Collecting a Debt
You filed in Small Claims Court and won. Now you need to collect the debt.
Either party has thirty (30) days from the date of a judgment within which to appeal the order. If no appeal is filed by either party, you are entitled to collect the judgment.
If the person who owes you money (debtor) has not voluntarily paid you, you could garnish wages or attach bank accounts. The garnishment and attachment forms are available at the court.
If you are unaware of where the debtor works or does banking, you could file a request for Debtor’s Exam with the court. During a Debtor’s Exam you ask questions about the debtor’s employment, banking and financial status. The Debtor’s Exam form is also available at the court.
Although there is a charge for filing a debtor’s exam request, garnishment and/or attachment, the Court may accept a previously filed poverty affidavit in lieu of payment (if you filed with a poverty affidavit). If the court does not accept your poverty affidavit, you are entitled to add the cost of the collection proceeding to the amount of your judgment.
For further information see CLAS’ fact sheet:
Exempt Property Under Ohio Law
This article is meant to give you general information and not specific legal advice.
Preparted by Community Legal Aid Services Inc. Updated March 2012. CE-02-F010-CLAS