reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2713 | Arrest and Bail › Section 2713.15 | Notice of Justification.

Effective:
January 9, 1961
Latest Legislation:
House Bill 1 - 104th General Assembly
Within ten days after receipt of the notice provided for by section 2713.14 of the Revised Code, the sheriff or the defendant may give to the plaintiff, or his attorney, notice in writing of the justification of the same or other bail before a judge or clerk of the court in which the action is brought, a probate judge, or judge of a county court, at a time, not less than five nor more than ten days thereafter, and a place to be specified therein. If other bail is given, a new bond must be executed.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2713 | Arrest and Bail › Section 2713.16 | Manner of Justification.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
For the purpose of justification, each of the bail must attend before the proper officer, at the time and place mentioned in the notice of justification provided for by section 2713.15 of the Revised Code, and may be examined on oath touching his sufficiency, in such manner as the officer deems proper.
If the officer finds the bail sufficient, he shall indorse his allowance on the bond and file it with the clerk of the court; and the sheriff thereupon shall be discharged from liability.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2713 | Arrest and Bail › Section 2713.17 | Sheriff Liable as Bail - Discharge.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
After the arrest of the defendant pursuant to section 2713.07 of the Revised Code, if he escapes or is rescued, or bail is not taken or is adjudged insufficient, or a deposit is not made, the sheriff shall be liable as bail; but he may discharge himself from liability by putting in sufficient bail before judgment.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2713 | Arrest and Bail › Section 2713.18 | Extent of Sheriff's Liability.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The return of "not found" upon an execution against the body of the defendant is necessary to fix the liability of the sheriff as bail, which liability shall be the amount of the judgment, interest, and costs. This liability can be enforced only in a separate action against the sheriff, or against him and his sureties on his official bond, as in other cases of delinquency.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2713 | Arrest and Bail › Section 2713.19 | Insufficient Bail Liable to Sheriff.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The bail adjudged insufficient by an officer mentioned in section 2713.15 of the Revised Code shall be liable to the sheriff for the damages he sustains by reason of such insufficiency.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2713 | Arrest and Bail › Section 2713.20 | Liability of Bail.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The liability of the bail shall be fixed in the manner provided by law for fixing the liability of the sheriff as bail. The bail can be proceeded against in an action only.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2713 | Arrest and Bail › Section 2713.21 | Surrender of Defendant Discharges Bail.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A surrender of a defendant to the sheriff of the county in which he was arrested, with a delivery of a certified copy of the bond of the bail, whether such surrender is made by the defendant himself or by his bail, discharges the bail. A surrender may be made before the return day of the summons in an action against the bail. The sheriff shall give to the bail a written acknowledgment of the surrender, and hold the defendant in his custody upon such copy of the bond of the bail as upon an order of arrest. The clerk of the court, on the production to him of the sheriff's acknowledgment of the surrender, shall enter on the bond an exoneration of the bail.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2713 | Arrest and Bail › Section 2713.22 | Bail May Arrest Defendant.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
For the purpose of surrendering the defendant, the bail may arrest him at any time or place before he is finally charged, or, by a written authority indorsed on a certified copy of the bond, may empower any person of suitable age and discretion to do so.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2713 | Arrest and Bail › Section 2713.23 | Bail Shall Be Exonerated.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The bail shall be exonerated by the death of the defendant, his imprisonment in a state prison, his legal discharge from the obligation to render himself amenable to the process of the court, or by his surrender to the sheriff of the county in which he was arrested in the execution of such process, within the time fixed in section 2713.21 of the Revised Code, or within such further time as the court in which the action is pending allows.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2713 | Arrest and Bail › Section 2713.24 | Bail May Be Substituted for a Deposit of Money.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the defendant deposits money as provided by section 2713.09 of the Revised Code, on notice such as is required for giving and justifying it, bail may be given and justified any time before judgment. Thereupon the court in which the action is brought, on being satisfied that bail has been given and adjudged sufficient, shall direct that the money deposited be refunded to the defendant, and it must be refunded accordingly.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2713 | Arrest and Bail › Section 2713.25 | Stay of Proceedings Against Bail.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Before or after judgment against the bail, if an appeal is commenced on the judgment against the principal in the suit in which their bond was taken, on motion the court may stay proceedings against such bail for a reasonable time, on their payment of all costs accrued against them. On such appeal, if the judgment against the principal is reversed, and he is discharged from such suit, the bail must be discharged from the bond.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2713 | Arrest and Bail › Section 2713.26 | Vacating Order of Arrest or Reducing the Amount of Bail.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A defendant who is arrested, on motion, at any time before judgment in the action, may apply to the court in which suit is brought, if in session, and, in vacation, to a judge thereof, or to any judge of a court of record of the state, to vacate the order of arrest or to reduce the amount of the bail. The court or judge shall allow him such time for preparation and the hearing of the motion as is just. Reasonable notice of such motion must be given to the plaintiff.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2713 | Arrest and Bail › Section 2713.27 | Motion May Be Supported and Opposed by Affidavits.

Effective:
January 9, 1961
Latest Legislation:
House Bill 1 - 104th General Assembly
When the notice mentioned in section 2713.26 of the Revised Code is made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose it by affidavits or other evidence in addition to the evidence on which the order of arrest was made.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2713 | Arrest and Bail › Section 2713.28 | Payment of Jail Fees.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A person who causes another to be committed to jail under sections 2713.01 to 2713.29, inclusive, of the Revised Code, shall be liable in the first instance for the jail fees, and if required by the jailer must pay such fees weekly in advance. The fees so paid shall be a part of the costs of the case.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2713 | Arrest and Bail › Section 2713.29 | Sheriff May Discharge Prisoner.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The sheriff or jailer may discharge a person imprisoned on mesne or final process issued in a civil proceeding, when there is no money in his hands to pay for the sustenance of the prisoner, or he may detain such prisoner and hold the adverse party liable for such sustenance.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.01 | Grounds of Attachment.

Effective:
August 15, 1996
Latest Legislation:
Senate Bill 155 - 121st General Assembly
(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 therefore are exempted from attachment as such, that the defendant or one of several defendants is a foreign corporation;
(2) That the defendant is not a resident of this state;
(3) That the defendant has absconded with the intent to defraud creditors;
(4) That the defendant has left the county of the defendant's residence to avoid the service of a summons;
(5) That the defendant so conceals self that a summons cannot be served upon the defendant;
(6) That the defendant is about to remove property, in whole or part, out of the jurisdiction of the court, with the intent to defraud creditors;
(7) That the defendant is about to convert property, in whole or part, into money, for the purpose of placing it beyond the reach of creditors;
(8) That the defendant has property or rights in action, which the defendant conceals;
(9) That the defendant has assigned, removed, disposed of, or is about to dispose of, property, in whole or part, with the intent to defraud creditors;
(10) That the defendant has fraudulently or criminally contracted the debt, or incurred the obligations for which suit is about to be or has been brought;
(11) That the claim is for work or labor.
(B) An attachment shall not be granted on the ground that the defendant is a foreign corporation or not a resident of this state for any claim, other than a debt or demand arising upon contract, judgment, or decree, or for causing damage to property or death or personal injury by negligent or wrongful act.
(C) An attachment against the personal earnings of a defendant may be granted only after a judgment has been obtained by the plaintiff and only through a proceeding for garnishment of personal earnings in accordance with Chapter 2716. of the Revised Code.
(D) An attachment against the property, other than personal earnings, of a defendant may be accomplished prior to the entry of judgment only pursuant to an attachment proceeding under this chapter.
An attachment against the property, other than personal earnings, of a defendant that is in the possession of another person, may be accomplished prior to the entry of judgment only pursuant to a garnishment proceeding under section 2715.091 of the Revised Code and related provisions of this chapter.
(E) An attachment against the property, other than personal earnings, of a defendant that is in the possession of another person, may be accomplished after judgment has been obtained only pursuant to a garnishment proceeding under Chapter 2716. of the Revised Code.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.011 | Grounds of Attachment Definitions.

Effective:
March 13, 1986
Latest Legislation:
House Bill 442 - 116th General Assembly
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 the plaintiff to a money judgment that can be satisfied out of the property that is the subject of the motion.
(B) "Levying officer" means the sheriff, another authorized law enforcement officer, or a bailiff who is ordered by the court to take possession of property under an order of attachment.
(C) "Occupied dwelling unit" means a structure that is used in whole or in part as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household, and the facilities and appurtenances in it and in which any person is present or is likely to be present, except that such a structure is not an occupied dwelling unit at any time if, after reasonable efforts to personally contact any person who may be present in the structure at that time, the person who made the efforts reasonably believes that no person is present in the structure at that time.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.03 | Motion and Affidavit for Order of Attachment - Contents.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
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 affidavit of the plaintiff, his agent, or attorney, which shall set forth all of the following:
(A) The nature and amount of the plaintiff's claim, and if the claim is based upon a written instrument, a copy of that instrument;
(B) The facts that support at least one of the grounds for an attachment contained in section 2715.01 of the Revised Code;
(C) A description of the property sought and its approximate value, if known;
(D) To the best of plaintiff's knowledge, the location of the property;
(E) To the best of the plaintiff's knowledge, after reasonable investigation, the use to which the defendant has put the property and that the property is not exempt from attachment or execution.
(F) If the property sought is in the possession of a third person, the name of the person possessing the property.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.04 | Defendant May Request Hearing on Motion.

Effective:
March 13, 1986
Latest Legislation:
House Bill 442 - 116th General Assembly
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 after receipt of the notice provided pursuant to section 2715.041 of the Revised Code. The request may set forth the defendant's reasons for disputing the claim of the plaintiff who filed the motion for attachment of the property; however, neither the defendant's inclusion of nor his failure to include such reasons upon the request constitutes a waiver of any defense of the defendant or affects the defendant's right to produce evidence at any hearing or at the trial of the action. The time and place for the hearing shall be that set forth in the notice. If a written request for a hearing is not received by the court within the prescribed time and the court does not grant a continuance of the scheduled hearing in accordance with division (B) of section 2715.042 of the Revised Code, the hearing scheduled pursuant to section 2715.043 of the Revised Code immediately shall be canceled and the court shall issue an order of attachment in accordance with division (A) of section 2715.042 of the Revised Code.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.042 | Issuing Order of Attachment Without Conducting Hearing.

Effective:
March 13, 1986
Latest Legislation:
House Bill 442 - 116th General Assembly
(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 defendant against whom the motion for attachment was filed, as required by section 2715.041 of the Revised Code;
(2) The defendant has not requested a hearing within the prescribed time pursuant to section 2715.04 of the Revised Code, and a continuance of the scheduled hearing has not been granted pursuant to division (B) of this section;
(3) A bond has not been filed within the prescribed time pursuant to section 2715.10 or 2715.26 of the Revised Code;
(4) The court finds, on the basis of the affidavit, that there is probable cause to support the motion.
(B) If the defendant against whom a motion for an order of attachment was filed pursuant to section 2715.03 of the Revised Code does not request a hearing on the motion within the prescribed time pursuant to section 2715.04 of the Revised Code, the court nevertheless may grant a continuance of the scheduled hearing if the defendant, prior to the time at which the hearing was scheduled, as indicated on the notice served on the defendant under section 2715.04 of the Revised Code, or the time of issuance of an order of attachment, whichever is earlier, establishes a reasonable justification for his failure to request the hearing within the prescribed time. If the court grants such a continuance of the hearing, it shall cause the matter to be set for hearing as soon as practicable thereafter, but in no event shall the continued hearing be set for a time that is more than five business days after the date on which the original hearing was scheduled unless the plaintiff consents to the setting of a hearing at a later time. The continued hearing shall be conducted in accordance with section 2715.043 of the Revised Code.
(C) If the court grants a continuance of the scheduled hearing pursuant to division (B) of this section, the court shall not issue an order of attachment without a hearing pursuant to division (A) of this section unless the defendant subsequently delivers written notice to the contrary to the court.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.043 | Hearing on Motion for Order of Attachment.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
(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 Revised Code.
(B) If a hearing is requested in accordance with section 2715.04 of the Revised Code or if a continuance is granted in accordance with division (B) of section 2715.042 of the Revised Code, the hearing shall be limited to a consideration of whether there is probable cause to support the motion and whether any of the property of the defendant is exempt from attachment.
The court shall issue an order of attachment if it finds, on the basis of the affidavit and, if applicable, the evidence presented at the hearing, that there is probable cause to support the motion.
(C) Any failure of the defendant against whom the motion for attachment was filed to oppose the motion or to refute any evidence presented by the plaintiff that filed the motion shall not constitute a waiver of any defense of the defendant or affect the defendant's right to produce evidence at subsequent hearings or at the trial of the action.
(D) The defendant against whom the motion for attachment was filed shall be sent prior notice of the date, time, place, and purpose of any hearing other than the hearing set under division (A) of this section and of the date, time, and place of the trial of the action.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.044 | Effective Date of Order of Attachment.

Effective:
March 13, 1986
Latest Legislation:
House Bill 442 - 116th General Assembly
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 the property to be attached under the order, to the effect that, should judgment be issued against the plaintiff, the plaintiff will return the property taken or pay the value so assessed, at the election of the defendant, and also pay the damages suffered by the defendant as a result of the taking and detention of, and any injury to, the property and the costs of the action. If the plaintiff does not know the approximate value of the property sought to be attached under the order, or if the identity of the property to be attached is not known, the bond shall be in an amount twice that of the plaintiff's claim, as indicated in the plaintiff's affidavit filed pursuant to section 2715.03 of the Revised Code.
In lieu of the bond, the plaintiff may deposit with the clerk of the court cash in an amount equal to twice the approximate value of the property or, if that value is not known or the identity of the property to be attached is not known, equal to twice the amount of the claim of the plaintiff.
When the ground of attachment is that the defendant is a foreign corporation, or not a resident of this state, the order of attachment may be issued without a bond.
If the plaintiff is indigent, the court may, on motion of the plaintiff or on its own motion, waive the bond required by this section or may set the bond in a lower amount, as fairness requires.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.05 | Order of Attachment.

Effective:
March 13, 1986
Latest Legislation:
House Bill 442 - 116th General Assembly
(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 the defendant, in such officer's county, not exempt by law from being applied to the payment of plaintiff's claim, or so much thereof as will satisfy it, to be stated in the order as in the affidavit, and costs of the action, not exceeding one hundred dollars. An order of attachment may be directed to the levying officer of any county within this state.
(B) An order of attachment shall contain the names of the parties and the court in which the action was brought and a statement that the property subject to the order of attachment can be recovered by filing a bond pursuant to section 2715.10 or 2715.26 of the Revised Code.
(C) An order of attachment, other than one issued under section 2715.045 of the Revised Code, shall be served upon the defendant against whom the order was issued in the same manner as provided in the Rules of Civil Procedure for the service of papers subsequent to original complaints.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.06 | Two or More Attachments.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
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.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.08 | Order in Which Attachments Are Executed.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
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.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.09 | Manner of Executing Order of Attachment.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
(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 or his agent's affidavit and returned with the order. When the property is real property, the officer shall leave a copy of the order with the occupant of the property, or, if there is no occupant, in a conspicuous place on the property. When it is personal property and can be reached, he shall take it into his custody and hold it in a secure place subject to the order of the court, and shall deliver a copy of the order to the defendant, or if he is unable to find the defendant shall leave a copy at the address where the property was detained; but, if removal of the property from the address where it is detained would be unreasonably expensive, the officer may take possession by conspicuously placing a notice of possession on the property. The delivery of the order under this division is required in addition to the service of the order required by section 2715.045 or 2715.05 of the Revised Code.
(B) Unless the order of attachment directed to the levying officer specifies otherwise, the officer, in the execution of the order, may use any lawful means to enter any building or enclosure, other than an occupied dwelling unit, in which property that can be applied to the plaintiff's claim is contained, if reasonable efforts to obtain voluntary admittance have failed. If the officer enters the building or enclosure to take possession of property without first obtaining permission to enter, he shall file with the court on the next business day an affidavit setting forth the circumstances of his entry and the reasons he was unable to obtain voluntary admittance.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.091 | Leaving Notice of Attachment and Copy of Order With Garnishee.

Effective:
March 19, 1987
Latest Legislation:
House Bill 159 - 116th General Assembly
(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 other than personal earnings in his possession, and the levying officer attempts to get possession of such property but cannot do so, he shall leave with the person a copy of the order of attachment, with a written notice that he appear in court and answer, as provided in section 2715.29 of the Revised Code. The person is the garnishee and the proceeding in relation to the garnishee is a garnishment proceeding. Any court of common pleas that issues an order of attachment has jurisdiction to serve process pursuant to this section upon a garnishee who does not reside within the jurisdiction of the court. Any county court or municipal court that issues an order of attachment has jurisdiction to serve process pursuant to this section upon a garnishee who resides in any county that is contiguous to that in which the court is located. When the garnishee does not reside within the jurisdiction of the court that issued the order, the process may be served by the proper officer of the county in which the garnishee resides, or may be personally served.
If the garnishee is an individual, a copy of the order and notice shall be served upon him personally, or left at his usual place of residence. When a partnership is garnisheed by its company name, a copy of the order and notice shall be left at its usual place of doing business, or with a member of such partnership. If the garnishee is a corporation, a copy of the order and notice shall be left with an officer or a managing or general agent of the corporation. If such corporation is a railroad company, a copy of the order and notice may be left with a regular ticket or freight agent thereof, in any county in which the railroad is located.
(B) This section applies only to property of a defendant other than personal earnings and only prior to the entry of judgment against a defendant. Garnishment of personal earnings may be granted only after a judgment has been obtained by the plaintiff, and only pursuant to Chapter 2716. of the Revised Code. Garnishment of property other than personal earnings of a person against whom judgment has been entered may be granted only pursuant to Chapter 2716. of the Revised Code.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.10 | Property May Be Delivered to Persons With Whom Found.

Effective:
March 13, 1986
Latest Legislation:
House Bill 442 - 116th General Assembly
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 same amount as the bond filed by the plaintiff under section 2715.044 of the Revised Code, or if the plaintiff has not filed such a bond, in double the appraised value of the property, and to the effect that the property or its appraised value in money will be forthcoming to answer the judgment of the court in the action. If it appears to the court that any part of such property has been lost or destroyed by unavoidable accident, the appraised value of the property shall be remitted to the plaintiff if judgment is rendered in his favor.
If the person is indigent, the court may, upon motion of the person or upon its own motion, waive the bond required by this section or set bond in a lower amount, as fairness requires.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.12 | Effect of Service of Process Upon Public Officer.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
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 earnings, or in which the defendant has an interest, shall bind it from the time of service and be a legal excuse to such officers, to the extent of the demand of the plaintiff, for not paying such money or delivering such claim or property to the defendant, as by law or the terms of the process in his hands he would otherwise be bound to do.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.13 | Garnishee to Answer and Be Examined.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
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 the action is pending. A special examination of the garnishee shall be had, and actions against him for failing to appear, or to answer satisfactorily, or to comply with the order of the court in the premises, shall be brought in the county in which he resides.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.14 | Clerk to Transmit Answer to Proper Court.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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 he shall receive such fees as are allowed by law for taking depositions and to clerks for furnishing certificates with their seals of office attached.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.15 | Admission of Indebtedness.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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 judgments for the payment of money.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.16 | Different Attachments May Be Made by the Same Officer.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.17 | Subsequent Attachments.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
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 of the officer, and be subject to any previous attachment.
(C) If a person is made a garnishee more than once with respect to the same property indebtedness or liability, copies of the order and notice mentioned in section 2715.091 of the Revised Code shall be left with him in the manner prescribed by section 2715.091 of the Revised Code for serving a garnishee.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.18 | Form of Return.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
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 officer shall return with the order all bonds given under it.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.19 | Property and Garnishee Bound.

Effective:
March 13, 1986
Latest Legislation:
House Bill 442 - 116th General Assembly
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 earnings, from the time he is served with the written notice required in section 2715.091 of the Revised Code. When property is attached in the hands of a consignee, lienholder, or secured party whose lien or security interest is then perfected by possession, his lien or security interest relative to the property shall not be affected by the attachment.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.20 | Receiver May Be Appointed.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
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.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.21 | Powers and Duties of Receiver.

Effective:
March 23, 2015
Latest Legislation:
House Bill 9 - 130th General Assembly
(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 settle and collect them. For that purpose, the receiver may commence and maintain actions in the receiver's own name, as receiver, but no right of defense in the action shall be impaired or affected.
(B) Under the control of the court that appointed the receiver under section 2715.20 of the Revised Code, the receiver may do any of the acts specified in section 2735.04 of the Revised Code.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.22 | Notice of Appointment of Receiver.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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 residence. From the date of such service, the debtors shall be liable to the plaintiff in attachment for the amount of money and credits of the defendant in attachment in their hands, or due from them to him, and shall account therefor to the receiver.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.23 | Report of Receiver.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.24 | Officer to Act as Receiver.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
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 actions in his own name. He also may be required to give security other than his official bond.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.25 | Disposal of Attached Property.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
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 advertisement as is prescribed for the sale of like property on execution, and shall be made in such manner and on such terms of credit, with security, as, having regard to the probable duration of the action, the court or judge directs. The sheriff shall hold and pay over all proceeds of the sale collected by him and all money received by him from garnishees under the same requirements and responsibilities of himself and sureties as are provided in respect to money deposited in lieu of bail.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.26 | Discharge of Attachment by Bond - Deposit in Lieu of Bond.

Effective:
March 13, 1986
Latest Legislation:
House Bill 442 - 116th General Assembly
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 plaintiff has not filed such a bond, in double the amount of the plaintiff's claim as stated in his affidavit under section 2715.03 of the Revised Code, to the effect that the defendant will perform the judgment of the court, the attachment shall be discharged and restitution made of any property taken under it, or the proceeds thereof. Such bond shall also discharge the liability of a garnishee in the action for property of the defendant in his hands.
The defendant, in lieu of the bond provided for in this section, may deposit with the clerk of the court cash in an amount equal to the approximate value of the property or the amount of the bond of the plaintiff if he filed a bond, whichever is less.
If the defendant is indigent, the court may, upon motion of the defendant or on its own motion, waive the bond required by this section or set the bond in a lower amount, as fairness requires.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.27 | Claim for Causing Death or Injury.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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 vacation.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.28 | Bond May Be Executed in Vacation.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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 be approved by the officer before whom such bond is executed.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.29 | Appearance and Answer of Garnishee.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
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 put to him touching property of every description, and credits of the defendant in his possession or under his control. The garnishee shall truly disclose the amount owing by him to the defendant, other than for personal earnings, whether due or not, and in the case of a corporation, any stock held therein by or for the benefit of the defendant, at or after the service of notice.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.30 | Garnishee May Pay Money Into Court.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
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 from liability to the defendant for property so delivered or money so paid and shall not be subjected to costs beyond those caused by his resistance of the claims against him.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.31 | Attachment of Garnishee for Contempt.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
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.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.32 | Disposition of Property in Hands of Garnishee.

Effective:
August 26, 1982
Latest Legislation:
House Bill 254 - 114th General Assembly
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 property of the defendant, or was indebted to him, or both, the court may order the delivery of such property, or the payment of the amount owing by him, other than personal earnings, into court, or both; or it may permit the garnishee to retain the property, or the amount owing, upon his executing a bond to the plaintiff, by sufficient surety, to the effect that the amount will be paid, or the property forthcoming, as the court directs.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.33 | Action Against the Garnishee.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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 owing into court, or to give the bond required in section 2715.32 of the Revised Code, the plaintiff may proceed against him by civil action. Thereupon such proceedings may be had as in other actions. Judgment may be rendered in favor of the plaintiff for the amount of property and credits of the defendant in possession of the garnishee, for what may appear to be owing by him to the defendant, and for the costs of the proceedings against the garnishee.
2023 Ohio Revised Code › Title 27 | Courts-General Provisions-Special Remedies › Chapter 2715 | Attachment › Section 2715.34 | Payment of Costs by Plaintiff.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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 the claim of the plaintiff in attachment is satisfied, on motion, the defendant may be substituted as the plaintiff in the judgment.