A judgement against my wife will be in affect on the 18th. She has two cars in her name one has severe problems and should be scrapped the other is worth far less than the exemption but is her daily driver. The exemption in OH has recently been changed from 1000 to i believe 3200. If they want to take the beater fine, we don't care but would like to keep the one she's driving. When does she have to claim the exemption to this? We are planning on fileing later in 09 while I have some tools I'm liqidating to use the money for lawyer fees and living expenses and get our mortgage back to date.
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On the garnishments forms I've received, they have paragraphs where you (or another person attached to the exemptions) can state what your exemptions are and why you believe they are exempt. The judgments I have received have been general and also attach to any and all real property i might own (NONE.)
In my case, they went after wages and I knew this so I didn't bother to file exemptions. If the judgment would have been much larger, I would have filed.
If you are worried about them going after personal property and vehicles, you might be able to be proactive and file some type of list of your exemption with the courthouse and send the list return-receipt US mail to the attorney who files the suit. I'm not sure.
What I think occurs much of the time, is that they seize assets, personal property, etc and you then claim your exemptions to have the items returned. For me, the exemption form was included with the writ of garnishment mailed to me.
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