Ohio § 2329.70

§ 2329.70.

Any person upon whom a demand has been made in accordance with section 2716.02 of the Revised Code may apply to any judge of a county court or judge of a municipal court within this

state in whose jurisdiction the person resides or, if the person is not a resident

of this state, in whose jurisdiction the person's place of employment is located for

the appointment of a trustee to receive that portion of the personal earnings of the

debtor that is not exempt from execution, garnishment, attachment, or proceedings

in aid of execution and any additional sums that the debtor voluntarily pays or assigns

to the trustee.  The person shall file with the person's application a full, accurate, and complete

statement, under oath, of the names of the person's secured and unsecured creditors

with liquidated claims, their addresses, and the amount due to each of them.  Upon that application and filing, the judge shall appoint a trustee to distribute

the funds to the creditors of the debtor at the time of the application and filing. If a debtor fails, through mistake or otherwise, to list a creditor, that creditor

or debtor may apply to the court, with notice to the other party, to list the omitted

creditor in the trusteeship.  Any person who becomes a creditor after the appointment of a trustee may be listed

in the trusteeship, and that creditor shall share in any distribution made by the

trustee after the next ensuing distribution. No proceedings in garnishment, attachment, or aid of execution or other action or

proceeding to subject the personal earnings of the debtor to the payment of claims

shall be brought or maintained by any creditor as long as at least the amount of the

personal earnings of the debtor that is not exempt from execution, garnishment, attachment,

or proceedings in aid of execution is paid to the trustee at regular intervals as

fixed by the county court judge or the municipal court judge.  This section does not prohibit creditors from recovering judgment against the debtor

or prohibit levy, under a writ of attachment or execution, upon any other property

that is not exempt from execution. The maintaining of proceedings in garnishment, attachment, aid of execution, or otherwise

in violation of this section is prohibited and may be prevented by a writ of prohibition

in addition to all other remedies provided by law.  The judge of the county court or municipal court shall provide by rule or otherwise

for notice to creditors, the authentication and proof of claims, the time and manner

of payment by the debtor, the distribution of funds, the bond of the trustee if required,

and all other matters necessary or proper to carry into effect the jurisdiction conferred

by this section. The personal earnings of the debtor that are exempted by law shall not be liable to

the plaintiff for the costs of any proceedings brought to recover a judgment for debt,

damage, fine, or amercement or for the costs of any proceedings in garnishment, attachment,

or aid of execution to satisfy that judgment, if the debtor has listed that creditor

as to name, amount of that creditor's claim, and the amount due on that claim and

makes payment as provided for in this section. Upon an application for a trustee, a judge of the court in which the application is

made shall designate the clerk of the court to act as trustee, and the clerk shall

serve as trustee without additional compensation.  The clerk's official bond shall be construed as conditioned upon the fulfillment

of the trust, and no additional bond shall be required. The trusteeship shall terminate upon the failure of the debtor to make the payments

required by this section in accordance with the rules established by the county court

or municipal court.  The privileges conferred by this section that exempt that debtor's personal earnings

from proceedings in garnishment, attachment, or aid of execution or any other action

or proceeding to subject the personal earnings of that debtor to the payment of claims

or judgments shall terminate upon that neglect. If a trusteeship is dismissed for nonpayment as provided by this section, the trusteeship

shall not be reinstated, and the debtor shall not be permitted to file for a new trusteeship

for a period of six months from date of the dismissal of the trusteeship, unless,

upon motion supported by affidavit, the debtor proves to the satisfaction of the court

that the failure to maintain the trusteeship agreement was not due to willful neglect.