reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.261 | Notify Land Banks of Foreclosure Sales.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) As used in this section:
(1) "Levying officer" means the officer who makes the public sale of the residential property subject to this section. "Levying officer" includes a private selling officer.
(2) "Electing subdivision," "county land reutilization corporation," and "land reutilization program" have the same meanings as in section 5722.01 of the Revised Code.
(3) "Manufactured home" has the same meaning as in section 3781.06 of the Revised Code.
(4) "Qualifying residential property" means single-family residential property, including a single unit in a multi-unit property containing not more than ten units but excluding manufactured homes, that has at least one thousand square feet of habitable space per unit.
(B) If qualifying residential property sold at public sale pursuant to this chapter is located within the territory of a land reutilization program, the levying officer shall notify the electing subdivision or county land reutilization corporation that operates the program of the sale.
(C) The levying officer shall maintain a web site and telephone number to provide information on applicable properties.
(D) A levying officer may use any web site maintained to satisfy any other provision of this chapter, including the official public sheriff sale web site established pursuant to section 2329.153 of the Revised Code, to satisfy the requirements of division (C) of this section.
Last updated September 25, 2023 at 5:29 PM
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.272 | Open House of Property Prior to Sale.

Effective:
September 11, 2008
Latest Legislation:
House Bill 138 - 127th General Assembly
(A) The officer who will make the sale of lands and tenements that are delinquent vacant tenements or premises or abandoned tenements or premises may hold an open house of the delinquent vacant tenements or premises or abandoned tenements or premises to allow any person to view the delinquent vacant tenements or premises or abandoned tenements or premises prior to the sale. The officer may include a notice of the open house in the public notice of the date, time, and place of the sale pursuant to section 2329.26 of the Revised Code. The officer is not required to give those persons who view the delinquent vacant tenements or premises or abandoned tenements or premises any advice regarding the tenements or premises.
(B) The officer who makes the sale of lands and tenements shall deduct any costs associated with holding the open house from the proceeds of the sale of the lands and tenements.
(C) The officer who holds the open house is not liable as provided in Chapter 2744. of the Revised Code for injury, death, or loss to person or property that occurs at the open house.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.28 | The Return of the Writ and Record Thereof.

Effective:
March 20, 2019
Latest Legislation:
House Bill 480 - 132nd General Assembly
The levying officer shall indorse on the writ of execution the officer's proceedings thereon, and the clerk of the court of common pleas, upon the return thereof, immediately shall record all such indorsements at length, in the execution docket, or other docket provided for that purpose. Electronic indorsements shall be deemed valid. That record shall be a part of the record of the court of common pleas.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.29 | Disposition of Money Made Without Sale of Real Estate.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the sheriff collects any part of a judgment by virtue of an execution without the sale of real estate, he shall pay it to the judgment creditor, or his attorney, upon demand made therefor at the sheriff's office. If the execution is fully satisfied, the sheriff shall return it within three days after he collected the money thereon.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.30 | Failure of Purchaser to Pay.

Effective:
September 28, 2016
Latest Legislation:
House Bill 390 - 131st General Assembly
The court from which an execution or order of sale issues, upon notice and motion of the officer who makes the sale or of an interested party, may punish any purchaser of lands and tenements who fails to pay within thirty days of the confirmation of the sale the balance due on the purchase price of the lands and tenements by forfeiting the sale of the lands and tenements and returning any deposit paid in connection with the sale of the lands and tenements, by forfeiting any deposit paid in connection with the sale of the lands and tenements, as for contempt, or in any other manner the court considers appropriate. Upon motion, the court may order the return of any remaining portion of the deposit of the purchaser, less the costs of a subsequent sale and any other remedy the court considers appropriate. An order for contempt for failure of the purchaser to pay voids the confirmation of sale and transfer.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.31 | Confirmation and Order for Deed.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) Upon the return of any writ of execution for the satisfaction of which lands and tenements have been sold, on careful examination of the proceedings of the officer making the sale, if the court of common pleas finds that the sale was made, in all respects, in conformity with sections 2329.01 to 2329.61 of the Revised Code, it shall, within thirty days of the return of the writ, direct the clerk of the court of common pleas to make an entry on the journal that the court is satisfied of the legality of such sale. Nothing in this section prevents the court of common pleas from staying the confirmation of the sale to permit a property owner time to redeem the property or for any other reason that it determines is appropriate. In those instances, the sale shall be confirmed within thirty days after the termination of any stay of confirmation.
(B) The officer making the sale shall require the purchaser to pay within thirty days of the confirmation of the sale the balance due on the purchase price of the lands and tenements.
(C)(1) The officer making the sale shall record the prepared deed required by section 2329.36 of the Revised Code within fourteen days after the confirmation of sale and payment of the balance due.
(2)(a) If the deed is not prepared and recorded within the fourteen-day period, the purchaser may file a motion with the court to proceed with the transfer of title. If the court finds that a proper sale was made, it shall enter an order transferring the title of the lands and tenements to the purchaser, ordering the plaintiff to present a certified copy of the order to the county recorder for recording, and ordering the county recorder to record the order in the record of deeds. The order, when filed with the county recorder, shall have the same effect as a deed prepared pursuant to section 2329.36 of the Revised Code.
(b) Upon the issuance of the court order described in division (C)(2)(a) of this section, the plaintiff, or the plaintiff's attorney, shall present a certified copy of the order to be recorded in the office of the county recorder. The county recorder shall record the order in the record of deeds.
(c) The clerk shall issue a copy of the court order to the county auditor to transfer record ownership of the lands and tenements for the purpose of real estate taxes. Real estate taxes coming due after the date of the sale shall not prohibit the auditor from transferring ownership of the lands and tenements on its records or cause the recorder to deny recording. The real estate taxes shall become the responsibility of the new title holder of the lands and tenements. The sheriff shall not require the confirmation of sale to be amended for taxes not due and payable as of the date of the sale.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.311 | Sale of Property With No Minimum Bid; Right to Redeem.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) In sales of residential properties taken in execution or order of sale that are sold at an auction with the minimum bid pursuant to division (B) of section 2329.52 of the Revised Code, the judgment creditor and the first lienholder each have the right to redeem the property within fourteen days after the sale by paying the purchase price. The redeeming party 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 redeeming party considered the successful purchaser at the sale.
(B) If the judgment creditor and the first lienholder each seek to redeem the property, pursuant to division (A) of this section, the court shall resolve the conflict in favor of the first lienholder.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.312 | Reports by Levying Officers.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) All levying officers appointed or authorized by a court under this chapter to conduct the judicial or execution sale of residential property consisting of one to four single-family units shall submit quarterly reports to the attorney general. The reports shall include data on each such sale conducted by the officer, including data showing whether or not the deadlines required under division (E) of section 2308.02, division (B) of section 2329.17, and sections 2329.30 and 2329.31 of the Revised Code are met.
(B) The attorney general shall make the information included in the reports described in division (A) of this section publicly available.
Last updated December 2, 2021 at 5:41 PM
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.32 | Officer May Retain Purchase Money Until Sale Confirmed.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The officer, on making the sale of property of a judgment debtor, may retain the purchase money in his hands until the court examines his proceedings, when he shall pay it to the person entitled thereto, under the order of the court.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.33 | Redemption by Judgment Debtor.

Effective:
September 28, 2016
Latest Legislation:
House Bill 390 - 131st General Assembly
Except as provided in division (C) of section 2308.03 or any other section of the Revised Code, in sales of real estate on execution or order of sale, at any time before the confirmation thereof, the debtor may redeem it from sale by depositing in the hands of the clerk of the court of common pleas to which such execution or order is returnable, the amount of the judgment or decree upon which such lands were sold, with all costs, including poundage, and interest at the rate of eight per cent per annum on the purchase money from the day of sale to the time of such deposit, except where the judgment creditor is the purchaser, the interest at such rate on the excess above the judgment creditor's claim. The court of common pleas thereupon shall make an order setting aside such sale, and apply the deposit to the payment of such judgment or decree and costs, and award such interest to the purchaser, who shall receive from the officer making the sale the purchase money paid by the purchaser, and the interest from the clerk. This section does not take away the power of the court to set aside such sale for any reason for which it might have been set aside prior to April 16, 1888.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.34 | Conveyance by Commissioner.

Effective:
September 28, 2016
Latest Legislation:
House Bill 390 - 131st General Assembly
Real property may be conveyed by a master commissioner or special master only:
(A) When, by an order or a judgment in an action or proceeding, a party is required to convey such property to another, and the party neglects or refuses to do so, and the master is directed to convey on the party's failure;
(B) When specific real property is sold by a master under an order or judgment of the court appointing the master. No court shall make or issue an order to a master for the sale of real estate except in response to a motion by a judgment creditor, which motion shall be granted only if there exists some special reason why the sale should not be made by the sheriff of the county where the decree or order was made or by a private selling officer. If the court finds any such reason to exist, that reason shall be embodied in and made part of the judgment, order, or decree for such sale.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.35 | Sheriff May Act for Master Commissioner.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A master commissioner or special master who sells real property shall have the same power to administer oaths that is conferred upon sheriffs. A sheriff may act as a master commissioner. On notice, and for a reasonable compensation to be paid him by a master out of his fees, the sheriff shall attend and make sale for a master who, by reason of sickness, is unable to attend. Sales made by a master must conform to the laws regulating sales of lands upon execution.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.36 | Deed of Sheriff, Master.

Effective:
September 11, 2008
Latest Legislation:
House Bill 138 - 127th General Assembly
(A) The attorney who files the writ of execution shall, not later than seven days after the filing of the order of confirmation of sale pursuant to section 2329.31 of the Revised Code, make to the purchaser a deed, containing the names of the parties to the judgment, the names of the owners of the property sold, a reference to the volume and page of the recording of the next preceding recorded instrument by or through which the owners claim title, the date and amount of the judgment, the substance of the execution or order on which the property was sold, the substance of the officer's return thereon, and the order of confirmation and deliver the deed to the officer who sold the real property. The deed shall be executed, acknowledged, and recorded as other deeds. The officer or the officer's legal representative may review and approve or reject the deed for form and substance.
(B) By placing a bid at a sale conducted pursuant to this chapter, the purchaser appoints the officer who makes the sale as agent of the purchaser for the sole purpose of accepting delivery of the deed described in division (A) of this section.
(C) The officer who sells the real property shall record the deed, or for registered land file the documents required by section 5309.64 of the Revised Code, with the county recorder within fourteen business days of the date the purchaser pays the balance due on the purchase price of the lands and tenements. The officer shall charge the purchaser a fee to cover the actual costs of recording the deed or filing the documents.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.37 | Effect of Deed.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The deed provided for in section 2329.36 of the Revised Code shall be prima facie evidence of the legality and regularity of the sale. All the estate and interest of the person whose property the officer so professed to sell and convey, whether it existed at the time the property became liable to satisfy the judgment, or was acquired afterward, shall be vested in the purchaser by such sale.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.38 | Printer's Fee.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The officer who makes a levy, or holds an order of sale, before giving notice of the sale, may demand of the plaintiff, his agent or attorney, the fees of the printer for publishing such notice. The officer need not make such publication until the fees are paid.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.39 | Place of Sale.

Effective:
September 28, 2016
Latest Legislation:
House Bill 390 - 131st General Assembly
Except as provided in sections 2329.152 and 2329.153 of the Revised Code, sale of lands or tenements under execution or order of sale must be held in the county in which they are situated and at the courthouse, unless otherwise ordered by the court. Purchase of real or personal property, by the officer making the sale thereof, or by an appraiser of such property, shall be fraudulent and void.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.40 | Alias Execution.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If lands and tenements levied on, or ordered to be sold, are not sold upon execution, other executions may be issued to sell them.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.41 | Separate Levies Directed on Separate Tracts.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When two or more executions come to the hands of an officer, and it is necessary to levy on real estate to satisfy them, and either of the judgment creditors, or his assignee , requires him to make a separate levy to satisfy his executions, the officer shall obey the direction. The officer who makes the levy on behalf of the creditor whose execution, is entitled to a preference by sections 2329.01 to 2329.61, inclusive, of the Revised Code, has the choice of such part of the real property of the judgment debtor as, at two thirds of the appraised value, will be sufficient to satisfy it.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.42 | Two or More Executions to Same Officer.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If two or more executions entitled to no preference as to each other are put in the hands of the same officer, when required, he must levy them on separate parcels of the real property of the judgment debtor if, in the opinion of the appraisers, they can be divided without material injury. If the real property of such debtor is not sufficient, at two thirds of its appraised value, to satisfy all the executions chargeable thereon, such part of it must be levied on, to satisfy each execution, as bears the same proportion in value to the whole as the amount due on the execution bears to the amount of all the executions chargeable thereon, as near as may be, according to the appraised value of each separate parcel.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.43 | Deeds for Lands Sold May Be Made by a Sheriff's Successor.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the term of service of the officer who makes a sale of lands and tenements expires, or if he dies, is absent, or otherwise unable to make a deed of conveyance of the property sold, on receiving a certificate from the court from which execution issued for such sale, signed by the clerk of such court, by order of the court, setting forth that sufficient proof has been made that the sale was fair and legal, on tender of the purchase money, or if it or a part thereof has been paid, then, on proof of such payment and tender of the balance, any of the successors of such officer may execute to the purchaser, or his legal representatives, a deed of conveyance of the lands and tenements sold. Such deed shall be as valid in law as if the officer who made the sale had executed it.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.45 | Reversal of Judgment.

Effective:
September 28, 2016
Latest Legislation:
House Bill 390 - 131st General Assembly
If a judgment in satisfaction of which lands or tenements are sold is reversed on appeal, such reversal shall not defeat or affect the title of the purchaser. In such case restitution in an amount equal to the money for which such lands or tenements were sold, with interest from the day of sale, must be made by the judgment creditor. In ordering restitution, the court shall take into consideration all persons who lost an interest in the property by reason of the judgment and sale and the order of the priority of those interests.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.46 | Remedy of Purchaser if Sale Invalid.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Upon the sale of property on execution, if the title of the purchaser is invalid by reason of a defect in the proceedings, he may be subrogated to the right of the creditor against the debtor to the extent of the money paid and applied to the debtor's benefit, and, to the same extent, may have a lien on the property sold, as against all persons, except bona fide purchasers without notice. This section does not require the creditor to refund the purchase money by reason of the invalidity of such sales.
This section applies to sales by order of court, sales by executors, administrators, guardians, and assignees, and to sales for taxes.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.47 | Proceedings to Vacate Satisfaction of Judgment.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a plaintiff in execution or his agent , in good faith, has ordered a levy of execution upon property not subject thereto, and which has been sold, applied on his judgment, and a recovery therefor had against him by the owner of the property, such plaintiff, having paid the amount so recovered, on motion in the court having control of the judgment, on giving the judgment defendant notice thereof, may have the satisfaction so made from the sale of the property vacated, and may collect the judgment.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.48 | Relief of Officer Who Levies Upon and Sells Wrong Property in Good Faith.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When an officer to whom an execution issues on a judgment levies it in good faith upon property not subject to levy, sells it, applies the proceeds in satisfaction in whole or part of the judgment, and a recovery is had against him for its value, upon payment thereof, on motion before the court having control of the judgment and a showing that due notice of such motion was given to the defendant in the execution, such officer may have the satisfaction of such judgment vacated, and execution shall issue therefor for his use as if such levy and sale had not been made.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.49 | Remedy When One of Cosureties Pays for Such Property.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a defendant in a judgment, or his surety or cosurety , by mistake has directed an execution issued on the judgment to be levied on property not liable thereto, thereby causing such judgment to be wholly or in part satisfied, and has been compelled to pay the owner of the property therefor, he has the same rights against a codefendant in such judgment, and against a cosurety or principal in respect of the debts on which such judgment is founded, as though such satisfaction, by due process of law, had been made out of the property of such defendant, surety, or cosurety so directing such levy.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.50 | Supreme Court and Court of Appeals Judgments.

Effective:
August 6, 1976
Latest Legislation:
House Bill 390 - 111th General Assembly
In all cases in which judgment is rendered in the court of appeals or supreme court and a special mandate is directed to the court of common pleas to carry it into execution, the lien of the judgment creditor shall continue for one year after it is so entered. In computing such period of one year, the time covered by an appeal of the case, or by an injunction against the execution, or by a vacancy in the office of sheriff and coroner, or by the inability of such officers, shall be excluded.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.51 | New Appraisement.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When real estate taken on execution and appraised, advertised, and offered for sale is unsold for want of bidders, the court from which the execution issued, on motion of the plaintiff, shall set aside such appraisement and order a new appraisement to be made, or shall set aside the levy and appraisement and award a new execution to issue. When such real estate or a part of it has been two times appraised and thereafter advertised and offered for sale, and is unsold for want of bidders, the court may direct the amount for which it shall be sold.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.52 | New Appraisement - Sale of Part - Terms of Sale.

Effective:
March 20, 2019
Latest Legislation:
House Bill 480 - 132nd General Assembly
(A) Except as otherwise provided in division (B) of this section, when premises are ordered to be sold, if said premises, or a part thereof, remain unsold for want of bidders after having been once appraised, advertised, and offered for sale, the court from which the order of sale issued may, on motion of the plaintiff or defendant and from time to time until said premises are disposed of, order a new appraisement and sale or direct the amount for which said premises, or a part thereof, may be sold.
The court may order that the premises be sold as follows: One third cash in hand, one third in nine months from the day of sale, and the remaining one third in eighteen months from the day of sale, the deferred payments to draw interest at six per cent and be secured by a mortgage on the premises.
(B) (1) When a residential property is ordered to be sold pursuant to a residential mortgage loan foreclosure action, if the property remains unsold after the first auction, then a second auction shall be held and the property shall be sold to the highest bidder without regard to the minimum bid requirement in section 2329.20 of the Revised Code, but subject to section 2329.21 of the Revised Code relating to costs, allowances, and real estate taxes. This second auction shall be held not earlier than seven days and not later than thirty days after the first auction. A residential property that remains unsold after two auctions may be subsequently offered for sale without regard to the minimum bid requirement in section 2329.20 of the Revised Code, but subject to section 2329.21 of the Revised Code relating to costs, allowances, and real estate taxes, or disposed of in any other manner pursuant to this chapter or any other provision of the Revised Code.
(2) For purposes of division (B)(1) of this section, the first day an online auction is open for bidding shall be considered the date of the auction.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.53 | Return Day of Writ of Execution.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The officer to whom a writ of execution is directed shall return such writ to the court to which it is returnable within sixty days from its date.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.54 | Entry of Judgment Against Principal and Surety.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When judgment is rendered in a court of record in this state upon an instrument in writing in which two or more persons are jointly or severally bound, and it appears to the court, by parol or other testimony, that one or more of the persons so bound signed it as surety or bail for his codefendant, the clerk of such court, in recording the judgment thereon, must certify which of the defendants is principal debtor and which is the surety or bail. Such clerk shall issue execution on such judgment, commanding the officer to levy on the goods, chattels, lands, and tenements, of the principal debtor, or, for want of sufficient property of his to make it, to levy on the goods, chattels, lands, and tenements, of the surety or bail. The property, personal and real, of the principal debtor, within the jurisdiction of the court, shall be exhausted before any of the property of the surety or bail is taken in execution.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.56 | Penalty for Neglecting to Serve as Appraiser.

Effective:
September 28, 2016
Latest Legislation:
House Bill 390 - 131st General Assembly
When a freeholder, summoned as an appraiser, fails to appear at the time and place appointed by the officers ordering the freeholder's appearance and discharge the duty as such, on complaint made to a judge of the county court in the district in which such freeholder resides, unless the freeholder has a reasonable excuse, the freeholder shall pay fifty dollars for each neglect, which shall be collected by the judge, and paid into the county treasury for the use of the county.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.57 | Execution Issued to Another County May Be Returned by Mail.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When execution is issued in a county and directed to the sheriff or coroner of another county, the sheriff or coroner having the execution, after discharging all the duties required of him, may transmit it by mail to the clerk of the court who issued the writ. On proof by such sheriff or coroner that it was mailed soon enough to reach the office where it was issued within the time prescribed by law, he shall not be liable to amercement or penalty if it does not reach the office in due time.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.58 | Money Not to Be Forwarded by Mail.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No sheriff or coroner shall forward by mail any money made on an execution, unless he is specially instructed to do so by the plaintiff, his agent, or attorney of record.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.59 | Entries on Execution Docket.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The clerk of the court of common pleas shall enter upon the execution docket the names in full of parties to the cause in which an execution is issued, the number of the cause on the appearance docket, number of the execution, date of its issue, amount of the judgment, the costs due each person or officer, the time when the judgment was rendered, and the date of the return. The return shall be recorded upon the execution docket in full.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.60 | Index to Execution Docket.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The clerk of the court of common pleas shall keep an index to the execution docket, showing, in separate columns, the names of all parties against whom and in whose favor an execution has been issued, the number of the execution, and the number of the cause upon the execution docket.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.61 | Order of Sale Issued in Case Not on Trial Docket.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If an order of sale is issued in a case not on the trial docket, the clerk of the court of common pleas shall enter it on the execution docket and enter the subsequent proceedings in pursuance thereof in the manner that executions and proceedings thereon are entered. When a sale of real estate is made under such order, it shall be confirmed as are sales on executions. After the sale, the officer shall be governed by the law relating to sales on execution.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.63 | Beneficiary Funds Exempt.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A beneficiary fund, not exceeding five thousand dollars, set apart, appropriated, or paid by a benevolent association or society, according to its rules, regulations, or bylaws, to the family of a deceased member, or to a member of such family, is not liable to be taken by process or proceedings, legal or equitable, to pay any debt of such deceased member.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.64 | Certain Property of Benevolent Societies Exempt.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The regalia, insignia of office, journals of proceedings, account books, and the private work belonging to a benevolent society in this state is exempt from seizure or sale to satisfy any judgment or decree rendered against such society.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.65 | Property Kept to Put Out Fires Exempt.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Property used, or kept to be used, by a municipal corporation or fire company for the purpose of extinguishing fire is exempt from execution or sale to satisfy any judgment or order arising upon contract or otherwise, but the owner thereof may create valid liens thereon by bill of sale or mortgage.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.661 | Certain Claims Not Exempted.

Effective:
March 27, 2013
Latest Legislation:
House Bill 479 - 129th General Assembly
(A) Division (A)(1) of section 2329.66 of the Revised Code does not:
(1) Extend to a judgment rendered on a mortgage executed, or security interest given on real or personal property by a debtor or to a claim for less than four hundred dollars for manual work or labor;
(2) Impair the lien, by mortgage or otherwise, of the vendor for the purchase money of real or personal property that the debtor or a dependent of the debtor uses as a residence or the lien of a mechanic or other person, under a statute of this state, for materials furnished or labor performed in the erection of a dwelling house on real property;
(3) Affect or invalidate any mortgage on any real property or any lien created by such a mortgage;
(4) Impair a lien for the payment of taxes, debts, or other obligations owed to this state or any agency or political subdivision of this state;
(5) Extend to a judgment rendered against a debtor for tortious operation of a motor vehicle by the debtor that results in injury, death, or loss to person or property if that injury, death, or loss was caused at a time when the debtor failed to maintain proof of financial responsibility as defined in section 4509.01 of the Revised Code.
(B) No promise, agreement, or contract shall be made or entered into that would waive the exemption laws of this state, and every promise, agreement, or contract insofar as it seeks to waive the exemption laws of this state is void.
(C) Section 2329.66 of the Revised Code does not affect or invalidate any sale, contract of sale, conditional sale, security interest, or pledge of any personal property, or any lien created thereby.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.662 | Federal Exemption Not Authorized.

Effective:
September 28, 1979
Latest Legislation:
House Bill 674 - 113th General Assembly
Pursuant to the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 U.S.C.A. 522 (b)(1), this state specifically does not authorize debtors who are domiciled in this state to exempt the property specified in the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 U.S.C.A. 522 (d).
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.67 | Exemption Not Subject to Payment of Cost of Proceedings to Collect Debt.

Effective:
September 28, 1979
Latest Legislation:
House Bill 674 - 113th General Assembly
The exempt personal earnings provided for in division (A)(13) of section 2329.66 of the Revised Code are not subject to the payment of the cost of any proceedings brought to recover a judgment for a debt or to satisfy a judgment for a debt.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.68 | Appraisal of Exempted Property.

Effective:
September 28, 1979
Latest Legislation:
House Bill 674 - 113th General Assembly
When it is necessary to ascertain the amount or value of personal property exempt under sections 2329.63 to 2329.71 of the Revised Code, it shall be estimated and appraised by two disinterested householders of the county, who shall be selected by the officer holding the execution and sworn by the officer to impartially make the appraisement.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.69 | Exemptions Apply to All Courts.

Effective:
September 28, 1979
Latest Legislation:
House Bill 674 - 113th General Assembly
Sections 2329.63 to 2329.71 of the Revised Code, with respect to exemptions, apply to all courts in this state, and a person is entitled to all applicable exemptions in any case or proceeding before any court or officer.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.71 | Participation by Secured Creditor in Trusteeship.

Effective:
January 23, 1963
Latest Legislation:
House Bill 1 - 105th General Assembly
Any creditor who holds a chattel mortgage or any other lien or encumbrance on the property of any applicant for trusteeship under section 2329.70 of the Revised Code may participate in a trusteeship.
The holder of a chattel mortgage or other encumbrance may elect to participate in a trusteeship, subject to the terms of a written agreement with the debtor, filed with and approved by the court in which the application for trusteeship is filed. If the holder of a chattel mortgage elects to participate in the trusteeship, he shall be estopped to assert his lien or other encumbrance so long as the debtor complies with the terms of such agreement and with section 2329.70 of the Revised Code. Upon the failure of the debtor to maintain such agreement, the creditor may be released from the trusteeship, upon written request to the court, to pursue his chattel property or other remedies as provided by law, which are not in violation of section 2329.70 of the Revised Code.
Upon the receipt of a notice of the filing of an application for trusteeship as provided in section 2329.70 of the Revised Code, a secured creditor shall file with the court, in writing, his election to participate and his agreement with the debtor, if such has been created, or his objection to being included. Failure of a secured creditor to answer such notice as provided in section 2329.70 of the Revised Code within ten days after receiving such notice, shall be held by the court as an election to participate in the trusteeship, and such creditor shall be estopped to assert his lien for so long as the debtor maintains his trusteeship agreement, as provided by section 2329.70 of the Revised Code.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.83 | Dower, Mansion House Rights Not Impaired.

Effective:
May 31, 1990
Latest Legislation:
House Bill 346 - 118th General Assembly
Sections 2327.01 and 2327.02 and Chapters 2329. and 2331. of the Revised Code do not impair the right of contingent or vested dower, the right to remain in the mansion house set forth in section 2106.15 of the Revised Code, or the mode provided by law for enforcing those rights.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.84 | Goods Claimed by Third Parties.

Effective:
April 6, 2017
Latest Legislation:
House Bill 347 - 131st General Assembly
If, by virtue of a writ of execution issued from a court of record in this state, an officer levies it on goods and chattels claimed by a person other than the defendant, such officer shall give written notice to a judge of the court of common pleas, municipal court, or county court, whichever court has jurisdiction. The notice shall contain the names of the plaintiff, defendant, and claimant, and at the same time furnish the judge a schedule of the property claimed. As soon as is practicable after the receipt of the notice and schedule, the judge shall schedule a hearing to determine the claimant's right to the property in controversy.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.85 | Trial of Right to Goods and Chattels.

Effective:
April 6, 2017
Latest Legislation:
House Bill 347 - 131st General Assembly
If at the hearing under section 2329.84 of the Revised Code the judge of the court of common pleas, municipal court, or county court finds that the right to the goods and chattels, in whole or part, is in the claimant, the judge also shall find the value of the goods and chattels. The judge shall render judgment on such finding for the claimant that the claimant recover the claimant's costs against the plaintiff in execution or other party for whose benefit the writ of execution is issued, and also have restitution of the goods and chattels, or any part of them, according to the finding of the judge. If the judge finds that no right to any part of the goods and chattels is in the claimant, the judge shall render judgment on such finding in favor of the plaintiff in execution or other party for whose benefit the writ of execution is issued, and against the claimant, for costs, and award execution on the judgment. Unless a bond is executed as provided in section 2329.86 of the Revised Code, a judgment for the claimant shall be a justification of the officer in returning "no goods" to the writ by virtue of which the levy was made, as to the part of the goods and chattels that were found to belong to the claimant. The same fees shall be allowed and taxed by the judge, for self, officers, and witnesses, that are allowed by law for similar services.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.86 | Finding of Judge.

Effective:
April 6, 2017
Latest Legislation:
House Bill 347 - 131st General Assembly
If the judge at the hearing under section 2329.84 of the Revised Code finds that the right to the property or a part of it is in the claimant, and the plaintiff in execution within three days after the hearing tenders to the officer having the property in the officer's custody, a bond in double the amount of its value as assessed by the judge, with good and sufficient sureties, payable to the claimant, to the effect that they will pay all damages sustained by reason of the detention or sale of the property, the officer shall deliver such bond to the claimant, sell the property as if no hearing of the right to the property had taken place, and shall not be liable to the claimant for the property.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2329 | Execution Against Property › Section 2329.90 | Uniform Foreign Country Money Judgments Recognition Act Definitions.

Effective:
August 29, 1985
Latest Legislation:
Senate Bill 19 - 116th General Assembly
As used in sections 2329.90 to 2329.94 of the Revised Code:
(A) "Foreign country" means a governmental unit other than the United States and other than a state, district, commonwealth, territory, or insular possession of the United States.
(B) "Foreign country judgment" means any judgment of a foreign country that grants or denies the recovery of a sum of money, other than the following types of judgments:
(1) A judgment for taxes;
(2) A judgment imposing a fine or other monetary penalty;
(3) A judgment for support involving matrimonial or family matters.