Ohio Revised Code Search
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Section 2715.24 | Officer to act as receiver.
...ection 2715.20 of the Revised Code, the levying officer who attaches the property shall have the powers and perform the duties of a receiver appointed by the court, and, if necessary, as such officer may commence and maintain actions in his own name. He also may be required to give security other than his official bond. |
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Section 2715.25 | Disposal of attached property.
...as are provided in respect to money deposited in lieu of bail. |
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Section 2715.26 | Discharge of attachment by bond - deposit in lieu of bond.
...court, in the same amount as the bond filed by the plaintiff under section 2715.044 of the Revised Code, or if the plaintiff has not filed such a bond, in double the amount of the plaintiff's claim as stated in his affidavit under section 2715.03 of the Revised Code, to the effect that the defendant will perform the judgment of the court, the attachment shall be discharged and restitution made of any property taken u... |
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Section 2715.27 | Claim for causing death or injury.
...of the Revised Code shall be in such amount as is fixed by the court where the action is pending, or a judge thereof if application is made in vacation. |
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Section 2715.28 | Bond may be executed in vacation.
...hands, or, after its return before the clerk, with the same effect as if executed in court. The sureties shall be approved by the officer before whom such bond is executed. |
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Section 2715.29 | Appearance and answer of garnishee.
...hing property of every description, and credits of the defendant in his possession or under his control. The garnishee shall truly disclose the amount owing by him to the defendant, other than for personal earnings, whether due or not, and in the case of a corporation, any stock held therein by or for the benefit of the defendant, at or after the service of notice. |
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Section 2715.30 | Garnishee may pay money into court.
...ersonal earnings owing by him to the defendant, or so much thereof as the court orders, into court in accordance with section 2715.32 of the Revised Code. He shall be discharged from liability to the defendant for property so delivered or money so paid and shall not be subjected to costs beyond those caused by his resistance of the claims against him. |
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Section 2715.31 | Attachment of garnishee for contempt.
...If a garnishee under this chapter fails to appear in court and answer, as required by section 2715.29 of the Revised Code, the court may proceed against him for a contempt. |
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Section 2715.32 | Disposition of property in hands of garnishee.
... he was possessed of property of the defendant, or was indebted to him, or both, the court may order the delivery of such property, or the payment of the amount owing by him, other than personal earnings, into court, or both; or it may permit the garnishee to retain the property, or the amount owing, upon his executing a bond to the plaintiff, by sufficient surety, to the effect that the amount will be paid, or the p... |
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Section 2715.33 | Action against the garnishee.
...laintiff for the amount of property and credits of the defendant in possession of the garnishee, for what may appear to be owing by him to the defendant, and for the costs of the proceedings against the garnishee. |
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Section 2715.34 | Payment of costs by plaintiff.
...plaintiff must pay the costs thereof. When the claim of the plaintiff in attachment is satisfied, on motion, the defendant may be substituted as the plaintiff in the judgment. |
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Section 2715.35 | Judgment against garnishee.
... garnishee delivers up the property and credits of the defendant in his possession, and pays the money due from him, as the court orders, he shall be discharged, and the costs of proceedings against him shall be paid out of the property and money so surrendered, or as the court deems right. |
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Section 2715.36 | Judgment for defendant.
...If the judgment in an action in attachment is rendered for the defendant, the attachment shall be discharged, and the property attached or its proceeds returned to him. |
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Section 2715.37 | Proceedings after judgment for plaintiff.
...y, shall be sold by order of the court, under the same restrictions and regulations as if it had been levied on by execution. The money arising therefrom, with the amount which is recovered from the garnishee, shall be applied to satisfy the judgment and costs. If there is not enough to satisfy them, the judgment shall stand and execution may issue thereon for the residue, as in other cases. Any surplus of the attach... |
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Section 2715.38 | Court may enforce the delivery of property.
...ttached property for which a bond has been given, and may proceed summarily on such bond to enforce delivery of the property, or payment of the money due thereon, by rules and attachment as in cases of contempt. |
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Section 2715.39 | Repossession of attached property.
...ving been sold or converted into money. Under such order, the officer shall have the same power to take the property as under an order of attachment. |
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Section 2715.40 | Attached property claimed by a third person.
... a person other than the defendant, the levying officer shall have the validity of such claim tried; and such proceedings shall be had, with like effect, as in case of property seized upon execution, and claimed by a third person. |
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Section 2715.41 | Priority of attachments.
...eference to ascertain and report the amounts and priorities of the several attachments. |
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Section 2715.42 | Proceedings do not end by death of defendant.
...defendant is a foreign corporation, the legal representatives of the defendant shall be made parties to the action. |
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Section 2715.43 | Objection to surety - additional security.
...rson on a bond filed under section 2715.26 or 2715.10 of the Revised Code, respectively. An objection against a surety under this division shall be made by filing with the court within ten days after the filing of the surety's bond an exception to the sufficiency of the surety. All objections to sureties are otherwise waived. When an exception to a surety is made, that surety shall show to the court that it is suffic... |
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Section 2715.431 | Complaint against surety.
...sued in favor of that party is returned unsatisfied, by the filing of a complaint against the surety in the same action in which the bond was filed. |
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Section 2715.44 | Motion to discharge attachment.
...Before judgment, upon reasonable notice to the plaintiff, the defendant may move to discharge an attachment as to the whole or any of the property attached. The motion shall promptly be heard and decided by the court. |
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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. |
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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. |
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Section 2715.47 | Time in which appeal may be filed.
...xceed 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. |