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Ohio Statutes, Title 23

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Title 23, Title 23. Courts-Common Pleas

20 chapters · 607 sections in this title.

All chapters in Title 23607 Ch 2329, Chapter 2329 | Execution Against Pro…101 Ch 2307, Chapter 2307 | Civil Actions85 Ch 2305, Chapter 2305 | Jurisdiction; Limitat…79 Ch 2323, Chapter 2323 | Judgment44 Ch 2335, Chapter 2335 | Fees; Costs41 Ch 2301, Chapter 2301 | Organization40 Ch 2317, Chapter 2317 | Evidence37 Ch 2303, Chapter 2303 | Clerk of the Court of…30 Ch 2333, Chapter 2333 | Proceedings In Aid Of…26 Ch 2313, Chapter 2313 | Commissioners Of Jurors25 Ch 2311, Chapter 2311 | Trial-related Matters18 Ch 2315, Chapter 2315 | Trial Procedure18 Ch 2331, Chapter 2331 | Execution Against The…16 Ch 2337, Chapter 2337 | Uniform Foreign-money…15

101 sections·Filtered byTitle 23✕Ch 2329✕

Ohio Rev. Code Ann. § 2329.01 Property subject to levy and sale
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(A) Lands and tenements, including vested legal interests therein, permanent leasehold estates renewable forever, and goods and chattels, not exempt by law, shall be subject to the payment of debts, and liable to be taken on execution and sold as provided in sections 2329.02 to 2…
Ohio Rev. Code Ann. § 2329.02 Judgment lien - certificate of judgment - filing - transfer
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Any judgment or decree rendered by any court of general jurisdiction, including district courts of the United States, within this state shall be a lien upon lands and tenements of each judgment debtor within any county of this state from the time there is filed in the office of t…
Ohio Rev. Code Ann. § 2329.021 Foreign judgment defined
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As used in sections 2329.021 to 2329.027 of the Revised Code, "foreign judgment" means any judgment, decree, or order of a court of the United States, or of any court of another state, that is entitled to full faith and credit in this state.
Ohio Rev. Code Ann. § 2329.022 Filing and status of foreign judgments
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A copy of any foreign judgment authenticated in accordance with section 1738 of Title 28 of the United States Code, 62 Stat. 947 (1948), may be filed with the clerk of any court of common pleas. The clerk shall treat the foreign judgment in the same manner as a judgment of a cour…

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Ohio Rev. Code Ann. § 2329.023 Notice of filing

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(A) When a foreign judgment is filed pursuant to section 2329.022 of the Revised Code, the judgment creditor or his attorney shall make and file with the clerk of the court in which the foreign judgment is filed an affidavit setting forth the name and last known address of the ju…

Ohio Rev. Code Ann. § 2329.024 Stay

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(A) If the judgment debtor shows the court of common pleas that an appeal is pending or will be taken from a foreign judgment that is filed pursuant to section 2329.022 of the Revised Code, or that a stay of execution of the foreign judgment has been granted and if proof is given…

Ohio Rev. Code Ann. § 2329.025 Fees

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Any person who files a foreign judgment pursuant to section 2329.022 of the Revised Code shall pay a filing fee of fifteen dollars. Fees for docketing, transcription, or other enforcement proceedings shall be as provided in section 2303.20 of the Revised Code.

Ohio Rev. Code Ann. § 2329.026 Optional procedure

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Sections 2329.021 to 2329.027 of the Revised Code do not affect the right of a judgment creditor to bring an action to enforce a foreign judgment rather than to enforce the judgment pursuant to those sections.

Ohio Rev. Code Ann. § 2329.027 Uniformity of interpretation

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Sections 2329.021 to 2329.027 of the Revised Code shall be construed to effectuate the general purpose to make uniform the law of those states that enact a uniform enforcement of foreign judgments act.

Ohio Rev. Code Ann. § 2329.03 Lien without filing of certificate

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Lands and tenements of a judgment debtor shall be bound with a lien for the satisfaction of any judgment of any court of general jurisdiction, including district courts of the United States, within this state, without the filing of the certificate provided for in section 2329.02 …

Ohio Rev. Code Ann. § 2329.04 Judgments of inferior courts - stay of execution - certificate in lieu of transcript

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Judgments of probate courts, municipal courts, county courts, and other courts inferior to the court of common pleas may be made liens upon lands and tenements of a judgment debtor within any county of this state only in the manner provided in section 2329.02 of the Revised Code.…

Ohio Rev. Code Ann. § 2329.05 Judgment of supreme court

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A judgment of the supreme court for money shall bind the lands and tenements of the judgment debtor in any county from the time there is filed, docketed, and indexed, in the office of the clerk of the court of common pleas of such county, a certificate of such judgment, issued by…

Ohio Rev. Code Ann. § 2329.06 Lien of a judgment when action removed to supreme court

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When a certificate is filed as provided in section 2329.02 of the Revised Code, the lien of a judgment of the court of common pleas in an action which is appealed by the judgment debtor to the court of appeals and thence removed into the supreme court shall not thereby be diveste…

Ohio Rev. Code Ann. § 2329.07 Judgment may become dormant

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(A) As used in this section:"Aid of execution" means an aid of execution under Chapter 2333. of the Revised Code, including the issuance of an order to a judgment debtor to appear for examination under section 2333.10 of the Revised Code."Certificate of judgment" means a certific…

Ohio Rev. Code Ann. § 2329.071 Property unsold twelve months after decree

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(A) If a decree of foreclosure has been entered with respect to residential real property but the property has not been sold or a sale of the property is not underway, then, beginning twelve months after the entry of the decree of foreclosure, either of the following may occur: (…

Ohio Rev. Code Ann. § 2329.08 Limitation of enforcement of deficiency judgment - waiver - pending actions

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Any judgment for money rendered in a court of record in this state upon any indebtedness which is secured or evidenced by a mortgage, or other instrument in the nature of a mortgage, on real property or any interest therein, upon which real property there has been located a dwell…

Ohio Rev. Code Ann. § 2329.09 Writ of execution

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The writ of execution against the property of a judgment debtor issuing from a court of record shall command the officer to whom it is directed to levy on the goods and chattels of the debtor. If no goods or chattels can be found, the officer shall levy on the lands and tenements…

Ohio Rev. Code Ann. § 2329.091 Levying officer to execute writ of execution

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(A) When a judgment creditor files a praecipe for a writ of execution with a clerk of a common pleas court pursuant to section 2303.11 of the Revised Code, or with a clerk of a municipal court pursuant to section 1901.23 of the Revised Code, or with a clerk of the county court pu…

Ohio Rev. Code Ann. § 2329.10 Preference between writs of execution

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When two or more writs of execution against the same debtor are delivered to the officer to whom they are directed on the same day, no preference shall be given to either of such writs. If a sufficient sum of money is not made to satisfy all such executions, the amount made shall…

Ohio Rev. Code Ann. § 2329.11 Order in which officer to make levy

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The officer to whom a writ of execution is delivered shall proceed immediately to levy it upon the goods and chattels of the debtor. If no goods and chattels can be found, the officer shall indorse on the execution the words "no goods," and forthwith levy it upon the lands and te…

Ohio Rev. Code Ann. § 2329.12 Bond for delivery of goods and chattels

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When a sheriff, coroner, or other officer, by virtue of an execution, levies upon goods and chattels which afterward remain upon his hands unsold for want of bidders, for the want of time to advertise and sell, or for other reasonable cause, for his own security, he may take of t…

Ohio Rev. Code Ann. § 2329.13 Notice of sale of goods on execution - setting aside or confirmation of sale

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(A) Goods and chattels levied upon by virtue of an execution of a court of record shall not be sold until both of the following occur:(1)(a) Except as otherwise provided in division (A)(1)(b) of this section, the judgment creditor who seeks the sale of the goods and chattels or t…

Ohio Rev. Code Ann. § 2329.14 Execution against unsold goods

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When goods and chattels levied upon by execution cannot be sold for want of bidders or for want of time, the officer who makes the return shall annex to the execution a true inventory of the goods and chattels remaining unsold. The plaintiff in that execution may have another exe…

Ohio Rev. Code Ann. § 2329.15 Public and private sale of goods on execution

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All sales of goods and chattels shall be at public auction unless the court from which an execution or order of sale issues, or a judge thereof in vacation, for good cause shown, on application of either party and due notice to the adverse party, makes an order directing the sher…

Ohio Rev. Code Ann. § 2329.151 Conduct of judicial sale

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Except as provided in sections 2329.152 to 2329.154 of the Revised Code, all public auctions of goods, chattels, or lands levied upon by execution shall be conducted personally by one of the following:(A) An officer of the court;(B) For the public auction of goods and chattels, a…

Ohio Rev. Code Ann. § 2329.152 Authorization of private selling officer

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(A) In every action demanding the judicial or execution sale of real estate, the county sheriff shall sell the real estate at a public auction, unless the judgment creditor files a motion with the court for an order authorizing a specified private selling officer to sell the real…

Ohio Rev. Code Ann. § 2329.153 Official public sheriff sale web site; integrated auction management system

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(A) Not later than ninety days after the effective date of this section, the department of administrative services shall solicit competitive sealed proposals for the creation, operation, and maintenance of the official public sheriff sale web site and an integrated auction manage…

Ohio Rev. Code Ann. § 2329.154 Online registration

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(A) If property is sold online, the sheriff or private selling officer shall require persons seeking to bid to register online with the web site as a condition of being authorized to bid. The registration form shall include information relevant to the objective of enabling the sh…

Ohio Rev. Code Ann. § 2329.16 Another levy allowed

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When a writ is issued directing the sale of property previously taken in execution, the officer who issues the writ, if requested by the person entitled to the benefit thereof, his agent or attorney, shall add thereto a command to the officer to whom it is directed, that if, in h…

Ohio Rev. Code Ann. § 2329.17 Lands to be appraised

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(A) When execution is levied upon lands and tenements, the sheriff shall call an inquest of three disinterested freeholders, who are residents of, and real property owners in, the county where the lands taken in execution are situated, who shall appraise the property so levied up…

Ohio Rev. Code Ann. § 2329.18 Copy of appraisement to be left with clerk

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(A) If a court has ordered or the clerk of a court has issued an order for the sheriff to advertise and sell the real estate for which the appraised value has been determined pursuant to section 2329.17 of the Revised Code, the sheriff shall deposit a copy of the appraisal with t…

Ohio Rev. Code Ann. § 2329.19 Extent of lien of judgment

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Upon the determination of the appraised value pursuant to section 2329.17 of the Revised Code, if it appears that two-thirds of the appraised value of the lands and tenements levied upon is sufficient to satisfy the execution, with costs, the judgment on which the execution issue…

Ohio Rev. Code Ann. § 2329.191 Preliminary judicial report by petitioner

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(A) As used in this section, "title insurance company" has the same meaning as in section 3953.01 of the Revised Code. (B) In every action demanding the judicial sale of residential real estate consisting of one to four single-family units, the party seeking that judicial sale sh…

Ohio Rev. Code Ann. § 2329.192 State lienholder as party defendant in judicial sale; proceeds of sale

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(A) As used in this section: (1) "State lien" means a lien upon real estate, including lands and tenements, of persons indebted to the state for debt, taxes, or in any other manner recorded by a state agency in any office of the clerk of a county court or the county recorder.(2) …

Ohio Rev. Code Ann. § 2329.20 Land not to be sold for less than two thirds of appraised value

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Except as otherwise provided in this section or sections 2329.51 and 2329.52 of the Revised Code, no tract of land shall be sold for less than two-thirds the amount of the appraised value as determined pursuant to section 2329.17 of the Revised Code. In all cases in which a junio…

Ohio Rev. Code Ann. § 2329.21 Purchaser to add enough to pay costs in certain cases

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If the sum bid by the purchaser for the real estate sold under section 2329.20 of the Revised Code relating to the enforcement of junior liens is insufficient to pay the costs, allowances, and taxes, which the court has determined prior to such sale should be paid out of the proc…

Ohio Rev. Code Ann. § 2329.211 Sale deposit

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(A)(1) In every action demanding the judicial or execution sale of residential property, if the judgment creditor is the purchaser at the sale, the purchaser shall not be required to make a sale deposit. All other purchasers shall make a sale deposit as follows:(a) If the apprais…

Ohio Rev. Code Ann. § 2329.22 Rule as to sale of lands by state

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Sections 2329.19 to 2329.21, inclusive, of the Revised Code do not affect the sale of lands by the state. All lands, the property of individuals, indebted to the state for debt, taxes, or in any other manner shall be sold without valuation for the discharge of such debt or taxes.

Ohio Rev. Code Ann. § 2329.23 Notices of sale of lands

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All notices and advertisements for the sale of lands and tenements located in a municipal corporation, made by virtue of the proceedings in a court of record, in addition to a description of the lands and tenements, shall contain the street number of the buildings erected on the …

Ohio Rev. Code Ann. § 2329.24 Name of township in certain cases

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All notices and advertisements for the sale of lands and tenements located in a township and not within the limits of a municipal corporation, which are made by virtue of proceedings in a court of record therein, must contain the name of the township in which the lands and teneme…

Ohio Rev. Code Ann. § 2329.25 Property to be sold without valuation

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If the property of a clerk of the court of common pleas, sheriff, coroner, county court judge, or constable, or of a collector of state, county, municipal corporation, or township taxes, is levied on, for or on account of money by him collected or received in his official capacit…

Ohio Rev. Code Ann. § 2329.26 Notice of date, time and place of sale

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(A) Lands and tenements taken in execution shall not be sold until all of the following occur:(1)(a) Except as otherwise provided in division (A)(1)(b) of this section, the judgment creditor who seeks the sale of the lands and tenements or the judgment creditor's attorney does bo…

Ohio Rev. Code Ann. § 2329.261 Notify land banks of foreclosure sales

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(A) As used in this section: (1) "Levying officer" means the officer who makes the public sale of the residential property subject to this section. "Levying officer" includes a private selling officer. (2) "Electing subdivision," "county land reutilization corporation," and "land…

Ohio Rev. Code Ann. § 2329.27 Public notice requirements - setting aside or confirmation of sale

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(A) When the public notice required by division (A)(2) of section 2329.26 of the Revised Code is made in a newspaper published weekly, it is sufficient to insert it for three consecutive weeks. If both a daily and weekly edition of the paper are published and the circulation of t…

Ohio Rev. Code Ann. § 2329.271 Identifying information submitted by purchaser

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(A)(1) Subject to division (A)(2) of this section, the purchaser of lands and tenements taken in execution shall submit to the officer who makes the sale the following information:(a)(i) If the purchaser is an individual, the information shall include the individual's name, maili…

Ohio Rev. Code Ann. § 2329.272 Open house of property prior to sale

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(A) The officer who will make the sale of lands and tenements that are delinquent vacant tenements or premises or abandoned tenements or premises may hold an open house of the delinquent vacant tenements or premises or abandoned tenements or premises to allow any person to view t…

Ohio Rev. Code Ann. § 2329.28 The return of the writ and record thereof

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The levying officer shall indorse on the writ of execution the officer's proceedings thereon, and the clerk of the court of common pleas, upon the return thereof, immediately shall record all such indorsements at length, in the execution docket, or other docket provided for that …

Ohio Rev. Code Ann. § 2329.29 Disposition of money made without sale of real estate

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If the sheriff collects any part of a judgment by virtue of an execution without the sale of real estate, he shall pay it to the judgment creditor, or his attorney, upon demand made therefor at the sheriff's office. If the execution is fully satisfied, the sheriff shall return it…

Ohio Rev. Code Ann. § 2329.30 Failure of purchaser to pay

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The court from which an execution or order of sale issues, upon notice and motion of the officer who makes the sale or of an interested party, may punish any purchaser of lands and tenements who fails to pay within thirty days of the confirmation of the sale the balance due on th…

Ohio Rev. Code Ann. § 2329.31 Confirmation and order for deed

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(A) Upon the return of any writ of execution for the satisfaction of which lands and tenements have been sold, on careful examination of the proceedings of the officer making the sale, if the court of common pleas finds that the sale was made, in all respects, in conformity with …