Ohio Revised Code Search
Section |
---|
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.
...tention, and contingency program; (5) Disability financial assistance administered by the Ohio department of job and family services; (6) Social security benefits; (7) Supplemental security income (S.S.I.); (8) Veteran's benefits; (9) Black lung benefits; (10) Certain pensions. Additionally, your wages never can be taken to pay a debt until a judgment has been obtained against you. There may be other be... |
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.
...tention, and contingency program; (5) Disability financial assistance administered by the Ohio department of job and family services; (6) Social security benefits; (7) Supplemental security income (S.S.I.); (8) Veteran's benefits; (9) Black lung benefits; (10) Certain pensions. Additionally, your wages never can be taken to pay a debt until a judgment has been obtained against you. There may be other be... |
Section 2715.05 | Order of attachment.
...ought 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 paper... |
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.
...r 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. |
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. |
Section 2715.16 | Different attachments may be made by the same officer.
...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. |
Section 2715.17 | Subsequent attachments.
... 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. |
Section 2715.18 | Form of return.
...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. |
Section 2715.19 | Property and garnishee bound.
...e 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. |
Section 2715.20 | Receiver may be appointed.
...laintiff, 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. |
Section 2715.21 | Powers and duties of receiver.
...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. |
Section 2715.22 | Notice of appointment of receiver.
...rinted 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... |
Section 2715.23 | Report of receiver.
...roperty which may come into his hands, subject to the order of the court. |