Exempt Property Under Ohio Law
What Is Uncollectible?
Under Ohio law certain property is exempt and creditors cannot take it to pay debts that you owe. It is property that the court allows you to keep. Exempt property cannot be taken in a bank attachment, garnishment or other debt collection process or in a bankruptcy.
What Income is Uncollectible?
In most instances the following sources of income are exempt from attachment or garnishment: Worker’s Compensation Benefits; Unemployment Compensation, Ohio Works First (OWF), Disability Assistance (DFA) administered by the Ohio Department of Human Services, Social Security retirement or disability benefits, Supplemental Security Income (S.S.I.), Veteran’s Benefits, Black Lung Benefits, Tax Refunds attributed to the Earned Income Credit or Child Tax Credit.
What Property is Uncollectible?
- $125,000 in equity in your home.
- $3,675 in equity in your car
- $575 per item in wearing apparel, household goods and furnishings, appliances ($12,250 aggregate)
- $1,550 in jewellery
- $2,325 in items you need for your job (tools, books, etc.)
- $450 in cash and bank accounts
- $1,225 in any other property
Are my wages uncollectible?
Under Ohio law, wages are exempt in an amount equal to the greater of the following amounts:
If paid weekly, thirty times the current federal minimum hourly wage;
If paid biweekly, sixty times the current federal minimum hourly wage: if paid semimonthly, sixty-five times the current federal minimum hourly wage; if paid monthly, one hundred thirty times the current federal minimum hourly wage; or
Seventy-five per cent of the disposable earnings owed.
For example, calculation of wages that cannot be garnished:
Pay period Minimum wage exempt income
Weekly $217.50 ($7.25 x 30)
Biweekly $435.00 ($7.25 x 60)
Semimonthly $471.25 ($7.25 x 65)
This article is meant to give you general information and not to give you specific legal advice.
Prepared by Community Legal Aid Services, Inc. Info Updated March 2013. CE-02-F013-CLAS