Sub. S.B. 281

127th General Assembly

(H. Judiciary)

 

 

With regard to the exemption from execution, garnishment, or other process of up to $400 in cash or money due or payable or on deposit, eliminated both the restriction of the exemption to bankruptcy proceedings and the possible inclusion in the exemption of the portion of personal earnings not exempt under the personal earnings exemption (R.C. 2329.66(A)(3)).

Added exemptions from execution, garnishment, or other process for a person's interest in payments under the federal child tax credit and earned income credit (R.C. 2329.66(A)(9)(g)).

Removed the exemption in bankruptcy proceedings for any used amount, not exceeding $10,125, of the exemption for a residence (R.C. 2329.66(A)(18)).

Modified the order of garnishment to bind the debtor's property in excess of $400, other than personal earnings, and modified the garnishee's answer and the court clerk's notice to judgment debtor accordingly (R.C. 2716.13(B) and (C)(1)(a)).

Amended the partial exemption from attachment or other legal process for benefits from sickness and accident insurance policies to exempt benefits to the extent they are reasonably necessary for the support of the debtor and any of the debtor's dependents (R.C. 3923.19(A)).

Added an exemption from attachment or other legal process for payments made under a stock bonus, pension, profitsharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service to the extent they are reasonably necessary for the support of the debtor and any of the debtor's dependents except under specified circumstances and an exemption from execution for a lump sum payment because of a dismemberment or other loss covered by the plan or contract (R.C. 3923.19(B)).

S0281-127.doc/ss                                                                                                            05/27/08