If I Win Small Claims Judgment In Ohio How Do I Collect

Overview

Winning a judgment in Ohio small claims court is only half the journey. The court’s decision confirms that you are legally owed money, but it does not automatically result in payment. The responsibility for collecting the judgment rests on you, the prevailing party, also known as the judgment creditor. The losing party is the judgment debtor. Ohio law provides several lawful methods to enforce a small claims judgment under Title 23 of the Ohio Revised Code, including wage garnishment, bank attachment, liens, and debtor examinations. However, these remedies require careful adherence to procedure, patience, and accurate documentation.

The goal of post-judgment collection is to convert your court victory into real payment without violating due process or debt-collection restrictions. Most small claims courts do not assist with collection beyond issuing the judgment. It is the creditor’s job to identify the debtor’s assets, request appropriate enforcement actions, and file the required forms with the clerk. Because small claims judgments in Ohio can be enforced for up to ten years (R.C. 2329.07), you have a long window to collect—but acting promptly increases success.

This article walks you through ten detailed steps to enforce and collect your small claims judgment in Ohio, from locating the debtor’s assets to receiving final payment and filing a satisfaction. Each step explains the law, the paperwork, and the strategy involved. Understanding these stages ensures that you recover what you’re owed legally and efficiently.

Who Can Apply

Any individual, business, landlord, or organization that has won a small claims case and received a signed judgment from an Ohio municipal or county court becomes a judgment creditor entitled to collect. You do not need an attorney to enforce the judgment; small claims procedures are specifically designed for self-represented litigants. However, you must ensure that the judgment is final (no pending appeals or stays) before initiating enforcement.

If multiple plaintiffs prevailed, each creditor may pursue collection for their portion of the award. Businesses may act through an owner, partner, or authorized employee. Government agencies and nonprofits can also enforce judgments if they obtained them lawfully through the small claims process. Even out-of-state creditors may collect within Ohio if the judgment debtor resides or holds property here, though they must comply with Ohio’s jurisdictional procedures.

Importantly, if the debtor has filed bankruptcy, enforcement is paused until the bankruptcy court grants permission. Likewise, active military members may be protected under the Servicemembers Civil Relief Act (SCRA), delaying or modifying collection actions. Aside from these exceptions, any successful small claims plaintiff in Ohio may initiate post-judgment enforcement actions.

Benefits of Proper Collection

Properly pursuing collection ensures that your judgment remains enforceable, earns statutory interest, and maintains legal integrity. The main benefit is recovery of your money: the court’s judgment accrues interest (usually 5% per year under R.C. 1343.03) from the date of entry until it’s paid. Prompt enforcement also deters the debtor from hiding assets or moving out of state.

Another key benefit is credibility and closure. Winning a judgment without collecting it can feel hollow; successful enforcement confirms that the court’s ruling carries real authority. It also sends a clear signal to future business partners or tenants that you follow through on legal obligations.

Finally, when you collect properly, you avoid violating federal and state consumer-protection laws. Ohio’s small claims process ensures fairness by requiring court-approved garnishment, attachment, or liens—not self-help. Each approved method provides official court oversight, so payments you collect are fully legal and recognized by credit bureaus.

Step 1: Obtain a Certified Copy of the Judgment

Your first task after winning is to obtain a certified copy of the judgment from the clerk of court. This document officially verifies that you have a lawful, collectible debt recognized by the court. It lists the parties, case number, judgment date, and the exact amount owed, including court costs and interest. You’ll need this certificate for every subsequent collection step—whether filing a garnishment, lien, or bank levy.

Visit the clerk’s office where your small claims case was heard and request a certified copy. The fee usually ranges from $2 to $5 per page. Some courts, like Franklin County and Cuyahoga County, allow online requests. Always ask for multiple copies—one for your records and others for enforcement filings.

Confirm that the judgment entry shows the date of journalization (the date it was officially entered on the court docket). This date starts the interest clock under R.C. 1343.03(A). You may also ask the clerk to compute interest annually when you seek payment.

Once you have the certified judgment, keep it in a safe place. This is your proof of right to collect and will be required for every enforcement motion. Without it, sheriffs, employers, and banks cannot process garnishments or liens. Step 1 gives you the official legal foundation for collection.

Step 2: Ask the Debtor to Voluntarily Pay

Before launching formal enforcement, Ohio law allows and encourages you to request voluntary payment. Step 2 involves communicating directly and professionally with the debtor. A short, courteous letter often prompts quicker resolution and avoids additional fees. The letter should state: (1) the judgment amount; (2) the case number and court name; (3) the total due including court costs and interest; (4) acceptable payment methods; and (5) a reasonable deadline, typically 10–14 days.

Send the letter by both regular and certified mail, and keep a copy for your records. If the debtor complies, you save time and expense. Some courts even provide “Notice of Judgment and Request for Payment” templates you can use. Many debtors pay once they see that ignoring a court order can lead to wage garnishment or bank seizure.

When the debtor agrees to pay in installments, document the arrangement in writing. Specify amounts, due dates, and where payments should be sent. You can ask the court to approve the payment plan formally under its continuing jurisdiction, ensuring the terms are enforceable. Never accept vague promises—require signed documentation or receipts for each payment.

If the debtor refuses to respond or misses deadlines, proceed immediately to the next enforcement step. Voluntary payment is always the simplest route, but it depends entirely on the debtor’s willingness and financial ability. Step 2 is about offering one last chance for compliance before turning to compulsory methods.

Step 3: Identify the Debtor’s Employer and Bank Accounts

If voluntary payment fails, you must locate the debtor’s income sources or assets to enforce your judgment. Step 3 focuses on information gathering—identifying where the debtor works, banks, or holds property. Without this, the court cannot garnish or attach funds. Ohio law (R.C. 2333.09) allows creditors to request a Debtor’s Examination to compel disclosure of assets, but you can often discover information independently first.

Start with the information you already have from the original case: addresses, phone numbers, or checks used for payments. Review prior correspondence for employer names, bank institutions, or vehicle registration details. You can also check public sources—county property records, LinkedIn profiles, or Ohio’s online court dockets for related cases that mention employers.

If these methods fail, file a “Motion for Debtor’s Examination” with the clerk. The court will issue an order requiring the debtor to appear and answer questions about income, employment, and assets. Failure to appear can result in a contempt citation. Always prepare a list of focused questions (e.g., “Where do you bank?” “Who is your employer?” “Do you own real estate?”) and record answers carefully.

Step 3 builds the intelligence you need to choose the right enforcement tool. Wage garnishment requires employer details; bank attachment requires account location. Once you know where the money is, the next steps—formal garnishment, levy, or lien—can begin effectively and lawfully.

Step 4: File for Wage Garnishment

Once you know where the debtor works, you can request a wage garnishment order—the most common and reliable way to collect small claims judgments in Ohio. Under R.C. 2716.02, a creditor may garnish up to 25 percent of the debtor’s disposable earnings each pay period (after mandatory deductions). This process is initiated through the same court that issued your judgment and requires accuracy in both the employer’s information and the debt amount.

Begin by obtaining the court’s “Notice of Court Proceeding to Collect Debt” form, commonly called the wage garnishment packet. You will complete sections identifying yourself (creditor), the debtor, the total owed (including accrued interest and court costs), and the employer’s name and address. The clerk may require you to calculate current interest—ask for the statutory rate and multiply it from the judgment date to the filing date. Attach your certified judgment copy to the packet.

Once filed, the court will mail a notice to the debtor giving them a brief opportunity—usually 15 days—to request a hearing or claim exemption. If no objection is filed, the clerk issues the Order and Notice of Garnishment to the employer. The employer is then legally obligated to withhold the specified percentage from each paycheck and send it directly to the court clerk until the judgment is paid in full.

Employers generally comply because failure to garnish can result in contempt penalties. You will begin receiving payments in intervals, typically every two to four weeks, depending on the employer’s payroll cycle. Always monitor the docket to confirm deposits and retain receipts from the clerk. Once the total amount is collected, the clerk will stop deductions automatically.

Some wages are exempt—such as Social Security, veterans’ benefits, or unemployment income—and cannot be garnished. If the debtor earns below a certain threshold (roughly 30 times the federal minimum wage per week), garnishment may also be limited. Step 4 is powerful but must be used precisely: errors in employer data or debt calculation can delay payment or void the order. Always double-check all amounts and sign your forms clearly.

Step 5: Attach the Debtor’s Bank Account

If the debtor’s employment is uncertain but you know where they bank, a bank attachment—also called non-wage garnishment or “bank levy”—can be extremely effective. Governed by R.C. 2716.11 – 2716.21, this method directs the bank to freeze and surrender funds in the debtor’s account up to the judgment amount. It often results in full payment faster than wage garnishment, especially when the debtor keeps steady balances.

To initiate, complete the “Affidavit, Order, and Notice of Garnishment of Property Other Than Personal Earnings.” This document identifies the debtor’s name, last known address, the financial institution, and the total amount due. You’ll attach a certified copy of your judgment and pay a modest filing fee (usually $30–$50). The clerk then sends the garnishment order to the bank, which immediately freezes funds for five business days.

During this period, the debtor receives notice and may request a hearing or claim exemptions—such as Social Security deposits, child-support payments, or veterans’ benefits—which are protected under federal law. If no valid exemption applies, the bank remits the frozen funds to the court clerk. You then receive payment directly from the court.

One strategic advantage of bank attachment is discretion: the debtor often does not realize the order is coming until the funds are already frozen. However, timing matters—if you file right after payday, chances of recovery increase. Always confirm the correct branch or routing number to avoid misdelivery.

If the debtor’s balance is insufficient to cover the judgment, partial payment is still applied, and you may re-file later if new funds appear. Some creditors alternate between wage and bank garnishment to ensure steady progress. Step 5 transforms your judgment into liquid cash and demonstrates the effectiveness of structured enforcement.

Step 6: Record a Judgment Lien on Real Property

A judgment lien places a legal claim on the debtor’s real estate, ensuring you will be paid if they sell or refinance their property. Under R.C. 2329.02, any certified judgment from a municipal or county court can be filed in the county where the debtor owns land. The lien remains valid for five years and can be renewed.

To create the lien, obtain a “Certificate of Judgment for Lien” from the clerk that issued your small claims judgment (cost ≈ $25). Then record it with the county clerk of courts’ property division in the county where the debtor owns real estate. Each county charges a small recording fee (typically $30–$45). The lien is indexed in the county’s real-property records and attaches automatically to any current or future real estate the debtor holds there.

Liens do not yield immediate payment, but they secure long-term leverage. When the debtor sells, refinances, or transfers property, your judgment must be satisfied before title can pass. The title company will contact you to arrange payment plus interest. Many creditors receive full recovery years later through this method, especially when property values increase.

You may file liens in multiple counties if the debtor owns land in different locations. Each lien must be recorded separately using certified copies of your judgment. Maintaining accurate records—date of recording, instrument number, and county—is essential because liens expire after five years unless renewed under R.C. 2329.07. Re-recording before expiration extends the lien for another term.

Step 6 offers strategic patience. Even if the debtor has no cash flow now, the lien ensures you will eventually collect once they need clear title. It converts your paper judgment into a tangible encumbrance that follows the property until paid.

Step 7: Conduct a Debtor’s Examination

If previous methods fail or you cannot locate assets, Step 7 empowers you to summon the debtor into court for questioning under oath. This proceeding—known as a Debtor’s Examination—is authorized by R.C. 2333.09 and helps uncover hidden income or property.

To begin, file a “Motion for Debtor’s Examination” with the clerk who issued your judgment. The court will set a hearing date and issue an Order to Appear for Examination, which must be personally served on the debtor by the bailiff or sheriff. The order instructs the debtor to bring records—pay stubs, bank statements, vehicle titles, tax returns, or any documents revealing financial condition.

During the hearing, you or the magistrate may ask detailed questions about employment, bank accounts, real estate, vehicles, and debts owed to the debtor. Bring a prepared list covering income sources, property holdings, and recurring expenses. The debtor must answer truthfully under penalty of perjury. Many creditors discover new employers or hidden accounts during this process, leading directly to successful garnishment or levy afterward.

If the debtor fails to appear, the magistrate can issue a bench warrant or “civil capias” for contempt of court. While courts rarely jail debtors, they may order fines or compel future appearance. Simply receiving this warning often motivates quick payment or settlement.

The debtor’s examination transforms uncertainty into evidence. It allows you to trace income sources and choose the most productive collection method moving forward. It also shows the court that you are actively enforcing your judgment rather than letting it expire. Step 7 is investigative and procedural—the bridge between a paper judgment and actionable financial insight.

Step 8: Enforce Collection through Property Seizure

Once you’ve identified tangible property that the debtor owns—vehicles, valuable equipment, or other non-exempt assets—you can ask the court to authorize a levy or execution on that property. This is the most direct yet complex form of judgment enforcement under R.C. 2329.01 et seq.. The sheriff physically seizes the item, sells it at public auction, and pays you from the proceeds after deducting fees. It’s a serious step that demonstrates the authority of the court’s judgment.

Start by filing a “Praecipe for Writ of Execution” with the clerk of the court that issued the judgment. This document describes the property to be seized and its location. If it’s a car, include the make, model, year, and license plate. For equipment or inventory, include detailed descriptions. The clerk issues a writ authorizing the sheriff to seize the property. You’ll pay an advance deposit—usually $100–$200—to cover the sheriff’s mileage, towing, and advertising costs.

Before the seizure, confirm that the property isn’t exempt under Ohio’s exemption statute (R.C. 2329.66). Common exemptions include household goods up to a value limit, one vehicle worth up to $4,000, tools of trade up to $2,400, and certain retirement accounts. The sheriff can only take non-exempt property in the debtor’s name. If the property is jointly owned, the court will determine the debtor’s share.

After seizure, the sheriff schedules a public auction. You’ll receive notice of the sale date and may attend. The sheriff deducts costs, applies proceeds to your judgment, and returns any remainder to the debtor. If the proceeds don’t cover the full debt, you can still pursue other remedies like wage garnishment or liens. All transactions are documented in the sheriff’s return filed with the clerk.

Property seizure is powerful but should be used strategically. It can motivate payment even before the auction—most debtors settle quickly once notified of impending seizure. Always weigh the potential recovery against costs and time. Step 8 transforms judicial authority into tangible enforcement—literal conversion of property into payment.

Step 9: Renew or Transfer Your Judgment

If your judgment remains unpaid after several years, you can extend or “revive” its enforceability to preserve your right to collect. In Ohio, a small claims judgment remains valid for five years as a lien and ten years as an enforceable debt under R.C. 2325.15. Renewal ensures that your ability to garnish, levy, or attach property continues without interruption.

To renew, file an “Application for Revival of Judgment” in the same court that issued the original decision. Attach a copy of the judgment and a sworn affidavit stating that it remains unsatisfied in whole or part. The clerk will schedule a brief hearing and notify the debtor. If the debtor does not object, the court enters a new judgment of revival, giving you another 10 years of enforceability.

You can also transfer your judgment to another Ohio county if the debtor has moved or owns property elsewhere. File a “Certificate of Judgment” in the new county’s clerk of courts, just as in Step 6. This domestication creates a lien on assets located there. If the debtor relocates out of state, consult that state’s domestication procedures—most recognize Ohio judgments under the Uniform Enforcement of Foreign Judgments Act.

Maintaining active enforcement is critical. Expired judgments lose value and may require a full re-filing process. Calendar your expiration dates and renew before the term lapses. A revived judgment carries the same legal force as the original and continues accruing interest. Step 9 ensures your legal rights stay alive and your claim remains collectible for as long as necessary.

Step 10: File a Satisfaction of Judgment and Close the Case

After full payment, you are required by law to close the matter by filing a Satisfaction of Judgment. This document officially notifies the court that the debt has been paid and releases any associated liens or garnishments. It’s both a legal duty and a professional courtesy—ensuring the debtor’s credit record accurately reflects resolution.

Prepare a short statement including the case number, court name, judgment date, total amount satisfied, and your signature. Many Ohio municipal courts have a fill-in form available online. File it with the same clerk that issued your judgment. The filing fee is minimal—usually $3–$5—and the clerk updates the docket accordingly. If a lien was recorded in county property records, also file a Release of Judgment Lien with the recorder to clear title.

Provide the debtor with a copy of the satisfaction for their records. This gesture not only fulfills legal compliance but prevents future disputes. Retain all receipts and docket entries proving satisfaction, since financial institutions or landlords may later request verification that the case is closed.

Closing your case properly reflects integrity. Courts take note of creditors who comply promptly, which may benefit you in future filings. Step 10 marks the conclusion of your enforcement efforts—a final confirmation that justice has been achieved, recorded, and responsibly completed.

Associated Costs

Collecting a small claims judgment in Ohio involves moderate costs depending on methods used. Typical fees include: $25–$35 for wage garnishment filings, $30–$50 for bank attachments, $30–$45 for recording a judgment lien, and $3–$5 for filing a satisfaction. Sheriff levies require deposits around $100–$200, but these amounts are recoverable once the debtor pays. Overall, most creditors spend under $150 to $250 to collect through standard channels. All verified expenses are usually added to the total owed and reimbursed through the court’s judgment order.

Time Required

Collection timelines vary widely. Simple wage garnishments can start producing payments within 30–45 days. Bank attachments may yield results in 1–2 weeks. Property liens take effect immediately upon recording but may not pay out until the debtor sells or refinances—sometimes months or years later. Debtor examinations are scheduled within 2–4 weeks after filing. Full recovery may occur quickly if the debtor is solvent, or gradually through recurring garnishments. Persistence, accurate paperwork, and regular docket checks ensure momentum and prevent delays.

Limitations

• Judgments expire after 10 years unless revived (R.C. 2325.15).
• Wage garnishment is limited to 25 % of disposable earnings per pay period.
• Exempt income—such as Social Security, unemployment, and veterans’ benefits—cannot be seized.
• Property exemptions under R.C. 2329.66 protect certain household goods, vehicles, and tools of trade.
• Court staff cannot provide legal advice; all filings are the creditor’s responsibility.
• Improper or aggressive collection methods may violate the Fair Debt Collection Practices Act (FDCPA).

Authoritative Links

• R.C. 1343.03 — Interest on Judgments
• R.C. 2329.02 — Execution and Property Liens
• R.C. 2716.02 — Wage Garnishment Process
• R.C. 2716.11–2716.21 — Bank Garnishments
• R.C. 2333.09 — Debtor’s Examination Authority
• R.C. 2325.15 — Revival of Judgments
• Supreme Court of Ohio — Small Claims Resources