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Thread: Mutiple Garnishment orders Ohio

  1. #1

    Default Mutiple Garnishment orders Ohio

    I believe i know the answer, but i am finding differing information.


    We received an Educational Wage Garnishment for an employee. Currently this employee has a court order from a Common Pleas Court, and a different educational loan wage order.

    We received the Common Pleas first. When we received the Educational loan, we put that at priority one (That is how we have always interpretted the process, fed student loan is a priority over Common Pleas).

    Now, using that same logic, would the new wage order get priority over the Common Pleas Order, wheras the priorities would be: 1. First Edu 2. 2nd Edu 3. Common Pleas.

    Is this correct? In my research i have seen that Edu loans do not follow the usual Federal (CS, Tax levy) rule. So now i am wondering if we should have ever swapped priorities on the first two, and done the first in rule.

    Any help + documentation would be great.

    John

  2. #2
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    I do not know what a Common Plea is but all three sound like the same priority, 1st come, 1st served, cumulative total no more then 25%.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    Default First Come, First Served

    Depending on the state, the rules might differ slightly, but if twenty-five percent of the disposable wages isnít enough to satisfy multiple garnishment orders, it's first come, first served.
    Don't quote me on this, but I'm 99.99999% positive that child support trumps everything else. Next would be an IRS levy.

  4. #4

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    Quote Originally Posted by DAW View Post
    I do not know what a Common Plea is but all three sound like the same priority, 1st come, 1st served, cumulative total no more then 25%.

    Common Pleas is Commpn Pleas Court from the County.

    Thank you,

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    Same answer. I am assuming the name means Creditor Garnishment, which is mentioned in the federal CCPA law. Your phrase is not. If we are looking at CCPA only, Child Support is the higher priority, with Creditor Garnishment and Federal School Loans having equal but lesser priority. Tax lien and bankruptcy orders are not CCPA, which make the legally interesting. Child Support is the same for all state, but state law has a lot to say about Vendor Garnishments.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    Quote Originally Posted by DAW View Post
    I do not know what a Common Plea is but all three sound like the same priority, 1st come, 1st served, cumulative total no more then 25%.
    Child Support can be more than 25% if in arrears of more than 12 weeks.

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    While in can vary by state, federal law on child support max is 50 or 60% depending if the person is supporting another family and 55 & 65% if they are more than 12 weeks in arrears.

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    Quote Originally Posted by HRinMA View Post
    Child Support can be more than 25% if in arrears of more than 12 weeks.
    Agreed. But Common Plea is sounding like a Creditor Garnishment, which is one of the 25%. CS is 50%-65%, depending on the order.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

  9. #9

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    Quote Originally Posted by DAW View Post
    Agreed. But Common Plea is sounding like a Creditor Garnishment, which is one of the 25%. CS is 50%-65%, depending on the order.
    Thanks for all the help everyone.

    One more question. If the garnishments are the same priority and we are processing a wage order to a creditor, allowable up to 25% of disposable income, and then we receive an educational loan of 15% of disposable earnings, how would we treat those.

    Would it be 15% for the educational loan since it specifies a % and 10% for the creditor garnishment?

    Or would we still handle it as first in, first processed? Either 25% garn, 0% ed, or 15% garn, 10% ed, or other?

    Thanks again,

    -John

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    Unlike child support orders, the state legally has a lot to say about creditor garnishment/federal loans. They cannot raise the 25% total cap, but they can lower it, and they can play games with who gets what. Most states are "first come, first serve" but point of fact, states can and sometimes do play games with that rule. Your state is not my state and I have no idea what OH specific rules are on this. I have read some very strangely worded out of state orders, several of which I had to check with outside counsel on. I do not remember ever seeing OH orders before.

    READ THE ORDERS. The answer might be spelled out in the orders. Or not. Past that, use the internet. Key word search "Ohio creditor garnishments" and look for OH state specific websites. Meaning the actual law, not someone's opinion. You can also try calling the court. One hopes they know what the rules are. (I have found several that did not). It did not stop them from issuing (illegal) orders.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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