Ohio Attorney General says COVID-19 stimulus checks are protected by Ohio law

‘Sometimes, state law gives greater protection than federal law'

Ohio Attorney General says COVID-19 stimulus checks are protected by Ohio law
FILE - In this June 3, 2019, file photo, Ohio Attorney General David Yost, right, speaks a news conference attended by former attorneys general Nancy Rogers in Columbus, Ohio. Yost says any money the state might receive from a settlement with OxyContin maker Purdue Pharma or other drugmakers should be spent at the local level.(AP Photo/Andrew Welsh-Huggins, File) (Source: Andrew Welsh-Huggins)

CLEVELAND, Ohio (WOIO) - Coronavirus stimulus checks are protected under existing Ohio law from bill collectors and exempt from state and federal attachment, garnishment or execution.

Ohio Attorney General David Yost announced this Monday in a press release.

“The stimulus checks were intended to be used during an emergency – to put food on the table, keep the lights on, and a roof over our heads,” Yost said in a released statement. “It wasn’t meant to pay off an old bill.”

Yost said he is sending notices to relevant entities as well as posting the notice on his website. He pointed out that Ohio Revised Code 2329.66(A)(12)(d) applies to payments under the Coronavirus Aid, Relief, and Economic Security (CARES) Act:

  • A payment in compensation for loss of future earnings of the person or an individual of whom the person is or was a dependent, to the extent reasonably necessary for the support of the debtor and any of the debtor's dependents.

CARES Act does not allow for stimulus checks to be garnished for debts owed to federal or state governments, however, there is no current federal provision banning private debt collectors from doing the same, which is why Yost said he issued the notice about state law.

“Sometimes, state law gives greater protection than federal law,” he said in a released statement.

Stimulus checks are allowed to be garnished in cases where people are behind on child-support payments, which is allowed under the CARES Act.

Yost signed a letter Monday joining 24 other attorneys general, and the Hawaii Office of Consumer Protection. This is requesting the Department of the Treasury to take immediate action under its regulatory authority to ensure emergency monetary relief authorized by the CARES Act will not be subject to garnishment by creditors, or debt collectors.

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