Ohio Revised Code Search
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Section 2713.25 | Stay of proceedings against bail.
...ich 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. |
Section 2713.26 | Vacating order of arrest or reducing the amount of bail.
...udgment 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. |
Section 2713.27 | Motion may be supported and opposed by affidavits.
...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. |
Section 2713.28 | Payment of jail fees.
...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. |
Section 2713.29 | Sheriff may discharge prisoner.
...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. |
Section 2715.01 | Grounds of attachment.
...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 wh... |
Section 2715.011 | Grounds of attachment definitions.
...cer, 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... |
Section 2715.03 | Motion and affidavit for order of attachment - contents.
...ncement 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) ... |
Section 2715.04 | Defendant may request hearing on motion.
... 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 ... |
Section 2715.041 | Form for notice of filing motion for order of attachment.
...intiff shall file with the clerk of the court a praecipe instructing the clerk to issue to the defendant against whom the motion was filed a notice of the proceeding. Upon receipt of the praecipe, the clerk shall issue the notice which shall be in substantially the following form: "(Name and Address of Court) Case No___________________ (Case Caption) NOTICE You are hereby notified that (name and address of ... |
Section 2715.042 | Issuing order of attachment without conducting hearing.
...ection 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 ... |
Section 2715.043 | Hearing on motion for order of attachment.
...ection 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 shal... |
Section 2715.044 | Effective date of order of attachment.
...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... |
Section 2715.045 | Issuing order of attachment without notice or hearing.
...he filing of a motion for attachment, a court may issue an order of attachment without issuing notice to the defendant against whom the motion was filed and without conducting a hearing if the court finds that there is probable cause to support the motion and that the plaintiff that filed the motion for attachment will suffer irreparable injury if the order is delayed until the defendant against whom the motion has b... |
Section 2715.05 | Order of attachment.
...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 ... |
Section 2715.06 | Two or more attachments.
...costs, unless otherwise directed by the court. |
Section 2715.07 | Return day of order.
...The return day of the order of attachment shall be no later than twenty days after the order is issued. |
Section 2715.08 | Order in which attachments are executed.
...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. |
Section 2715.09 | Manner of executing order of attachment.
...ecure 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 deliv... |
Section 2715.091 | Leaving notice of attachment and copy of order with garnishee.
...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... |
Section 2715.10 | Property may be delivered to persons with whom found.
...rthcoming 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 ... |
Section 2715.12 | Effect of service of process upon public officer.
...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 exten... |
Section 2715.13 | Garnishee to answer and be examined.
...e 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... |
Section 2715.14 | Clerk to transmit answer to proper court.
...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 offic... |
Section 2715.15 | Admission of indebtedness.
... 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. |