant to Chapter 2716”).”
E. Liverpool v. Buckeye Water Dist., 2012-Ohio-2821. “R.C. 2716.01(B). When a bank receives a garnishment notice, it looks to the name on the account to determine whether garnishment of that account is proper.”
Hadassah v. Schwartz, 2011-Ohio-5247, 966 N.E.2d 298. “, “[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…”
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