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Collection Proof in Ohio

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#1soldier

Junior Member
What is the name of your state (only U.S. law)? Ohio

In Ohio how exactly do I know if I am collection proof? I see in some sates rent, food, transportation and utilities are taken into effect. How is it figured in Ohio?
 


FlyingRon

Senior Member
You mean free from garnishment? Creditors can always try to collect and even get judgments (within the statutory time periods).

Garnishment in Ohio has nothing to do with food, utilities, etc... It's solely based on your after tax income. The only real adjustment to that value that I know of is that child support comes out first. Then the creditors can take 25% of what remains.
 

adjusterjack

Senior Member
Being "collection proof" or "judgment proof" only means that you have nothing for anybody to get.

It doesn't prevent anybody from making the attempt.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Ohio

In Ohio how exactly do I know if I am collection proof? I see in some sates rent, food, transportation and utilities are taken into effect. How is it figured in Ohio?
A creditor first must get a judgment against you before you have to worry about being judgment-proof. Have you already been sued or are you expecting you soon will be? Is there a judgment against you already?

If you have been sued or are anticipating a suit, it can be important to find out if you have a defense to the suit (e.g., statute of limitations). Avoiding a judgment should be your goal.

Once a creditor obtains a judgment, it will not help you to be judgment proof now if your financial situation changes for the better later. Judgments last a long time.

With that said, if your wages are low enough or if you have no wages, the judgment creditor will not be able to garnish your wages. Income from social security benefits or supplemental security income benefits or veteran's benefits or some retirement benefits (federal employee, civil service) or unemployment benefits cannot be used by a creditor to satisfy the judgment.

In addition, if you have limited assets (e.g, no real estate, no valuable property), there is nothing for a judgment creditor to attach to pay off the judgment.

Many people are only temporarily judgment proof - sometimes due to the loss of a job - and they will eventually have to pay what they owe.
 

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