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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

552 sections·Filtered byTitle 27✕

Ohio Rev. Code Ann. § 2715.52 Action to be dismissed if attachment refused
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If the court or judge refuses to grant an order of attachment under section 2715.50 of the Revised Code, the action shall be dismissed, but without prejudice to a future action. In all such actions application for an attachment must be made.
Ohio Rev. Code Ann. § 2716.01 Garnishing personal earnings or property of judgment debtor
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(A) A person who obtains a judgment against another person may garnish the personal earnings of the person against whom judgment was obtained only through a proceeding in garnishment of personal earnings and only in accordance with this chapter.(B) A person who obtains a judgment…
Ohio Rev. Code Ann. § 2716.02 Form for notice of court proceeding to collect debt
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(A) Any person seeking an order of garnishment of personal earnings, after obtaining a judgment, shall make the following demand in writing for the excess of the amount of the judgment over the amount of personal earnings that may be exempt from execution, garnishment, attachment…
Ohio Rev. Code Ann. § 2716.03 Commencing proceeding for garnishment of personal earnings
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(A) Subject to the limitation on the commencement of proceedings contained in division (B) of section 124.10 of the Revised Code, a proceeding in garnishment of personal earnings may be commenced after a judgment has been obtained by a judgment creditor by the filing of an affida…

Ohio Rev. Code Ann. § 2716.031 Filing affidavit of current balance due on garnishment order

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(A) The judgment creditor or judgment creditor's attorney shall file with the court, the garnishee, and the judgment debtor an affidavit of current balance due on garnishment order that contains the current balance due on the order. The judgment creditor or attorney shall file th…

Ohio Rev. Code Ann. § 2716.04 Proof of service of written demand

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The affidavit required by section 2716.03 of the Revised Code in a proceeding for garnishment of personal earnings shall be accompanied by the return receipt requested for the written demand made pursuant to section 2716.02 of the Revised Code, the unclaimed letter, or a photogra…

Ohio Rev. Code Ann. § 2716.041 Order of garnishment of personal earnings to be continuous

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(A) When a municipal court, county court, or court of common pleas issues an order of garnishment of personal earnings following a judgment creditor's filing of an affidavit in accordance with section 2716.03 of the Revised Code and the judgment creditor's compliance with section…

Ohio Rev. Code Ann. § 2716.05 Service of order and notices on garnishee

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The garnishee shall be served, in the same manner as a summons is served, with three copies of the order of garnishment of personal earnings and of a written notice that the garnishee answer as provided in division (E) of section 2716.041 of the Revised Code, this section, and se…

Ohio Rev. Code Ann. § 2716.06 Form for notice to judgment debtor

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(A) The notice to the judgment debtor that must be served on the garnishee and delivered to the judgment debtor shall be in substantially the following form:"(Name and Address of the Court)(Case Caption) Case No. _______NOTICE TO THE JUDGMENT DEBTORYou are hereby notified that th…

Ohio Rev. Code Ann. § 2716.07 Payments on continuous order of garnishment of personal earnings

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(A) Subject to divisions (C)(1) and (D) of section 2716.041 and section 2716.05 of the Revised Code, a garnishee to whom a municipal or county court or court of common pleas issues a continuous order of garnishment of personal earnings shall pay to the court within thirty days af…

Ohio Rev. Code Ann. § 2716.08 Form for final report and answer of garnishee

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(A) Subject to division (D) of section 2716.041 of the Revised Code, if a continuous order of garnishment of personal earnings ceases to remain in effect because of the operation of division (C)(1) of that section, the garnishee shall file with the municipal or county court or co…

Ohio Rev. Code Ann. § 2716.09 Modifying and interrupting the processing of an order of garnishment of personal earnings

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(A) Except as otherwise provided in this section, a municipal or county court or court of common pleas does not have jurisdiction to modify and interrupt the processing of an order of garnishment of personal earnings that that court issued in a proceeding in garnishment of person…

Ohio Rev. Code Ann. § 2716.11 Garnishment of property, other than personal earnings of judgment debtor

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A proceeding for garnishment of property, other than personal earnings, may be commenced after a judgment has been obtained by a judgment creditor by the filing of an affidavit in writing made by the judgment creditor or the judgment creditor's attorney setting forth all of the f…

Ohio Rev. Code Ann. § 2716.12 Garnishee's fee

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The affidavit required by section 2716.11 of the Revised Code in a proceeding for garnishment of property, other than personal earnings, shall be accompanied by one dollar as the garnishee's fee for compliance with the order, no part of which shall be charged as court costs.

Ohio Rev. Code Ann. § 2716.13 Hearing on motion for garnishment of property, other than personal earnings of judgment debtor

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(A) Upon the filing of a proceeding in garnishment of property, other than personal earnings, under section 2716.11 of the Revised Code, the court shall cause the matter to be set for hearing within twelve days after that filing. (B) Upon the scheduling of a hearing relative to a…

Ohio Rev. Code Ann. § 2716.21 Garnishee's answer

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(A) If the answer of a garnishee required by section 2716.05 or 2716.13 of the Revised Code is not made in writing as ordered by the court that issued the garnishment order, the answer shall be made before the clerk of the court of common pleas of the county in which the garnishe…

Ohio Rev. Code Ann. § 2717.01 Definitions

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As used in this chapter: (A) "Application" means, as context requires, an application under section 2717.02, 2717.04, or 2717.13 of the Revised Code. (B) "Applicant" means, as context requires, a person who makes the filing under section 2717.02 or 2717.04 of the Revised Code, or…

Ohio Rev. Code Ann. § 2717.02 Application for change of name allowed

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A person desiring to change the person's name may file an application in the probate court of the county in which the person resides. Last updated May 21, 2021 at 10:04 AM

Ohio Rev. Code Ann. § 2717.03 Contents of application for change of name

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Subject to sections 2717.07 and 2717.19 of the Revised Code, an application for a change of name shall set forth all of the following: (A) That the applicant has been a bona fide resident of the county for at least sixty days prior to the filing of the application. (B) The reason…

Ohio Rev. Code Ann. § 2717.04 Application to conform legal name allowed

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A person desiring to conform the person's legal name on an official identity document may file an application in the probate court of the county in which the person resides. Last updated May 21, 2021 at 10:05 AM

Ohio Rev. Code Ann. § 2717.05 Contents of application to conform legal name

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Subject to sections 2717.07 and 2717.19 of the Revised Code, an application to conform a legal name shall set forth all of the following: (A) That the applicant has been a bona fide resident of the county where the applicant is filing for at least sixty days prior to the filing o…

Ohio Rev. Code Ann. § 2717.06 Supporting affidavit

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(A) An application shall be supported by an affidavit verifying all of the following: (1) The applicant's residency in the county for a period of at least sixty days; (2) That the application is not made for the purpose of evading any creditors or other obligations; (3) That the …

Ohio Rev. Code Ann. § 2717.07 Evidence of identity

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A probate court by local rule or order may require an applicant to submit a copy of any or all of the applicant's official identity documents or other documentary evidence relating to the applicant's identity that the court deems relevant to the application. Last updated May 21, …

Ohio Rev. Code Ann. § 2717.08 Hearing

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The probate court may hold a hearing on an application. Except as provided in sections 2717.11 and 2717.14 of the Revised Code, if the court requires a hearing, it shall set the manner, scope, and content of the hearing notice the applicant must serve. Last updated May 21, 2021 a…

Ohio Rev. Code Ann. § 2717.09 Court order

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Except as provided under section 2717.16 of the Revised Code, upon proof that the facts set forth in the application show reasonable and proper cause for changing the name of the applicant and, if applicable, upon proof that proper notice was served, the court may order the chang…

Ohio Rev. Code Ann. § 2717.10 Misspelling, inconsistency, or other error

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Upon proof that the facts set forth in the application show that a misspelling, inconsistency, or other error of the applicant's legal name on an official identity document exists, and that reasonable and proper cause exists for issuing an order that resolves the discrepancy and …

Ohio Rev. Code Ann. § 2717.11 Sealing records

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If an applicant submits to the court, along with the application, satisfactory proof that open records of the name change or conformity, or publication of the hearing notice under section 2717.08 of the Revised Code, would jeopardize the applicant's personal safety, both of the f…

Ohio Rev. Code Ann. § 2717.13 Application to change or conform allowed on behalf of minor

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An application for change of name under section 2717.02 of the Revised Code or to conform a name under section 2717.04 of the Revised Code may be made on behalf of a minor by either of the minor's parents, a legal guardian, a legal custodian, or a guardian ad litem. Last updated …

Ohio Rev. Code Ann. § 2717.14 Application on behalf of minor

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(A) When an application is made on behalf of a minor, in addition to the proof required under sections 2717.03 or 2717.05 of the Revised Code and, if applicable, proof of the notice given under section 2717.08 of the Revised Code, the consent of both living, legal parents of the …

Ohio Rev. Code Ann. § 2717.16 Change of name prohibited

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(A) The court shall not order a change of name under section 2717.09 of the Revised Code if the person applying for a change of name has a duty to comply with section 2950.04 or 2950.041 of the Revised Code because the applicant was convicted of, pleaded guilty to, or was adjudic…

Ohio Rev. Code Ann. § 2717.18 Action to conform legal name prohibited

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An action to conform the legal name of a person under section 2717.04 of the Revised Code shall not be permitted in lieu of either of the following: (A) Correction of a birth record under section 3705.15 of the Revised Code; (B) Changing a legal name to a name that is not used in…

Ohio Rev. Code Ann. § 2717.19 Criminal records check

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(A) On receipt of an application, the probate court may order a criminal records check. (B) Any fee required for the criminal records check shall be paid by the applicant. Last updated May 21, 2021 at 10:16 AM

Ohio Rev. Code Ann. § 2719.01 Intention of parties

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When there is an omission, defect, or error in an instrument in writing or in a proceeding by reason of the inadvertence of an officer, or of a party, person, or body corporate, so that it is not in strict conformity with the laws of this state, the courts of this state may give …

Ohio Rev. Code Ann. § 2719.02 Certain errors, defects, and omissions may be corrected

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When an error, omission, or defect as described in section 2719.01 of the Revised Code occurs in an instrument or proceeding which is required to be made a matter of record, a party, person, body corporate, or persons intending and undertaking to become a body corporate, having o…

Ohio Rev. Code Ann. § 2719.03 Petition to be filed

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When the record to be corrected is in any way connected with a body corporate, the petition mentioned in section 2719.02 of the Revised Code shall be filed in the county wherein the principal office of such corporation is located, and in all other cases, in the county wherein the…

Ohio Rev. Code Ann. § 2719.04 Service

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When the application provided for in section 2719.02 of the Revised Code is made by a body corporate, or by persons intending and undertaking to become such, notice of the application, specifying the error, defect, or omission complained of, and the time and place of hearing it, …

Ohio Rev. Code Ann. § 2719.05 Order to correct error

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Upon being satisfied that the mistake, error, or omission set forth in the application under section 2719.02 of the Revised Code was made, the court of common pleas shall make an order to correct it, which order shall be filed in the office wherein such record is required to be k…

Ohio Rev. Code Ann. § 2719.06 Court may correct errors in deed involving husband and wife

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The court of common pleas may correct, amend, and relieve against errors, defects, or mistakes occurring in the deed or other conveyance of a husband and wife, executed and intended to convey or encumber the lands or estate of the wife, or her right of dower in the lands of her h…

Ohio Rev. Code Ann. § 2721.01 Person defined

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As used in this chapter, "person" means any person, partnership, joint-stock company, unincorporated association, society, municipal corporation, or other corporation.

Ohio Rev. Code Ann. § 2721.02 Force and effect of declaratory judgments - action or proceeding against insurer

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(A) Subject to division (B) of this section, courts of record may declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding is open to objection on the ground that a declaratory judgment or decree is prayed for…

Ohio Rev. Code Ann. § 2721.03 Construction or validity of instrument or legal provision

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Subject to division (B) of section 2721.02 of the Revised Code, any person interested under a deed, will, written contract, or other writing constituting a contract or any person whose rights, status, or other legal relations are affected by a constitutional provision, statute, r…

Ohio Rev. Code Ann. § 2721.04 Contract

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Subject to division (B) of section 2721.02 of the Revised Code, a contract may be construed by a declaratory judgment or decree either before or after there has been a breach of the contract.

Ohio Rev. Code Ann. § 2721.05 Determination of rights or legal relations

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As used in this section, "incompetent person" means a person who is so mentally impaired, as a result of a mental or physical illness or disability, as a result of an intellectual disability, or as a result of chronic substance abuse, that the person is incapable of taking proper…

Ohio Rev. Code Ann. § 2721.06 Powers not restricted

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Sections 2721.03 to 2721.05 of the Revised Code do not limit or restrict the exercise of the general powers conferred by division (A) of section 2721.02 of the Revised Code in any action or proceeding in which declaratory relief is sought under this chapter and in which a judgmen…

Ohio Rev. Code Ann. § 2721.07 Court may refuse judgment

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Courts of record may refuse to render or enter a declaratory judgment or decree under this chapter if the judgment or decree would not terminate the uncertainty or controversy giving rise to the action or proceeding in which the declaratory relief is sought.

Ohio Rev. Code Ann. § 2721.08 Appeals

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All judgments and decrees under this chapter may be reviewed on appeal as are other judgments and decrees of the court of record involved.

Ohio Rev. Code Ann. § 2721.09 Further relief granted

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Subject to section 2721.16 of the Revised Code, whenever necessary or proper, a court of record may grant further relief based on a declaratory judgment or decree previously granted under this chapter. The application for the further relief shall be by a complaint filed in a cour…

Ohio Rev. Code Ann. § 2721.10 Determination of issues of fact

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When an action or proceeding in which declaratory relief is sought under this chapter involves the determination of an issue of fact, that issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which …

Ohio Rev. Code Ann. § 2721.11 Costs

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In any action or proceeding in which declaratory relief is sought under this chapter, the court may make an award of court costs as is equitable and just.

Ohio Rev. Code Ann. § 2721.12 Declaratory judgment procedure

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(A) Subject to division (B) of this section, when declaratory relief is sought under this chapter in an action or proceeding, all persons who have or claim any interest that would be affected by the declaration shall be made parties to the action or proceeding. Except as provided…