Ohio STATE LAW
WAGE GARNISHMENT EXEMPTION:
– Federal law applies
MAXIMUM INTEREST RATE:
– Legal: 10%
– Judgment: 10%
STATUTE OF LIMITATIONS ON ENFORCEMENT:
– Open Account (credit cards) 4 years
– Written Contract: 15 year
– Domestic Judgment: 21 years (renewable)
– Foreign Judgment: 21 years (renewable)
BAD CHECK LAW DAMAGES:
– $200 or three times the amount of check and attorney fees, whichever is greater
tape recording
– One party state
BANKRUPTCY PROPERTY EXEMPTIONS:
(Ohio Revised Code)
– Cannot use federal exemptions, but can use federal non–bankruptcy exemptions
– The State of Ohio has exempted the property and income below from seizure by the bankruptcy court to pay creditors:
Real Property:
– Real or personal property claimed as residence to $5,000 [2329.66(A)(1)(b)]
Personal Property:
– Animals, crops, books, musical instruments, clothing, appliances, household goods, furnishings, jewelry, sporting equipment and firearms up to $200 per item; refrigerator and stove up to $300 each, one item of jewelry up to $400, not to exceed $1,500 total; however, can claim $2,000 total if real estate exemption not used [2329.66(A)(3), 2329.66(A)(4)(b) and (d), 2329.66(A)(c) and (d)]
– Motor vehicle up to $1,000 [2329.66(A)(2)]
– Bank deposits, cash and money due within 90 days, security deposits and tax refunds, up to $400 total [2329.66(4)(a)]
– Health aids, unlimited amount [2329.66(A)(7)]
– Beds, bedding and clothing up to $200 per item [2329.66(A)(3)]
– Burial plot, unlimited amount [517.09 and 2329.66(A)(3)]
– Implements, books and tools of trade up to $7,500 [2329.66(A)(5)]
– Lost future earnings, amount needed for support if received during 12 months before filing bankruptcy [2329.66(A)(12)(d)]
– Wrongful death recoveries, amount needed for support if received during 12 months before filing bankruptcy [2329.66(a)(12)(b)]
– Personal injury recoveries up to $5,000 if received during 12 months before filing bankruptcy, but not for pain and suffering [2329.66(A)(12)(c)]
Insurance / Annuities:
– Benevolent society benefits up to $5,000 [2329.63 and 2329.66(A)(6)(a)]
– Disability benefits to $600 per month [2329.66(A)(6)(e) and 3923.19]
– Benefits from fraternal society, unlimited amount [2329.66(A)(6)(d) and 3921.18]
– Group life insurance policy or proceeds, unlimited amount [2329.66(A)(6)(c) and 3917.05]
– Life, endowment or annuity benefits for spouse, child or dependent, unlimited amount [2329.66(A)(6)(b) and 3911.10]
– Life insurance proceeds for a spouse, unlimited amount [3911.12]
– Life insurance proceeds if proceeds cannot be used to pay beneficiary's creditors, unlimited amount [3911.14]
Pensions / Retirement Plans:
– Retirement benefits, IRAs and Keoghs, amount needed for support [2329.66(A)(10)(b) and (c)]
– Public school employees, unlimited amount [3307.71 and 3309.66]
– Firefighters and police officers, (both pensions and death benefits), unlimited amount, state highway patrol employees, dependents of volunteer firefighters, and public employees, unlimited amount [2329.66(A)(10)(a)]
Public Benefits / Entitlements:
– Unemployment compensation, unlimited amount [2329.66(A)(9)(c) and 4141.32]
– Workers' compensation, unlimited amount [2329.66(A)(9)(c) and 4141.32]
– Aid to families with dependent children, unlimited amount [2329.66(A)(9)(d) and 5107.12]
– Crime victim's compensation, unlimited amount if recived during 12 months before filing bankruptcy [2329.66(A)(12)(a) and 2743.66]
– Disability assistance payments, unlimited amount [2329.66(A)(9)(e) and 5115.07]
– Living maintenance benefits, unlimited amount [2329.66(A)(16) and 3304.19]
– Tuition credits, unlimited amount [2329.66(A)(16)]
Wages:
– 75% of earned but unpaid wages due for 30 days [2329.66(A)(13)]
Miscellaneous:
– Alimony and child support, amount needed for support [2329.66(A)(11)]
– Any real or personal property up to $400 [2329.66(A)(17)]
– Property of business partnership [1775.24 and 2329.66(A)(14)] |