Ohio law concernting garnishment of spouse's income?

[Daydream]

What is the name of your state?What is the name of your state? OHIO

I am facing garnishment of my wages for a cc debt. Its ineveitable. The question is this... I had been planning to quit work due to health concerns. If I do that now, can they garnish my husbands wages? His name is NOT on the credit card in any way shape or form. I think I read that Ohio is a non-community property state but I'm not sure what that means.

I got a payment to avoid garnishment paper from an attorney. Are those legit and should I fill it out and send a payment? Or, will they still garnish my wages anyway?

Scared in Ohio - I can't go to jail can I?

[zippysgoddess]

No, you can't go to jail, debtor's prisons were done away with a long time ago.

No, if his name isn't on the account, they cannot garnish your husband's wages. However, if you own a home, vehicle, have a bank account with your name on it, or etc. they can get a levy against all those to pay the debt.

Have they already taken you to court, and gotten a judgment against you? While they may threaten, they cannot do any of this until they have a judgment.

If you have a payment offer, (this may not be from an attoryney, CA's are notorious for trying to make stuff look official and legal) and you want to take that to avoid the problems, then simply tell them you will pay it, on the condition that they do not take it to court, or if it has already been in courty, then you will pay if they agree to not garnish as long as you keep your payment plan, and make sure you get it all in writing. Do not just take their word for it, as they are prone to forgetting anything said on the phone, just to get money out of you.

On a further not, how old is this debt, and when is the last time you made a payment on it, or a charge to the account?

[Daydream]

It has been about 2 years since I paid on the cc. After my husband lost his manufacturing job of 25 years we ran into hard times because he had a hard time finding a job. I wasn't working at the time. I am in the position to start making payments now but they want the whole amount paid and I (we) just don't have it.

Yes, they won the judgement against me.

So they can put a freeze on the bank account even if my husbands name is on it? Or a lien on my house if his name is on it? I just want to start paying and get this all off my back!

With this payment to avoid garnishment, do I send them 25% of what I make, PLUS copies of my last 2 paystubs? Do I send this stuff certified, return reciept mail?

Thank you for your reply and any advise you can give!

[zippysgoddess]

They could put a lien on all that stuff, but only if your name is on it as well, not just your husband's.

You will have to negotiate with them to see what your payment can be to avoid garnishment, but like I said make sure you get everything from them in writing, and yes send anything you send CMRRR, that way they can't deny getting it. Do not just take their word for anything over the phone.

On the letter you received wanting payment to avoid garnish, did they have an amount on there? What did it say?

Feel free to email me if you want at [email]verwon@gmail.com[/email]

[Daydream]

Hi again and thank you for the replies!

The letter I got says at the top, "Notice of Court Proceeding To Collect Debt" It is from a law firm that says they are a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. The name of the Judgement Creditor is Discover Bank and then it has the name of the Judgement Creditors attorney. This letter states that I can avoid the garnishment by doing one of these three things:
1.) Pay the total amount due
2.) Complete the attached form entitled "payment to avoid garnishment"
3.) Apply to your local municiple court for the appointment of a trustee. ...yada yada...

I tried filling out the form but I can't figure it out. I keep coming up owing nothing! Its a very simple form, I can't figure out what I'm doing wrong. Anyway, I'm suppose to fill out this form, "send it along to us with the payment, if any, shown due on it." Then it says at the bottom to verify that the amount in line 2 is a true statement you must submit copies of your earnings, or 2 paystubs prior to this letter.

I was thinking that I could fill the form out, and even if it says nothing is due, which I know is wrong, I could put a payment in that I would be able to afford on a monthly basis, along with a letter stating this is what I can do, etc. Then send it certified, return reciept mail. Do you think that is a wise thing to do? I don't want to screw this up. I just want to start paying on this. I have a phone line but no phone... and I have no intentions of getting one until they stop harrassing me. Besides, I've never had a conversation with any bill collector where they actually kept their word so would rather get everything in writing!

I am just so upset with all of this. I had planned to quit work as I have many health concerns, and was going to apply for disability, but now I think if they are going to garnish my wages I am going to be stuck at this miserable job for the rest of my life. It doesn't pay crap and by the time I get home I'm hurting so bad I just go to bed and boo hoo myself to sleep. <sigh> Oh well, this is life I suppose.

Thanks again for all your help.

[zippysgoddess]

Well if you send them a payment, keep copies of both that form, that clearly says payment to avoid garnishment, and any check, or money order that you send them, and definitely send it CMRRR.

Your figures are not necessarily wrong, they are doing this to see what payments you can afford, not that they will care if it does come out to be $0. That is why it says "payment due if any."

No, you are not stuck at a job just because they might, or do garnish your wages. If you aren't working, and they can't garnish, they will just pursue other avenues to collect their money, but they can't force you to continue to work.

Also, if you are going to try for SSDI, or SSI, then those payments cannot be garnished, although if they freeze a bank account that you deposit them into, you would have to provide proof that the money of yours going in there is from SSA, and not earned income, and also the rest is your husbands. In that case it is much easier to remove your name from the account, so just your husband's is on there, and just let SSA send you your checks each month.

[Daydream]

Thank you zippy, for all your wisdom! I am going sit in my car at lunch and start figuring my living expenses vs my income and try to come up with a payment plan that I can deal with. It may not be enough to satisfy them, but at least it will show I'm making an effort? I can gaurantee if they want me to do this all through a trustee of the court, and provide the court with all the expense and income info, the court would require I pay less than what I am going to offer! As far as freezing my bank account, there isn't anything in it so I'm not real worried about that. It would be a hassle but I could deal with it. If they want to get even nastier with me, then let them try to squeeze water out of a rock, cus thats what they would be doing.

Wish me luck?
Thanks again and have a wonderful day.

[zippysgoddess]

Yes, I do wish you the best of luck!