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Non-wage seizure of property OHIO

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    Non-wage seizure of property OHIO

    Hi!
    This is my question........I received a letter titled "Garnishiment of Property other than Personal Earnings"
    This is my Question: The debt is a small Credit card which was in MY NAME ONLY..........I am retired and and receive a tiny tiny SS check.

    I live in OHIO,,,,,,since the debt was in MY NAME ONLY....and for about 1,200 dollars........can they come in and take my furniture? and other household Items? Since I am assuming those items belong to my husband also. I have NO car, NO bank account and NO valuable jewelry or furniture or collectibles.
    Also my adult son stays with us.....please tell me they cannot touch his property? I mean the items in his room....stereo, computer, dvds/vhs tapes. he paid for those items ..they belong to him

    Is my husbands pension protected since he was not on my card or responsible for it?

    And lastly is any of our furnishings protected by and laws of exemption>? Thank you so much for any replies I'm worried.......its all junk BUT its MY junk

    #2
    I think it is just a scare tactic by a collection agency. I doubt if 1200 debt would be worth hiring a attorney to get a judgement. You could always go for free talk with a bkrptcy attorney, I went and they advised me to not file as I was collection proof. I did end up filing to be done with the collection letters and calls.
    chpt 7 ,5-2009

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      #3
      This seems to be something that is specific to Ohio. A google search using the terms: "Garnishiment of Property other than Personal Earnings" brought up an entire page of links:



      The top one in the list describes the changes in the law that happened in 2008, especially the significant increases to the exemptions allowed.

      There is also a sample form that goes to the court, but I am uncertain who is to fill it out, you or the creditor. I would think that there should be some attempt at 'Discovery' where the creditor holding the judgment sends you a list of questions asking you to list your property. This form MAY well be it, but everything I have been reading uses the 'garnishee' to refer both to the person attempting to get the garnishment, and you, the recipient of this paper.

      In any event it appears that you only have a short period of time to answer.
      "To go bravely forward is to invite a miracle."

      "Worry is the darkroom where negatives are formed."

      Comment


        #4
        MakinMeCrazy, there is important info missing from your post.

        Have you filed BK? If not, do you plan to file BK?

        Has this creditor sued you and received a judgment?
        LadyInTheRed is in the black!
        Filed Chap 13 April 2010. Discharged May 2015.
        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

        Comment

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