Civil Division - Trusteeships
What is Trusteeship
Trusteeship is a program created under the garnishment laws of the
State of Ohio (ORC 2329.70) that permits a debtor to place debts into a
trusteeship to protect a paycheck from garnishment. Trusteeship does not prevent
a creditor from collecting on a legal judgment by other means, such as bank
garnishments or placing a lien on property. When in trusteeship, debtors pay a
percentage of their pay to the Court each pay period. The Court then disburses
this money to their creditors. The municipal courts of the State of Ohio
administer this program. Each court may have its own rules with the State Code.
Requirements for Filing
- A debtor must live within the jurisdiction of the Toledo
Municipal Court. A resident of southeastern Michigan
(Bedford, Temperance, Lambertville, etc.) may apply for
Trusteeship if they have employment within the jurisdiction
of the Toledo Municipal Court.
- There must be a civil judgment and either a 15-day
notice of garnishment or an actual wage garnishment against
them. Only one (1) is needed to qualify.
- Any debt over $20.00 can be entered in the Trusteeship
program with 10 days allowed for refusal of
secured amounts. However, bills in question (i.e. NSF
checks, current utility bills, taxes not listed under a
civil docket number, etc.) will be sent to the Judge for
review/approval. The debtor must furnish the name, address,
zip code and account numbers of each creditor. If a creditor
has filed a lawsuit, we must also have the Civil docket
- A $25.00 filing fee is required at the time of filing.
Also the first payment on the current pay stub must be made.
Payment to the court is 25% per pay period.
Rules to Stay Active
Payments must be made within 3 working days of receipt of
check stub. Debtors must make a minimum payment of $3.00 from
each check received regardless of the length of time worked.
In the event of unemployment, layoff or sick leave, the
Trusteeship Department must be notified and repeatedly notified
every 30 days.
Accounts are canceled quarterly. All accounts that are
behind 30 days or more are canceled. A debtor cannot re-file
for trusteeship for a period of six (6) months from the date
Questions Regarding Trusteeship
Items to remember about your trusteeship
- Always be sure you have your Trusteeship and Social
Security numbers when making payments, calling the office or
corresponding regarding your account.
- No payment will be accepted without your pay stub! If
you lose your pay stub, a photocopy, print out, or signed
and dated documentation (listing week ending date, gross,
all deductions and net) from your employer can be used for
payment. When a payment is made at the counter, present
your pay stub so that the minimum payment may be verified.
Payment is to be made in check, cash or money order. The
amount to pay on is figured by deducting City, Federal and
State Taxes, Social Security and/or Pension Fund from gross
wages. When making payments by mail, send your pay stub and
a money order or bank draft. Be sure to mark ATTENTION
TRUSTEESHIP on the outside of the envelope and include your
Trusteeship number and Social Security number. If you want
your pay stub and receipt returned, enclose a
self-addressed, stamped envelope. Only checks, bank drafts
and money orders are acceptable. Please DO NOT SEND CASH!
- Whenever you are off work for any
reason, let the Trustee Clerk know
immediately! When off work and
not being paid, a signed and dated letter is required from
your employer, indicating the last day worked, first day
back to work, and when the first check will be expected upon
return to work. Should you be off work for an extended
length of time, you must contact the Trusteeship Clerk every
30 days to report work status. You are not expected to pay
into Court when you are not drawing a check, but we must
know that you are off work or else the records would show
that you are delinquent and an attorney may commence a
- If you change your job, address or phone number, you
must also advise immediately.
- You must make a payment on each pay you draw. This
applies to vacation pay, sick pay, a bonus check, or other
earned wages. Payments and pay stubs must be received in
this office within three business days from receipt of your
- Interest must be paid outside of Trusteeship on any
interest bearing accounts listed.
- Thirteen days after Trusteeship has been filed, contact
the Court to find out if any refusals have been received on
secured loans. Should a creditor call you or write to
advise that they have refused to accept Trusteeship, be sure
to call the Court for verification of this statement and
assistance should you have questions.
- If a refusal has not been received within the thirteen
day period allowed by law, (ten days for refusal and a three
day mailing period), the creditor MUST abide by the rules of
the Court and accept payments.
- If an account is paid in full outside of Trusteeship,
the Court must receive signed and dated documentation from
the creditor. The attorney must file a satisfaction if a
civil docket number has been listed.