reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2325 | Relief After Judgment › Section 2325.03 | Bona Fide Purchaser Unaffected.

Effective:
November 15, 1977
Latest Legislation:
Senate Bill 162 - 112th General Assembly
The title to property, which title is the subject of a final judgment or order sought to be vacated, modified, or set aside by any type of proceeding or attack and which title has, by, in consequence of, or in reliance upon the final judgment or order, passed to a purchaser in good faith, shall not be affected by the proceeding or attack; nor shall the title to property that is sold before judgment under an attachment be affected by the proceeding or attack. "Purchaser in good faith," as used in this section, includes a purchaser at a duly confirmed judicial sale.
This section does not apply if in the proceeding resulting in the judgment or order sought to be vacated, modified, or set aside, the person then holding the title in question was not lawfully served with process or notice, as required by the law or Civil Rules applicable to the proceeding.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2325 | Relief After Judgment › Section 2325.12 | Recovery of Excess of Amount Claimed in Pleading.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When, by mistake of the pleader, the amount claimed in the pleading and recovered is less than the true amount then due, the party injured by the mistake may recover the balance by civil action, without costs.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2325 | Relief After Judgment › Section 2325.15 | Revivor of Dormant Judgment or Finding.

Effective:
January 9, 1961
Latest Legislation:
House Bill 1 - 104th General Assembly
When a judgment, including judgments rendered by a judge of a county court or mayor, a transcript of which has been filed in the court of common pleas for execution, is dormant, or when a finding for money in equitable proceedings remains unpaid in whole or in part, under the order of the court therein made, such judgment may be revived, or such finding made subject to execution as judgments at law are, in the manner prescribed for reviving actions before judgment, or by action in the court in which such judgment was rendered or finding made, or in which transcript of judgment was filed.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2325 | Relief After Judgment › Section 2325.16 | Service by Publication.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When either party to the dormant judgment or finding mentioned in section 2325.15 of the Revised Code, his agent or attorney, makes affidavit showing that the adverse party is not a resident of the state, that such judgment or finding remains unsatisfied in whole or part and the amount owing thereon, service may be made by publication, as provided in section 2703.18 of the Revised Code, but only for judgments or findings in which personal service originally was made on the adverse party.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2325 | Relief After Judgment › Section 2325.17 | Time a Lien Attaches When a Dormant Judgment Is Revived.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If sufficient cause is not shown to the contrary, the judgment or finding mentioned in section 2325.15 of the Revised Code shall stand revived, and thereafter may be made to operate as a lien upon the lands and tenements of each judgment debtor for the amount which the court finds to be due and unsatisfied thereon to the same extent and in the same manner as judgments or findings rendered in any other action.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2325 | Relief After Judgment › Section 2325.18 | Limitation.

Effective:
June 2, 2004
Latest Legislation:
House Bill 212 - 125th General Assembly
(A) An action to revive a judgment can only be brought within ten years from the time it became dormant, unless the party entitled to bring that action, at the time the judgment became dormant, was within the age of minority, of unsound mind, or imprisoned, in which cases the action may be brought within ten years after the disability is removed.
(B) For the purpose of calculating interest due on a revived judgment, interest shall not accrue and shall not be computed from the date the judgment became dormant to the date the judgment is revived.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2325 | Relief After Judgment › Section 2325.19 | New Parties to and Revivor of Judgment on Death of Party.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In case of the death of either or both parties after judgment rendered, and before its satisfaction, his or their representatives may be made parties to the judgment, and it may be revived by an action brought for that purpose; or they may be made parties thereto in the manner prescribed for the revival of actions before judgment. Such judgment may be rendered and execution awarded as might or should have been given or awarded against the representative of such deceased party.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2325 | Relief After Judgment › Section 2325.20 | Judgment Remanded for Execution by Court of Common Pleas May Be Revived.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a judgment or decree has been rendered in the court of appeals and a mandate directed to the court of common pleas to carry it into execution, on the death of either or both parties thereto before its satisfaction, it may be revived in such court of common pleas in conformity with section 2325.19 of the Revised Code.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2327 | Execution Generally › Section 2327.01 | Execution Defined.

Effective:
September 28, 2016
Latest Legislation:
House Bill 390 - 131st General Assembly
(A) As used in this chapter, "private selling officer" has the same meaning as in section 2329.01 of the Revised Code.
(B)(1) An execution is a process of a court, issued by its clerk, the court itself, or the county board of revision with jurisdiction pursuant to section 323.66 of the Revised Code, and directed to the sheriff of the county.
(2) An execution includes a process of a court, issued by its clerk or the court itself, and directed to a private selling officer authorized in accordance with section 2329.151, 2329.152, or 5721.39 of the Revised Code.
(3) Executions may be issued to the sheriffs of different counties or different private selling officers at the same time.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2327 | Execution Generally › Section 2327.02 | Kinds of Execution.

Effective:
April 6, 2017
Latest Legislation:
House Bill 463 - 131st General Assembly
(A) Executions are of three kinds:
(1) Against the property of the judgment debtor, including orders of sale or orders to transfer property pursuant to sections 323.28, 323.65 to 323.78, and 5721.19 of the Revised Code;
(2) Against the person of the judgment debtor;
(3) For the delivery of the possession of real property, including real property sold under orders of sale or transferred under orders to transfer property pursuant to sections 323.28, 323.65 to 323.78, and 5721.19 of the Revised Code.
(B) The writ shall contain a specific description of the property, and a command to the sheriff or private selling officer to deliver it to the person entitled to the property. It also may require the sheriff to make the damages recovered for withholding the possession and costs, or costs alone, out of the property of the person who so withholds it.
(C) In the case of foreclosures of real property, including foreclosures for taxes, mortgages, judgment liens, and other valid liens, the description of the property, the order of sale, order to transfer, and any deed or deed forms may be prepared, adopted, and otherwise approved in advance by the court having jurisdiction or the county board of revision with jurisdiction pursuant to section 323.66 of the Revised Code, directly commanding the sheriff or the private selling officer to sell, convey, or deliver possession of the property as commanded in that order. In those cases, the clerk shall journalize the order and deliver that writ or order to the sheriff or private selling officer for execution. If the property is sold under an order of sale or transferred under an order to transfer, the officer who conducted the sale or made the transfer of the property shall collect the deposit pursuant to section 2329.211 of the Revised Code and, following confirmation of the sale or transfer and the payment of the balance due on the purchase price of the property, shall execute and record the deed conveying title to the property to the purchaser or transferee. For purposes of recording that deed, by placement of a bid or making a statement of interest by any party ultimately awarded the property, the purchaser or transferee thereby appoints the officer who makes the sale or is charged with executing and delivering the deed as agent for that purchaser or transferee for the sole purpose of accepting delivery of the deed.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2327 | Execution Generally › Section 2327.03 | Disposition of Property in Hands of Trustee.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When it is admitted by the pleading, or on the examination of a party, that he has in his possession, or under his control, money or other thing capable of delivery, which is the subject of the litigation, and held by him as trustee for another party, or which belongs or is due to another party, the court may order it to be deposited in court or delivered to such party, with or without security, subject to its further direction.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2327 | Execution Generally › Section 2327.04 | Enforcing Orders of Court.

Effective:
September 28, 2016
Latest Legislation:
House Bill 390 - 131st General Assembly
When, in the exercise of its authority, a court orders the deposit or delivery of money or other thing, and the order is disobeyed, besides punishing the disobedience as for a contempt, the court may make an order requiring the sheriff or private selling officer to take the money or thing and deposit or deliver it in conformity with the court's direction.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.01 | Property Subject to Levy and Sale.

Effective:
September 28, 2016
Latest Legislation:
House Bill 390 - 131st General Assembly
(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 2329.61 of the Revised Code.
(B) As used in sections 2329.02 to 2329.61 of the Revised Code:
(1) "Commercial property" means any property that is not residential property.
(2) "Private selling officer" means a resident of this state licensed as both an auctioneer under Chapter 4707. of the Revised Code and as a real estate broker or real estate salesperson under Chapter 4735. of the Revised Code.
(3) "Residential mortgage loan" and "residential property" have the same meanings as in section 2308.01 of the Revised Code.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.021 | Foreign Judgment Defined.

Effective:
July 29, 1983
Latest Legislation:
Senate Bill 23 - 115th General Assembly
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.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.022 | Filing and Status of Foreign Judgments.

Effective:
July 29, 1983
Latest Legislation:
Senate Bill 23 - 115th General Assembly
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 court of common pleas. A foreign judgment filed pursuant to this section has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of a court of common pleas and may be enforced or satisfied in same manner as a judgment of a court of common pleas.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.023 | Notice of Filing.

Effective:
July 29, 1983
Latest Legislation:
Senate Bill 23 - 115th General Assembly
(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 judgment debtor and of the judgment creditor.
(B) Upon the filing of a foreign judgment pursuant to section 2329.022 of the Revised Code and the affidavit pursuant to division (A) of this section, the judgment creditor or his attorney shall file with the clerk of the court a praecipe instructing the clerk to issue a notice of the filing of the foreign judgment to the judgment debtor at the address given in the affidavit. The clerk shall enter a note of the mailing in the docket. The notice shall include the name and address of the judgment creditor, and of the judgment creditor's attorney, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the foreign judgment to the judgment debtor and may file proof of mailing with the clerk. The failure of the clerk to mail to the judgment debtor notice of the filing of the foreign judgment does not affect the enforcement proceedings with respect to the foreign judgment, if the judgment creditor has filed proof that he mailed a notice of the filing to the judgment debtor.
(C) No execution or other process for enforcement of a foreign judgment that is filed pursuant to section 2329.022 of the Revised Code shall issue until thirty days after the date the foreign judgment is filed pursuant to that section.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.024 | Stay.

Effective:
July 29, 1983
Latest Legislation:
Senate Bill 23 - 115th General Assembly
(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 to the court that the judgment debtor has furnished the security for the satisfaction of the foreign judgment that is required by the jurisdiction in which the foreign judgment was rendered, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated.
(B) If the judgment debtor shows the court of common pleas any ground upon which enforcement of a judgment of a court of common pleas would by stayed, the court shall, upon requiring the same security for satisfaction of the judgment that is required in this state, stay enforcement of a foreign judgment that is filed pursuant to section 2329.022 of the Revised Code for an appropriate period.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.025 | Fees.

Effective:
July 29, 1983
Latest Legislation:
Senate Bill 23 - 115th General Assembly
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.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.026 | Optional Procedure.

Effective:
July 29, 1983
Latest Legislation:
Senate Bill 23 - 115th General Assembly
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.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.027 | Uniformity of Interpretation.

Effective:
July 29, 1983
Latest Legislation:
Senate Bill 23 - 115th General Assembly
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.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.03 | Lien Without Filing of Certificate.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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 of the Revised Code, from the time when the same are seized in execution. Goods and chattels of a judgment debtor shall be bound from the time they are seized in execution.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.04 | Judgments of Inferior Courts - Stay of Execution - Certificate in Lieu of Transcript.

Effective:
January 1, 1958
Latest Legislation:
House Bill 937 - 102nd General Assembly
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. The certificate of such judgment shall be made by the clerk of any such court or judge of a county court except that as to all judgments mentioned in section 5309.54 of the Revised Code, when the certificate is to be filed in the office of the county recorded in order to obtain a lien upon registered lands, the same shall be procured and issued as provided in said sections. When any certificate of a judgment of any such court made by the clerk of such court or judge of a county court has been filed in the office of the clerk of the court of common pleas of any county, and docketed and indexed therein, execution may be issued out of such court of common pleas upon such judgment, and such further proceedings to enforce said judgment may be had as if the same had been rendered in such court of common pleas. If stay of execution of any such judgment is obtained, such facts shall be certified by the clerk of the court rendering the decision or the judge of a county court, to the clerk of the court of common pleas, who shall enter a memorandum of such stay upon the judgment docket. Such certificate of judgment shall be used instead of a transcript in every case where it is or has been provided by law that a transcript of a judgment shall be filed in order to obtain a lien upon the lands.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.05 | Judgment of Supreme Court.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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 the clerk of the supreme court or by the clerk of the court to which the mandate of the supreme court is directed or to which such judgment is finally remanded for execution, in like manner as is provided in sections 2329.02 and 2329.04 of the Revised Code. The goods and chattels of the judgment debtor shall be bound from the time they are seized in execution. This section does not affect the lien of any judgment which, having attached to property of a judgment debtor in any county, is preserved pending the review of such judgment upon appeal in the court of appeals or the supreme court.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.06 | Lien of a Judgment When Action Removed to Supreme Court.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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 divested or vacated, but shall be continued until the final determination of the action in the supreme court.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.071 | Property Unsold Twelve Months After Decree.

Effective:
April 6, 2017
Latest Legislation:
House Bill 463 - 131st General Assembly
(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:
(1) The local political subdivision may request, by motion or resolution, or by other means, that the county prosecuting attorney file a motion with the court for the sale of the property.
(2) Upon receiving such a request, or upon the prosecuting attorney's own motion, the prosecuting attorney of the county in which the action was filed may file a motion with the court for authorization to sell the property in the same manner as if the prosecuting attorney were the attorney for the party in whose favor the decree of foreclosure and order of sale was entered.
(B)(1) The prosecuting attorney, pursuant to division (A) of this section, shall serve a copy of the motion on all parties who entered an appearance in the foreclosure action in accordance with the Rules of Civil Procedure.
(2) The court shall decide the motion described in division (A) of this section not sooner than thirty days after the date of the filing of the motion. Unless the court finds good cause as to why the property should not be sold, the court shall grant the motion and order the prosecuting attorney to issue a praecipe for order of sale and sell the property at the next available public auction with the minimum bid set pursuant to division (B)(3) of this section and in accordance with the terms of the order of sale and applicable provisions of the Revised Code.
(3) The minimum bid for the sale under division (B)(2) of this section shall be equal to the total amount of the unpaid taxes and court costs. If that amount is greater than the appraised value of the property, the court shall determine the minimum bid, which shall not exceed the appraised value of the property. If the property is sold for less than the unpaid taxes and court costs, then the court shall order the county auditor to discharge all unpaid taxes and court costs.
(C) The judgment creditor in the foreclosure action has the right to redeem the property within fourteen days after the sale by paying the purchase price. The judgment creditor shall pay the purchase price to the clerk of the court in which the judgment was rendered or the order of sale was made. Upon timely payment, the court shall proceed as described in section 2329.31 of the Revised Code, with the judgment creditor considered the successful purchaser at sale.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.08 | Limitation of Enforcement of Deficiency Judgment - Waiver - Pending Actions.

Effective:
September 16, 1957
Latest Legislation:
House Bill 702 - 102nd General Assembly
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 dwelling or dwellings for not more than two families which has been used in whole or in part as a home or farm dwelling or which at any time was held as a homestead by the person who executed or assumed such mortgage or other instrument, or which has been held by such person as a homesite, shall be unenforceable as to any deficiency remaining due thereon, after the expiration of two years from the date of the confirmation of any judicial sale of such property completed subsequent to the rendition of such judgment. Any execution issued upon such judgment, or any action or proceeding in aid of execution, or in the nature thereof, or to marshal liens, commenced prior to the expiration of such two year period, shall not be affected by this section. This section does not affect any action or proceeding in the nature of a creditor's bill, commenced within such two year period, to subject the interest of the judgment debtor in any property owned at the date of such judgment and concealed with intent to hinder, delay, or defraud creditors.
This section may be waived by an instrument in writing, executed by the judgment debtor within such two year period, but such waiver shall not be effective unless within such two year period, such waiver is filed in the office of the clerk of the court in which the judgment was rendered. Upon the filing of said waiver such clerk shall enter a memorial thereof on the docket in which the judgment was rendered.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.09 | Writ of Execution.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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 of the debtor. If the court rendering the judgment or decree so orders, real estate may be sold under execution as follows: one third cash on the day of sale, one third in one year, one third in two years thereafter, with interest on deferred payments, to be secured by mortgage on the premises so sold. An execution on a judgment rendered against a partnership firm by its firm name shall operate only on the partnership property. The exact amount of the debt, damages, and costs, for which the judgment is entered, shall be indorsed on the execution.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.10 | Preference Between Writs of Execution.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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 be distributed to the several creditors in proportion to the amounts of their respective demands. In all other cases the writ of execution first delivered to the officer shall be the first satisfied. The officer shall indorse on every writ of execution the time when he received it. This section does not affect any preferable lien which a judgment on which execution issued has on the lands of the debtor.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.11 | Order in Which Officer to Make Levy.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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 tenements of the debtor which are liable to satisfy the judgment.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.12 | Bond for Delivery of Goods and Chattels.

Effective:
October 7, 1977
Latest Legislation:
House Bill 42 - 112th General Assembly
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 the defendant a bond with security in such sum as he deems sufficient, to the effect that the property shall be delivered to the officer holding an execution for the sale of it at the time and place appointed by such officer, either by notice given in writing to the defendant in execution, or by advertisement published in a newspaper published in the county, naming therein the day and place of sale. If the defendant fails to deliver the goods and chattels at the time and place mentioned in the notice, or to pay to the officer holding the execution the full value of such goods and chattels, or the amount of the debt and costs, the bond shall be considered as broken, and may be proceeded on as in other cases.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.14 | Execution Against Unsold Goods.

Effective:
September 29, 1999
Latest Legislation:
Senate Bill 30 - 123rd General Assembly
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 execution issued directing the sale of the goods and chattels levied upon. The goods and chattels shall not be so sold unless the written notice requirements of division (A)(1)(a) of section 2329.13 of the Revised Code and the public notice requirements of division (A)(2) of that section first have been satisfied. Division (B) of that section also applies to any sale of goods and chattels levied upon by virtue of a subsequent execution of a court of record under this section.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.15 | Public and Private Sale of Goods on Execution.

Effective:
May 7, 1974
Latest Legislation:
Senate Bill 366 - 110th General Assembly
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 sheriff, or other officer holding the process, to sell them at private sale for cash, specifying the time, not beyond the return day of the process, during which such sale will continue. Before such sale, public or private, is made, the court shall order the property to be appraised by three disinterested persons; and it shall not be sold for less than two thirds of its appraised value.
In the case of a sale to satisfy a judgment in favor of the state, or one of its political subdivisions for delinquent taxes, if the sum bid by the purchaser for goods sold pursuant to this section is insufficient to pay the costs which the court has determined prior to such sale shall be paid out of the proceeds thereof, then the purchaser, in addition to the amount of his bid, must pay a sum which, with the amount so bid will be sufficient to pay the costs. The court may fix the amount remaining unpaid on such claims or obligations for the purpose of the sale, and to that end require the parties to the suit to furnish satisfactory evidence of such unpaid amount.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.151 | Conduct of Judicial Sale.

Effective:
September 28, 2016
Latest Legislation:
House Bill 390 - 131st General Assembly
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 resident of this state licensed as an auctioneer under Chapter 4707. of the Revised Code;
(C) For the public auction of lands, a private selling officer.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.154 | Online Registration.

Effective:
September 28, 2016
Latest Legislation:
House Bill 390 - 131st General Assembly
(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 sheriff or private selling officer to identify the bidder, contact the bidder, and complete the sale of the property.
(B) If an attorney or a law firm that represents the plaintiff or a party to the action bids on property in a representative capacity, the attorney or law firm shall register as the representative of the plaintiff or party, either as an individual or entity.
(C)(1) If the person registering to bid is an individual, the information required by division (A) of this section shall include the individual's name, mailing address, which shall not be a post office box address, electronic mail address, telephone number, and, if applicable, financial transaction device information.
(2) If the person registering to bid is an entity, the information required by division (A) of this section shall include the entity's legal name, trade name if different from its legal name, state and date of formation, active status with the office of the secretary of state, mailing address, telephone number, financial transaction device information if applicable, the name of an individual contact person for the entity, and the contact person's title, mailing address, which shall not be a post office box address, electronic mail address, and telephone number.
(D) The registration form on the web site shall require the person registering to bid to state, to the best of the person's knowledge and belief, that the information provided by the person is true, correct, and complete under penalties of perjury.
(E) The electronic mail address, telephone number, and, if applicable, financial transaction device information required in division (C) of this section are confidential and not public records for purposes of section 149.43 of the Revised Code.
(F) As used in this section, "financial transaction device" has the same meaning as in section 301.28 of the Revised Code.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.16 | Another Levy Allowed.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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 his opinion, the property remaining in his hands not sold is insufficient to satisfy the judgment, he shall levy the writ upon lands and tenements, goods and chattels, or either, of the judgment debtor, as the law permits, sufficient to satisfy the debt.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.17 | Lands to Be Appraised.

Effective:
March 20, 2019
Latest Legislation:
House Bill 480 - 132nd General Assembly
(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 upon, upon actual view.
(B) If the property to be appraised is residential property, the freeholders selected by the sheriff shall return to the sheriff an estimate of the value of the property in money within twenty-one calendar days of the issuance of the order of appraisal by the clerk of the court.
If the court has ordered or the clerk of the court has issued an order for a private selling officer to advertise and sell the appraised property, the freeholders selected by the sheriff shall also deliver a copy of their appraisal to the private selling officer contemporaneously with their delivery of their appraisal to the sheriff.
(C) If the freeholders selected by the sheriff under division (B) of this section do not deliver their appraisal within twenty-one calendar days of the issuance of the order of appraisal by the clerk of the court as required by division (B) of this section, then all of the following shall occur:
(1) The cost of the appraisal by the freeholders shall not be payable to the freeholders or taxed as costs in the case.
(2) The appraised value of the property shall be the most recent appraised value of the property as shown on the records of the county auditor, unless, for good cause shown, the court authorizes a separate appraisal of the property.
(3) The advertisement and sale of the property shall proceed immediately in accordance with the order of advertisement and sale issued by the clerk of the court.
If a separate appraisal of the property is obtained, the cost of the appraisal shall be included as an expense of the sale pursuant to division (D) of section 2329.152 of the Revised Code.
(D) If the property to be appraised is commercial property, the freeholders selected by the sheriff shall return to the sheriff an estimate of the value of the property in money in accordance with the timing or other requirements, if any, that may be established for the sale.
(E) The municipal corporation or township in which the real property is situated may inspect prior to the judicial sale any structures located on lands subject to a writ of execution.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.18 | Copy of Appraisement to Be Left With Clerk.

Effective:
September 28, 2016
Latest Legislation:
House Bill 390 - 131st General Assembly
(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 the clerk of the court from which the writ was issued, and immediately advertise and sell such real estate in conformity with sections 2329.01 to 2329.61 of the Revised Code.
(B) If the court has ordered or the clerk of the court has issued an order for a private selling officer 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 private selling officer shall immediately advertise and sell the real estate in conformity with sections 2329.01 to 2329.61 of the Revised Code.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.19 | Extent of Lien of Judgment.

Effective:
September 28, 2016
Latest Legislation:
House Bill 390 - 131st General Assembly
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 issued shall not operate as a lien on the residue of the debtor's estate to the prejudice of any other judgment creditor.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.20 | Land Not to Be Sold for Less Than Two Thirds of Appraised Value.

Effective:
September 28, 2016
Latest Legislation:
House Bill 390 - 131st General Assembly
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 junior mortgage or other junior lien is sought to be enforced against real estate by an order, judgment, or decree of court, subject to a prior lien thereon, and such prior lien, and the claims or obligations secured thereby, are unaffected by such order, judgment, or decree, the court making such order, judgment, or decree, may determine the minimum amount for which such real estate may be sold. In such a case, the minimum amount shall be not less than two-thirds of the difference between the appraised value of the real estate as determined in that section, and the amount remaining unpaid on the claims or obligations secured by such prior lien.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.21 | Purchaser to Add Enough to Pay Costs in Certain Cases.

Effective:
September 28, 2016
Latest Legislation:
House Bill 390 - 131st General Assembly
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 proceeds thereof, pursuant to the terms of the mortgage or lien sought to be enforced, then the purchaser, in addition to the amount of the purchaser's bid, must pay a sum which, with the amount so bid will be sufficient to pay the costs, allowances, and taxes. The court may fix the amount remaining unpaid on such claims or obligations for the purpose of the sale, and to that end require the parties to the suit to furnish to it satisfactory evidence of such unpaid amount. The advertisement for the sale of real estate sold under section 2329.20 of the Revised Code shall state that the purchaser shall be responsible for those costs, allowances, and taxes that the proceeds of the sale are insufficient to cover.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.211 | Sale Deposit.

Effective:
March 20, 2019
Latest Legislation:
House Bill 480 - 132nd General Assembly
(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 appraised value of the residential property is less than or equal to ten thousand dollars, the deposit shall be two thousand dollars.
(b) If the appraised value of the residential property is greater than ten thousand dollars but less than or equal to two hundred thousand dollars, the deposit shall be five thousand dollars.
(c) If the appraised value of the residential property is greater than two hundred thousand dollars, the deposit shall be ten thousand dollars.
(2) The timing of the deposit and other payment requirements shall be established by the court or the person conducting the sale and included in the advertisement of the sale. If the purchaser fails to meet the timing or other requirements of the deposit, the sale shall be invalid and the residential property may be brought to sale on the provisional second sale date, if any, described in division (B) of section 2329.52 of the Revised Code, and included in the notice required by division (A)(1)(a)(i) of section 2329.26 of the Revised Code.
(3) If the sale is held online, the deposit may be made by a financial transaction device as defined in section 301.28 of the Revised Code.
(B) In every action demanding the judicial or execution sale of commercial property, the purchaser at the sale shall make a deposit pursuant to the requirements, if any, established for the sale.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.22 | Rule as to Sale of Lands by State.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.23 | Notices of Sale of Lands.

Effective:
September 11, 2008
Latest Legislation:
House Bill 138 - 127th General Assembly
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 lands, or the street number of the lots offered for sale. If no such number exists, then the notice or advertisement shall contain the name of the street or road upon which the lands and tenements are located together with the names of the streets or roads immediately north and south or east and west of the lands and tenements that cross or intersect the street or road upon which they are located. The notice or advertisement shall, if applicable, include the web site address of the officer who makes the sale that allows a person to obtain a complete legal description of the lands and tenements.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.24 | Name of Township in Certain Cases.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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 tenements are located.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.25 | Property to Be Sold Without Valuation.

Effective:
January 1, 1958
Latest Legislation:
House Bill 937 - 102nd General Assembly
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 capacity, the property so levied on shall be sold without valuation.