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Section 2715.431 | Complaint against surety.

...turned unsatisfied, by the filing of a complaint against the surety in the same action in which the bond was filed.

Section 2715.44 | Motion to discharge attachment.

...e property attached. The motion shall promptly be heard and decided by the court.

Section 2715.45 | Evidence on motion to discharge.

...When, on the part of the defendant, a motion to discharge an attachment is made on affidavits or papers and evidence in the case, but not otherwise, the plaintiff may oppose it by affidavits or other evidence, in addition to that on which the order of attachment was made.

Section 2715.46 | Appeal to reverse, vacate, or modify order of attachment.

...efusing to discharge an order of attachment may appeal on questions of law to reverse, vacate, or modify it as in other cases; and the original action shall proceed to trial and judgment as though no appeal had been taken.

Section 2715.47 | Time in which appeal may be filed.

...When an order discharging an order of attachment is made, and a party affected thereby excepts thereto, the court or judge shall fix the number of days, not to exceed thirty, in which such party may file his appeal, during which it shall be filed and the attached property held by the sheriff or other officer.

Section 2715.48 | Bond.

... all damages sustained by him in consequence of filing such appeal, in the event of the discharge of the order of attachment by the court in which it is filed because the order was wrongfully obtained. When the appeal is filed and a bond is given, the sheriff or other officer shall continue to hold the property attached, subject to the further order of the court.

Section 2715.49 | Administrator or executor may file appeal.

...on, may file his appeal, and thereby become a party to the action. He shall not be required to give the bond required by section 2715.48 of the Revised Code. No such appeal can be filed by an executor or administrator after one year from the time such order is made.

Section 2715.50 | Grounds of attachment before debt is due.

...aim before it is due and have an attachment against the property of the debtor when any of the following applies: (A) A debtor has sold or otherwise transferred or disposed of his property with the fraudulent intent to cheat or defraud his creditors, or to hinder or delay them in the collection of their debts; (B) A debtor is about to make such a sale or other transfer or disposition of his property, with such fra...

Section 2715.51 | Attachment to be granted by court in which action is brought.

...The attachment provided for in section 2715.50 of the Revised Code may be granted, pursuant and subject to sections 2715.01 to 2715.49 of the Revised Code, by the court in which the action was brought.

Section 2715.52 | Action to be dismissed if attachment refused.

...dge refuses to grant an order of attachment under section 2715.50 of the Revised Code, the action shall be dismissed, but without prejudice to a future action. In all such actions application for an attachment must be made.

Section 2716.01 | Garnishing personal earnings or property of judgment debtor.

...rsonal earnings of the person against whom judgment was obtained only through a proceeding in garnishment of personal earnings and only in accordance with this chapter. (B) A person who obtains a judgment against another person may garnish the property, other than personal earnings, of the person against whom judgment was obtained, if the property is in the possession of a person other than the person against whom j...

Section 2716.02 | Form for notice of court proceeding to collect debt.

...be to your advantage because in the meantime none of those creditors can garnish your wages. You also may contact a budget and debt counseling service described in division (D) of section 2716.03 of the Revised Code for the purpose of entering into an agreement for debt scheduling. There may not be enough time to set up an agreement for debt scheduling in order to avoid a garnishment of your wages based upon this d...

Section 2716.03 | Commencing proceeding for garnishment of personal earnings.

...) Subject to the limitation on the commencement of proceedings contained in division (B) of section 124.10 of the Revised Code, a proceeding in garnishment of personal earnings may be commenced after a judgment has been obtained by a judgment creditor by the filing of an affidavit in writing made by the judgment creditor or the judgment creditor's attorney setting forth all of the following: (1) The name of t...

Section 2716.031 | Filing affidavit of current balance due on garnishment order.

...y regular mail evidenced by a properly completed and stamped certificate of mailing by regular mail, addressed to the judgment debtor's last known place of residence. A certificate of service upon the judgment debtor shall be attached to each affidavit of current balance due on garnishment order. (D) Court costs shall not be assessed for filing the affidavit of current balance due on garnishment order with the cour...

Section 2716.04 | Proof of service of written demand.

...shment of personal earnings shall be accompanied by the return receipt requested for the written demand made pursuant to section 2716.02 of the Revised Code, the unclaimed letter, or a photographic or other direct image copy of the receipt or letter if the demand was sent by certified mail, return receipt requested; by proof of service by the court of the demand; or by a properly completed and stamped certificate of ...

Section 2716.041 | Order of garnishment of personal earnings to be continuous.

...rticular judgment debtor and if, at the time of the receipt of that order, the garnishee is the subject of a previously received continuous order of garnishment of personal earnings with respect to the same judgment debtor, the previous order shall cease to remain in effect as described in division (C)(1)(f) of this section. However, for the time period up to and including the full pay period within which the one hun...

Section 2716.05 | Service of order and notices on garnishee.

...6.08 of the Revised Code. A court of common pleas or municipal or county court that issues an order of garnishment of personal earnings has jurisdiction to serve process pursuant to this section upon a garnishee who does not reside within the territorial jurisdiction of the court. If the garnishee does not reside within the territorial jurisdiction of the court that issued the order, the process may be served upon ...

Section 2716.06 | Form for notice to judgment debtor.

...court will send you notice of the date, time, and place. You may indicate in the form that you believe that the need for the hearing is an emergency and that it should be given priority by the court. If you do so, the court will schedule the hearing as soon as practicable after your request is received and will send you notice of the date, time, and place. If you do not request a hearing by delivering your request fo...

Section 2716.07 | Payments on continuous order of garnishment of personal earnings.

..._____________________ 6. ____________ times the current federal minimum hourly wage is (If the judgment debtor is paid weekly, enter thirty above, if paid biweekly, enter sixty, if paid semimonthly, enter sixty-five, if paid monthly, enter one hundred thirty, then calculate the amount.) $________________ 7. The amount by which the amount in section 4 of this form exceeds the amount in section 6 of this form is __...

Section 2716.08 | Form for final report and answer of garnishee.

... municipal or county court or court of common pleas that issued the order the garnishee's final report and answer that shall be substantially in the following form: "FINAL REPORT AND ANSWER OF GARNISHEE Case No. ______________________ In the __________________ Court _________________________, Ohio ___________ Judgment Creditor vs. ___________ Judgment Debtor The garnishee, _______________, in the above case s...

Section 2716.09 | Modifying and interrupting the processing of an order of garnishment of personal earnings.

... disburse the garnishment proceeds on a time schedule other than that as provided by this chapter.

Section 2716.11 | Garnishment of property, other than personal earnings of judgment debtor.

... other than personal earnings, may be commenced after a judgment has been obtained by a judgment creditor by the filing of an affidavit in writing made by the judgment creditor or the judgment creditor's attorney setting forth all of the following: (A) The name of the judgment debtor whose property the judgment creditor seeks to garnish; (B) A description of the property; (C) The name and address of the gar...

Section 2716.12 | Garnishee's fee.

...her than personal earnings, shall be accompanied by one dollar as the garnishee's fee for compliance with the order, no part of which shall be charged as court costs.

Section 2716.13 | Hearing on motion for garnishment of property, other than personal earnings of judgment debtor.

...debtor. You are therefore ordered to complete the "ANSWER OF GARNISHEE" in section (B) of this form. Return one completed and signed copy of this form to the clerk of this court together with the amount determined in accordance with the "ANSWER OF GARNISHEE" by the following date on which a hearing is tentatively scheduled relative to this order of garnishment: ____________ Deliver one completed and signed copy of ...

Section 2716.21 | Garnishee's answer.

...or under the garnishee's control at the time of service of the order, whichever is applicable. The garnishee shall truly disclose the amount owed by the garnishee to the judgment debtor whether due or not and, in the case of a corporation, any stock held in the corporation by or for the benefit of the judgment debtor. If a garnishee answers and it is discovered that, at the time of the service of the order upon the g...