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Ohio Statutes, Title 27

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Title 27, Title 27. Courts-General Provisions-Special Remedies

28 chapters · 552 sections in this title.

All chapters in Title 27552 Ch 2712, Chapter 2712 | International Commerc…91 Ch 2715, Chapter 2715 | Attachment58 Ch 2743, Chapter 2743 | Court Of Claims55 Ch 2733, Chapter 2733 | Quo Warranto40 Ch 2713, Chapter 2713 | Arrest And Bail29 Ch 2725, Chapter 2725 | Habeas Corpus27 Ch 2729, Chapter 2729 | Lost And Destroyed Re…21 Ch 2711, Chapter 2711 | Arbitration20 Ch 2737, Chapter 2737 | Replevin20 Ch 2701, Chapter 2701 | Courts Of Record - Ge…17 Ch 2721, Chapter 2721 | Declaratory Judgments17 Ch 2717, Chapter 2717 | Change Of Name16 Ch 2731, Chapter 2731 | Mandamus16 Ch 2716, Chapter 2716 | Garnishment15

58 sections·Filtered byTitle 27✕Ch 2715✕

Ohio Rev. Code Ann. § 2715.01 Grounds of attachment
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(A) An attachment against the property, other than personal earnings, of a defendant may be had in a civil action for the recovery of money, at or after its commencement, upon any one of the following grounds:(1) Excepting foreign corporations which by compliance with the law the…
Ohio Rev. Code Ann. § 2715.011 Grounds of attachment definitions
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As used in this chapter:(A) "Probable cause to support the motion" means that it is likely that a plaintiff who files a motion for attachment pursuant to section 2715.03 of the Revised Code will obtain judgment against the defendant against whom the motion was filed that entitles…
Ohio Rev. Code Ann. § 2715.03 Motion and affidavit for order of attachment - contents
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A plaintiff in an action for the recovery of money, upon or at any time after the commencement of the action, may apply to the court by written motion for the attachment of property, other than personal earnings, of the defendant. The motion shall have attached to it the affidavi…
Ohio Rev. Code Ann. § 2715.04 Defendant may request hearing on motion
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A defendant against whom a motion for attachment is filed under section 2715.03 of the Revised Code may receive a hearing on the motion in accordance with section 2715.043 of the Revised Code by delivering a written request for a hearing to the court within five business days aft…

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Ohio Rev. Code Ann. § 2715.041 Form for notice of filing motion for order of attachment

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(A) Upon the filing of a motion for an order of attachment pursuant to section 2715.03 of the Revised Code, the plaintiff shall file with the clerk of the court a praecipe instructing the clerk to issue to the defendant against whom the motion was filed a notice of the proceeding…

Ohio Rev. Code Ann. § 2715.042 Issuing order of attachment without conducting hearing

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(A) If a motion for an order of attachment has been filed pursuant to section 2715.03 of the Revised Code, the court may issue an order of attachment without conducting a hearing if it finds all of the following:(1) The notice, motion, and affidavit have been served on the defend…

Ohio Rev. Code Ann. § 2715.043 Hearing on motion for order of attachment

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(A) Upon the filing of the motion for an order of attachment pursuant to section 2715.03 of the Revised Code, the court shall cause the matter to be set for hearing within twenty days thereafter and the defendant shall be notified in accordance with section 2715.041 of the Revise…

Ohio Rev. Code Ann. § 2715.044 Effective date of order of attachment

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An order of attachment issued by a court shall not be effective until the plaintiff that filed the motion for attachment files with the court a bond to the defendant against whom the motion was filed, executed by the plaintiff's surety, in an amount twice the approximate value of…

Ohio Rev. Code Ann. § 2715.045 Issuing order of attachment without notice or hearing

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(A) Upon the filing of a motion for attachment, a court may issue an order of attachment without issuing notice to the defendant against whom the motion was filed and without conducting a hearing if the court finds that there is probable cause to support the motion and that the p…

Ohio Rev. Code Ann. § 2715.05 Order of attachment

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(A) An order of attachment issued by the court shall be addressed and delivered to the levying officer, and shall require him, after the order has taken effect, to attach the lands, tenements, goods, chattels, stocks or interest in stocks, rights, credits, money, and effects of t…

Ohio Rev. Code Ann. § 2715.06 Two or more attachments

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Orders of attachment may be issued to levying officers of different counties. Several of them, at the option of the plaintiff, may be issued at the same time or in succession. Only those which have been executed shall be taxed in the costs, unless otherwise directed by the court.

Ohio Rev. Code Ann. § 2715.07 Return day of order

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The return day of the order of attachment shall be no later than twenty days after the order is issued.

Ohio Rev. Code Ann. § 2715.08 Order in which attachments are executed

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If there are several orders of attachment against the same defendant, they shall be executed in the order in which they were received by the levying officer.

Ohio Rev. Code Ann. § 2715.09 Manner of executing order of attachment

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(A) The levying officer shall execute an order of attachment, after it has taken effect, without delay. He shall go to the place where the defendant's property is, and he or his agent shall make a true inventory and appraisement of all the property which shall be set forth in his…

Ohio Rev. Code Ann. § 2715.091 Leaving notice of attachment and copy of order with garnishee

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(A) When the plaintiff, his agent, or attorney, in the affidavit accompanying a motion for attachment filed under section 2715.03 of the Revised Code, states that he has good reason to believe, and does believe, that a person named in the affidavit has property of the defendant o…

Ohio Rev. Code Ann. § 2715.10 Property may be delivered to persons with whom found

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The levying officer shall deliver the property attached under section 2715.09 of the Revised Code to the person in whose possession it was found, upon the person's executing a bond to the plaintiff, with sufficient surety, to the effect that the parties to it are bound in the sam…

Ohio Rev. Code Ann. § 2715.12 Effect of service of process upon public officer

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The service of process of garnishment under this chapter upon the sheriff, coroner, clerk, constable, master commissioner, marshal of a municipal corporation, or other officer having in his possession any money, claim, or other property of the defendant, other than personal earni…

Ohio Rev. Code Ann. § 2715.13 Garnishee to answer and be examined

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The answer of the garnishee required by section 2715.091 of the Revised Code shall be made before the clerk of the court of common pleas of the county in which the garnishee resides, or, if he resides out of the state, before the clerk of the county where he was served, or where …

Ohio Rev. Code Ann. § 2715.14 Clerk to transmit answer to proper court

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The clerk of the court of common pleas before whom the answer mentioned in section 2715.13 of the Revised Code is made shall transmit it to the clerk of the court in which the suit is pending, in the manner depositions are required to be directed and transmitted. For his services…

Ohio Rev. Code Ann. § 2715.15 Admission of indebtedness

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If in his answer under section 2715.13 of the Revised Code the garnishee admits an indebtedness to the defendant, and the court orders the payment of it in whole or part to the plaintiff, and the garnishee fails to pay according to such order, execution may issue thereon as upon …

Ohio Rev. Code Ann. § 2715.16 Different attachments may be made by the same officer

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Different attachments of the same property may be made by the same officer; but one inventory and appraisement are sufficient, and it is not necessary to return them with more than one order of attachment.

Ohio Rev. Code Ann. § 2715.17 Subsequent attachments

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When property is under attachment, attachments thereon under subsequent orders of attachment must be as follows:(A) If it is real property, it shall be attached in the manner prescribed for executing attachment.(B) If it is personal property, it shall be attached as in the hands …

Ohio Rev. Code Ann. § 2715.18 Form of return

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The levying officer shall return upon every order of attachment what he has done under it. The return shall show the property attached and the time it was attached. When garnishees are served under this chapter, their names, and the time each was served, shall be stated. The offi…

Ohio Rev. Code Ann. § 2715.19 Property and garnishee bound

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An order of attachment shall bind the property attached from the time of service. A garnishee under this chapter shall be liable to the plaintiff in attachment for all property of the defendant in his hands, and money and credits due from him to the defendant, other than personal…

Ohio Rev. Code Ann. § 2715.20 Receiver may be appointed

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On application of the plaintiff, and for good cause shown, the court, may appoint a receiver, who shall take an oath and give a bond as is provided in other cases.

Ohio Rev. Code Ann. § 2715.21 Powers and duties of receiver

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(A) The receiver appointed under section 2715.20 of the Revised Code shall take possession of all notes, due bills, books of account, accounts, and other evidences of debt, that have been taken by the levying officer as the property of the defendant in attachment, and proceed to …

Ohio Rev. Code Ann. § 2715.22 Notice of appointment of receiver

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The receiver appointed under section 2715.20 of the Revised Code forthwith shall give written or printed notice of his appointment to the persons indebted to the defendant in attachment, which notice must be served on the debtor by a copy personally, or by a copy left at his resi…

Ohio Rev. Code Ann. § 2715.23 Report of receiver

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When required, the receiver appointed under section 2715.20 of the Revised Code shall report his proceedings to the court, and hold all money collected by him, and property which may come into his hands, subject to the order of the court.

Ohio Rev. Code Ann. § 2715.24 Officer to act as receiver

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When a receiver is not appointed as provided in section 2715.20 of the Revised Code, the levying officer who attaches the property shall have the powers and perform the duties of a receiver appointed by the court, and, if necessary, as such officer may commence and maintain actio…

Ohio Rev. Code Ann. § 2715.25 Disposal of attached property

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The court may make proper orders for the preservation of property attached during the pendency of a suit and direct a sale of it when, because of its perishable nature or the costs of its keeping, that will be for the benefit of the parties. The sale shall be public, after such a…

Ohio Rev. Code Ann. § 2715.26 Discharge of attachment by bond - deposit in lieu of bond

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If the defendant, or other person on his behalf, before judgment, executes a bond to the plaintiff, with sufficient surety resident in the county and approved by the court, in the same amount as the bond filed by the plaintiff under section 2715.044 of the Revised Code, or if the…

Ohio Rev. Code Ann. § 2715.27 Claim for causing death or injury

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When the plaintiff's claim is for causing death or personal injury by a negligent or wrongful act, the bond required by section 2715.26 of the Revised Code shall be in such amount as is fixed by the court where the action is pending, or a judge thereof if application is made in v…

Ohio Rev. Code Ann. § 2715.28 Bond may be executed in vacation

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The bond mentioned in sections 2715.26 and 2715.27 of the Revised Code, in vacation, may be executed in the presence of the officer having the order of attachment in his hands, or, after its return before the clerk, with the same effect as if executed in court. The sureties shall…

Ohio Rev. Code Ann. § 2715.29 Appearance and answer of garnishee

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After written notice is issued to a garnishee as provided in section 2715.091 of the Revised Code, the garnishee shall appear and answer within the time allowed the defendant to answer the petition upon which the attachment was granted. Under oath, he shall answer all questions p…

Ohio Rev. Code Ann. § 2715.30 Garnishee may pay money into court

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A garnishee under this chapter shall deliver the property in his hands or pay the money other than personal earnings owing by him to the defendant, or so much thereof as the court orders, into court in accordance with section 2715.32 of the Revised Code. He shall be discharged fr…

Ohio Rev. Code Ann. § 2715.31 Attachment of garnishee for contempt

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If a garnishee under this chapter fails to appear in court and answer, as required by section 2715.29 of the Revised Code, the court may proceed against him for a contempt.

Ohio Rev. Code Ann. § 2715.32 Disposition of property in hands of garnishee

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If a garnishee under this chapter appears and answers, as required by section 2715.29 of the Revised Code, and on his examination it is discovered that at or after the service of the order and notice upon him under section 2715.091 of the Revised Code, he was possessed of propert…

Ohio Rev. Code Ann. § 2715.33 Action against the garnishee

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If the garnishee fails to appear and answer as required by section 2715.29 of the Revised Code, or if he appears and answers and his disclosure is not satisfactory to the plaintiff, or if he fails to comply with the order of the court to deliver the property and pay the money owi…

Ohio Rev. Code Ann. § 2715.34 Payment of costs by plaintiff

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If the plaintiff proceeds against the garnishee by action, as provided in section 2715.33 of the Revised Code, for the cause that his disclosure was unsatisfactory, unless it appears on the trial that such disclosure was incomplete, the plaintiff must pay the costs thereof. When …

Ohio Rev. Code Ann. § 2715.35 Judgment against garnishee

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Final judgment shall not be rendered against a garnishee under section 2715.091 of the Revised Code until the action against the defendant in attachment is determined. If judgment is rendered therein for the defendant in attachment, the garnishee shall be discharged, and recover …

Ohio Rev. Code Ann. § 2715.36 Judgment for defendant

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If the judgment in an action in attachment is rendered for the defendant, the attachment shall be discharged, and the property attached or its proceeds returned to him.

Ohio Rev. Code Ann. § 2715.37 Proceedings after judgment for plaintiff

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If judgment is rendered for the plaintiff in an action in attachment, it shall be satisfied as follows: So much of the property in the hands of the levying officer, after applying the money arising from the sale of perishable property and so much of the personal property, and lan…

Ohio Rev. Code Ann. § 2715.38 Court may enforce the delivery of property

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The court may compel the delivery to the levying officer, for sale, of any attached property for which a bond has been given, and may proceed summarily on such bond to enforce delivery of the property, or payment of the money due thereon, by rules and attachment as in cases of co…

Ohio Rev. Code Ann. § 2715.39 Repossession of attached property

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For the purpose of selling it, the court may order the levying officer to repossess himself of attached property which has passed out of his hands without having been sold or converted into money. Under such order, the officer shall have the same power to take the property as und…

Ohio Rev. Code Ann. § 2715.40 Attached property claimed by a third person

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If personal property which has been attached is claimed by a person other than the defendant, the levying officer shall have the validity of such claim tried; and such proceedings shall be had, with like effect, as in case of property seized upon execution, and claimed by a third…

Ohio Rev. Code Ann. § 2715.41 Priority of attachments

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When several attachments are executed on the same property, or the same person is made a garnishee by several parties, on the motion of any of the plaintiffs, the court may order a reference to ascertain and report the amounts and priorities of the several attachments.

Ohio Rev. Code Ann. § 2715.42 Proceedings do not end by death of defendant

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From the time an order of attachment is issued, the court shall have jurisdiction and control of all subsequent proceedings under sections 2715.01 to 2715.49, inclusive, of the Revised Code. After the order issues, if the defendant dies, or if the defendant is a corporation and i…

Ohio Rev. Code Ann. § 2715.43 Objection to surety - additional security

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(A) In any case in which a motion for attachment is filed, the defendant against whom the motion is filed may object to the surety of the plaintiff that filed the motion on the bond filed under section 2715.044 of the Revised Code, and the plaintiff may object to the surety of th…

Ohio Rev. Code Ann. § 2715.431 Complaint against surety

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A party may seek recovery of damages awarded on final judgment and the costs of judgment execution against the other party's surety on a bond filed pursuant to section 2715.044, 2715.10, or 2715.26 of the Revised Code if execution of judgment issued in favor of that party is retu…

Ohio Rev. Code Ann. § 2715.44 Motion to discharge attachment

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Before judgment, upon reasonable notice to the plaintiff, the defendant may move to discharge an attachment as to the whole or any of the property attached. The motion shall promptly be heard and decided by the court.