My question involves small claims court in the state of: Ohio
I have a small claims judgement in my favor where the defendant defaulted on a contract. While the terms of the contracted entitled me to $5000, I decided to cut my losses, avoid paying a lawyer, and only go after them myself for the small claims maximum, which is $3000. I currently have a wage garnishment on the defendent to collect.
The defendent recently contacted me and said they wanted to get the garnishment off their wages, which I'm assuming they mean they want to cut me a check/money order/cash for $3000.
My question is this - if they voluntarily pay me $3000, can I still garnish their wages for $2000, since they actually owe a total of $5000 per the terms of the contract?
Either way, I'd rather have them pay the $3000 up front than go through a garnishment, since I get the money faster. Just wasn't sure if I could still garnish for the remainder of the full amount of the terms of the contract, even if small claims limited my judgement to less.