2329.85 Trial of right to goods and chattels.

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.

Cite as R.C. § 2329.85

Amended by 131st General Assembly File No. TBD, HB 347, §1, eff. 4/6/2017.

Effective Date: 01-01-1958 .