Does filing bankruptcy stop every Ohio garnishment?

Not necessarily. Under 11 U.S.C. § 362 the filing generally operates as a stay of enforcement of a prepetition judgment and of collection acts, which commonly reaches an ordinary wage garnishment. But income withholding for a domestic support obligation is excepted under subsection (b)(2)(C), prior dismissed cases can shorten or prevent the stay under subsections (c)(3) and (c)(4), and a creditor can ask the court for relief under subsection (d).

What if one earlier bankruptcy case of mine was dismissed in the past year?

Under 11 U.S.C. § 362(c)(3), where a later chapter 7, 11, or 13 case is filed by or against an individual and one single or joint case was pending within the preceding year but was dismissed, excepting a case refiled under a chapter other than chapter 7 after dismissal under section 707(b), the stay terminates on the 30th day “with respect to the debtor,” as to “any action taken with respect to a debt or property securing such debt or with respect to any lease.” Ask a lawyer how that scope applies in your case. A party in interest may obtain an extension, after notice and a hearing completed before that 30-day period expires, only by showing the later filing is in good faith as to the creditors to be stayed.

What if two or more of my cases were dismissed in the past year?

Under 11 U.S.C. § 362(c)(4), if a single or joint case is filed by or against an individual and two or more single or joint cases of that debtor were pending within the previous year but were dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under section 707(b), the stay does not go into effect upon the later filing. Within 30 days a party in interest may request one; the court may impose a stay after notice and a hearing, only on a showing of good faith as to the creditors to be stayed, and the imposed stay takes effect when the order is entered.

Which state's exemptions apply if I recently moved to Ohio?

Your exemptions depend on domicile. Under 11 U.S.C. § 522, the applicable state or local law is that of the place where your domicile was located for the 730 days immediately preceding filing; if it was not in a single state for that period, it is the place where you were domiciled for the 180 days immediately preceding those 730 days, or for a longer portion of that 180-day period than in any other place. If that rule leaves you ineligible for any exemption, the statute lets you elect the federal subsection (d) list.

Can my employer fire me because of a garnishment?

Ohio Rev. Code § 2716.05 says no employer shall discharge an employee solely because of the successful garnishment of earnings by only one judgment creditor in any twelve-month period, and 15 U.S.C. § 1674 bars discharge because earnings were garnished for any one indebtedness. 15 U.S.C. § 1677 leaves in place state laws prohibiting discharge for more than one indebtedness. These rules address termination; they do not supply a remedy for money withheld incorrectly.

How long does an Ohio earnings garnishment order last?

A personal-earnings order is continuous. Under Ohio Rev. Code § 2716.041 it remains in effect until the total probable amount due is paid in full, the creditor files a satisfaction notice or a request to terminate, a municipal or county court appoints a trustee and stays it, a federal bankruptcy court stays it, or another creditor's order arrives. When a competing order arrives, the earlier order generally retains priority through the full pay period containing its one hundred eighty-second processing day. A legally higher-priority later order takes priority instead; withholding for earlier orders then depends on room remaining under the lawful maximum. The stacking rules in division (D) govern, not a universal expiration date.

Wages & debt

Wage Garnishment in Ohio: What the Law Says and What Bankruptcy Changes

Ohio lets a judgment creditor garnish personal earnings only through a Chapter 2716 court proceeding after judgment, and division (A)(13) of Ohio Rev. Code § 2329.66 exempts the greater of 75 percent of your disposable earnings or a set multiple of the federal minimum hourly wage. Federal law caps ordinary garnishment separately, with exceptions for support, chapter 13 orders, and tax debts. Filing a bankruptcy petition generally operates as an automatic stay under 11 U.S.C. § 362, though exceptions, repeat filings, and court-ordered relief can limit it.

Key points

Ohio exempts the greater of 75 percent of your disposable earnings or a pay-period multiple of the federal minimum hourly wage.
A creditor needs a judgment and a written demand sent at least fifteen and no more than forty-five days before asking for the order.
A hearing request must reach the clerk by the end of the fifth business day after you receive the notice.
Filing generally triggers an automatic stay, subject to the domestic-support exception, repeat-filing limits, and relief a creditor can request.

A garnishment order is frightening because it arrives at your workplace and reduces a paycheck you have already budgeted. Ohio statutes set limits on how much can be taken, require specific steps before an order issues, and give you a short window to ask for a hearing. Federal bankruptcy law changes the picture, in ways that have real limits.

How much of your pay can be garnished in Ohio?

Division (A)(13) of Ohio Rev. Code § 2329.66 exempts your personal earnings in an amount equal to the greater of two figures: 75 percent of the disposable earnings owed to you, or a multiple of the current federal minimum hourly wage that varies with your pay period. That statutory floor is not the amount withheld, and it yields to the support-withholding provisions the statute lists. Division (C)(1) defines disposable earnings as net earnings after the garnishee makes deductions required by law, excluding those support deductions. Federal law runs alongside: 15 U.S.C. § 1673 caps ordinary garnishment at the lesser of 25 percent of disposable earnings or the amount exceeding thirty times the federal minimum hourly wage. That cap does not reach support orders, orders of a United States court with jurisdiction over chapter 13 cases, or state and federal tax debts. 15 U.S.C. § 1677 preserves stricter state limits.

Pay-period multiplier in division (A)(13) of Ohio Rev. Code § 2329.66
Pay period	Multiple of the current federal minimum hourly wage
Weekly	Thirty times
Biweekly	Sixty times
Semimonthly	Sixty-five times
Monthly	One hundred thirty times

What do Ohio statutes require of creditors and courts?

A judgment creditor may garnish personal earnings only through a Chapter 2716 proceeding, after obtaining a judgment (Ohio Rev. Code § 2716.01). Before seeking the order, the creditor must deliver a written demand for the nonexempt excess, after judgment and at least fifteen days and not more than forty-five days before the order is sought (Ohio Rev. Code § 2716.02). The creditor then files an affidavit with the statutory contents (Ohio Rev. Code § 2716.03), accompanied by proof the demand was made (Ohio Rev. Code § 2716.04). The court's order and notice are served on your employer with the answer forms (Ohio Rev. Code § 2716.05), and you receive a notice to the judgment debtor and a request-for-hearing form (Ohio Rev. Code § 2716.06). Withholding is continuous and begins with the first full pay period beginning after the employer receives the order (Ohio Rev. Code § 2716.041). An annual affidavit of current balance due is also required (Ohio Rev. Code § 2716.031).

Which income is protected from garnishment under Ohio law?

Ohio Rev. Code § 2329.66 lets a person domiciled in Ohio hold listed property exempt from execution, garnishment, attachment, or sale. Division (A)(9) covers workers' compensation, unemployment compensation benefits, Ohio works first cash assistance, prevention, retention, and contingency program benefits, and certain payments under specified Internal Revenue Code sections. Division (A)(11) covers spousal support, child support, and maintenance you receive, to the extent reasonably necessary to support you and your dependents. Division (A)(3) covers $625 in cash on hand, money due and payable, tax refunds, and money on deposit, other than personal earnings (Ohio Rev. Code § 2329.66(A)(3); Ohio Judicial Conference RC 2329.66 Memorandum (Mar. 3, 2025)). Division (A)(10) reaches many pension, retirement-account, and similar interests, but each clause carries its own conditions and exceptions, so no account is immune simply because it is retirement-labeled. The statutory notice form in Ohio Rev. Code § 2716.13 lists further benefits creditors typically cannot attach, and says others may apply.

Which statutory protections may matter when contesting an Ohio garnishment?

If you dispute a creditor's right to garnish your personal earnings, Ohio Rev. Code § 2716.06 lets you request a hearing by delivering the request form to the clerk no later than the end of the fifth business day after you receive the notice. A timely request means the court schedules the hearing no later than twelve days after it is received, or as soon as practicable if you mark the need as an emergency. The hearing is limited to how much of your earnings can be used to satisfy the debt; the notice states that no objections to the judgment itself will be heard. If you do not request it in time, the statute says withholding continues. Ohio Rev. Code § 2716.031 gives a separate five-business-day hearing right when the creditor files an affidavit of current balance due. Garnishment of money other than personal earnings follows its own procedure and timetable under Ohio Rev. Code § 2716.13.

What Ohio options exist short of bankruptcy?

Ohio Rev. Code § 2329.70 lets a person who has received the written demand apply to a county or municipal court judge for appointment of a trustee to receive the nonexempt portion of their earnings, plus voluntary sums, with a sworn list of creditors. While at least that nonexempt amount is paid at the intervals the judge fixes, creditors may not bring or maintain proceedings to subject those earnings, though they may still obtain judgments and levy on other nonexempt property. This is not a bankruptcy trustee and grants no discharge; the protection ends if payments are neglected. Under Ohio Rev. Code § 2716.03, a debt covered by a qualifying debt-scheduling agreement with a budget and debt counseling service cannot be the subject of a garnishment proceeding unless a payment is unpaid more than forty-five days or the creditor was notified the agreement ended. The debt-scheduling rules require notice to creditors and determine which debts are covered; a secured debt other than a judgment or execution lien requires the creditor's specific written assent. Modifying an existing order generally requires a joint application and a court order (Ohio Rev. Code § 2716.09).

How does filing bankruptcy affect an Ohio garnishment?

Filing a voluntary petition commences the case and constitutes an order for relief (11 U.S.C. § 301). Under 11 U.S.C. § 362, that filing operates as a stay, applicable to all entities, of the enforcement against you or property of the estate of a judgment obtained before the case and of acts to collect a prepetition claim. The stay generally arises on filing; no separate court order and no prior notice to a creditor are needed to create it, although notices can matter operationally. Ohio's own statute recognizes a federal bankruptcy court order staying a continuous garnishment order as a reason the order ceases to remain in effect (Ohio Rev. Code § 2716.041), but that state provision does not displace the federal stay. Limits remain: income withholding for a domestic support obligation is excepted under subsection (b)(2)(C), and a party in interest can seek relief from the stay under subsection (d). Prior dismissed cases can also shorten or prevent it.

Which exemptions apply if you file bankruptcy in Ohio?

Bankruptcy exemptions are a separate question from what a garnishment can reach. Under 11 U.S.C. § 522, an individual debtor exempts property under either paragraph (2), the federal subsection (d) list, or paragraph (3), which draws on federal law other than subsection (d), the state or local law applicable under the domicile rule, certain tenancy-by-the-entirety interests, and retirement funds exempt from taxation under listed Internal Revenue Code sections. Paragraph (2) is available unless the applicable state law specifically does not so authorize. Ask a lawyer which exemption system applies under those state-law and domicile rules before choosing a list. Ohio's own list speaks to bankruptcy in places: an aggregate interest of $1,675 in any property applies only in bankruptcy proceedings (Ohio Rev. Code § 2329.66(A)(18); Ohio Judicial Conference RC 2329.66 Memorandum (Mar. 3, 2025)), and one motor vehicle is covered up to $5,025 (Ohio Rev. Code § 2329.66(A)(2); Ohio Judicial Conference RC 2329.66 Memorandum (Mar. 3, 2025)).

What should you ask a lawyer about an Ohio garnishment?

This page describes what Ohio and federal statutes say. It cannot tell you how a particular municipal, county, or common pleas court handles a specific case, and we do not publish verified local practice for every Ohio court. A lawyer or a legal aid office can look at your pay stubs, the judgment, and the papers you were served. Useful questions include: was the written demand actually made in the window the statute requires; is the withheld amount consistent with the greater-of calculation; which of your deposits and benefits are exempt; and would a trusteeship, a debt-scheduling agreement, or a bankruptcy case fit your situation better. If a garnishment is already running, ask specifically about the five-business-day hearing request and what happens to money already withheld. Bring every notice, including the order and notice of garnishment and your employer's answer.

Frequently asked questions

Does filing bankruptcy stop every Ohio garnishment?: Not necessarily. Under 11 U.S.C. § 362 the filing generally operates as a stay of enforcement of a prepetition judgment and of collection acts, which commonly reaches an ordinary wage garnishment. But income withholding for a domestic support obligation is excepted under subsection (b)(2)(C), prior dismissed cases can shorten or prevent the stay under subsections (c)(3) and (c)(4), and a creditor can ask the court for relief under subsection (d).
What if one earlier bankruptcy case of mine was dismissed in the past year?: Under 11 U.S.C. § 362(c)(3), where a later chapter 7, 11, or 13 case is filed by or against an individual and one single or joint case was pending within the preceding year but was dismissed, excepting a case refiled under a chapter other than chapter 7 after dismissal under section 707(b), the stay terminates on the 30th day “with respect to the debtor,” as to “any action taken with respect to a debt or property securing such debt or with respect to any lease.” Ask a lawyer how that scope applies in your case. A party in interest may obtain an extension, after notice and a hearing completed before that 30-day period expires, only by showing the later filing is in good faith as to the creditors to be stayed.
What if two or more of my cases were dismissed in the past year?: Under 11 U.S.C. § 362(c)(4), if a single or joint case is filed by or against an individual and two or more single or joint cases of that debtor were pending within the previous year but were dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under section 707(b), the stay does not go into effect upon the later filing. Within 30 days a party in interest may request one; the court may impose a stay after notice and a hearing, only on a showing of good faith as to the creditors to be stayed, and the imposed stay takes effect when the order is entered.
Which state's exemptions apply if I recently moved to Ohio?: Your exemptions depend on domicile. Under 11 U.S.C. § 522, the applicable state or local law is that of the place where your domicile was located for the 730 days immediately preceding filing; if it was not in a single state for that period, it is the place where you were domiciled for the 180 days immediately preceding those 730 days, or for a longer portion of that 180-day period than in any other place. If that rule leaves you ineligible for any exemption, the statute lets you elect the federal subsection (d) list.
Can my employer fire me because of a garnishment?: Ohio Rev. Code § 2716.05 says no employer shall discharge an employee solely because of the successful garnishment of earnings by only one judgment creditor in any twelve-month period, and 15 U.S.C. § 1674 bars discharge because earnings were garnished for any one indebtedness. 15 U.S.C. § 1677 leaves in place state laws prohibiting discharge for more than one indebtedness. These rules address termination; they do not supply a remedy for money withheld incorrectly.
How long does an Ohio earnings garnishment order last?: A personal-earnings order is continuous. Under Ohio Rev. Code § 2716.041 it remains in effect until the total probable amount due is paid in full, the creditor files a satisfaction notice or a request to terminate, a municipal or county court appoints a trustee and stays it, a federal bankruptcy court stays it, or another creditor's order arrives. When a competing order arrives, the earlier order generally retains priority through the full pay period containing its one hundred eighty-second processing day. A legally higher-priority later order takes priority instead; withholding for earlier orders then depends on room remaining under the lawful maximum. The stacking rules in division (D) govern, not a universal expiration date.

Sources

Ohio Rev. Code § 2329.66 — Exempted interests and rights
Ohio Rev. Code § 2329.70 — Appointment of trustee to receive nonexempt earnings
Ohio Rev. Code § 2716.01 — Garnishment of personal earnings and other property
Ohio Rev. Code § 2716.02 — Written demand before garnishment of personal earnings
Ohio Rev. Code § 2716.03 — Affidavit commencing garnishment; debt scheduling
Ohio Rev. Code § 2716.031 — Affidavit of current balance due on garnishment order
Ohio Rev. Code § 2716.04 — Proof of demand accompanying affidavit
Ohio Rev. Code § 2716.041 — Continuous order of garnishment of personal earnings
Ohio Rev. Code § 2716.05 — Service on garnishee; answer of employer; discharge limit
Ohio Rev. Code § 2716.06 — Notice to judgment debtor and request for hearing
Ohio Rev. Code § 2716.09 — Modification of a garnishment order
Ohio Rev. Code § 2716.13 — Garnishment of property other than personal earnings
11 U.S.C. § 301 — Voluntary cases
11 U.S.C. § 362 — Automatic stay · official source
11 U.S.C. § 522 — Exemptions · official source
15 U.S.C. § 1673 — Restriction on garnishment
15 U.S.C. § 1674 — Restriction on discharge from employment by reason of garnishment
15 U.S.C. § 1677 — Effect on State laws
Ohio Rev. Code § 2329.66(A)(3); Ohio Judicial Conference RC 2329.66 Memorandum (Mar. 3, 2025)
Ohio Rev. Code § 2329.66(A)(18); Ohio Judicial Conference RC 2329.66 Memorandum (Mar. 3, 2025)
Ohio Rev. Code § 2329.66(A)(2); Ohio Judicial Conference RC 2329.66 Memorandum (Mar. 3, 2025)

By Antonio G. Jimenez, Esq. · Florida Bar No. 21022

Sources verified October 9, 2026 · How we verify

Every figure on this page is drawn from a primary legal source and checked against our canonical legal database before publication. Bankruptcy.law is not a law firm and does not provide legal advice.

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