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  1. #1
    Join Date
    Mar 2011

    Question Wage Garnishment and Additional Voluntary Payments

    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.

  2. #2
    Join Date
    Mar 2009
    Key West, FL

    Default Re: Wage Garnishment and Additional Voluntary Payments

    You can ONLY collect what the court judgment is. You really need someone to tell you that?

    No chance in hades you can or will collect 5k.

  3. #3
    Join Date
    May 2011

    Default Re: Wage Garnishment and Additional Voluntary Payments

    No. Your judgment, which is what entitles you to garnish, is $3,000. If they satisfy that judgment, you can't garnish more wages.

    Off topic, I wish every state would take a look at their max for small claims. Over time inflation has made some of them almost useless. Something more like at least $10k would be nice. Oregon is $7,500 but they haven't increased that for a couple of decades. You're right; it probably would have cost you at least $5k in attorney's fees and filing fees etc. to take it to state court.

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