Ohio Revised Code Search
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Section 2323.58 | Transfer of structural settlement payment rights definitions.
...hat is established by a settlement or a court judgment in resolution of a tort claim. (M) "Structured settlement agreement" means an agreement, judgment, stipulation, or release that embodies the terms of a structured settlement, including the rights of a payee to receive periodic payments. (N) "Structured settlement obligor" means the party that has the obligation to make continuing periodic payments to the payee ... |
Section 2323.581 | Valid transfer of structural settlement payment rights.
...proved in advance in a final order of a court of competent jurisdiction based on express findings by the court of all of the following: (A) The transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents. (B) The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received that a... |
Section 2323.582 | Contents and form of disclosure statement.
...Not less than ten days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in boldface type of the minimum size of fourteen points, setting forth all of the following: (A) The amounts and due dates of the structured settlement payments that would be transferred under the transfer agreement; (B) The aggregate amount of the payments... |
Section 2323.583 | Transfer of structured settlement payment rights; applicable procedures.
... and the annuity issuer may rely on the court order approving the transfer in redirecting periodic payments to an assignee or transferee in accordance with the order approving the transfer and shall, as to all parties except the transferee or an assignee designated by the transferee, be discharged and released from any and all liability for the redirected payments. That discharge and release shall not be affected by ... |
Section 2323.585 | Immunity - waiver - illegal transfers.
... established and has agreed to maintain procedures reasonably satisfactory to the annuity issuer and the structured settlement obligor for both of the following: (1) Periodically confirming the payee's survival; (2) Giving the annuity issuer and the structured settlement obligor prompt written notice in the event of the payee's death. (F) If the payee cancels a transfer agreement, or if the transfer agreement othe... |
Section 2323.586 | Settlement obligor and annuity issuer immune from liability.
...Compliance with section 2323.582 of the Revised Code and the fulfillment of the conditions set forth in section 2323.581 of the Revised Code shall be solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer shall bear any responsibility for, or any liability arising from, noncompliance with the requiremen... |
Section 2323.587 | Consumer sales practices act applicability.
...A violation of or failure to comply with section 2323.581, 2323.582, 2323.583, 2323.584, 2323.585, or 2323.586 of the Revised Code is an unfair or deceptive act or practice in violation of section 1345.02 of the Revised Code. |
Section 2325.03 | Bona fide purchaser unaffected.
...notice, as required by the law or Civil Rules applicable to the proceeding. |
Section 2325.12 | Recovery of excess of amount claimed in pleading.
... the mistake may recover the balance by civil action, without costs. |
Section 2325.15 | Revivor of dormant judgment or finding.
...dgments rendered by a judge of a county court or mayor, a transcript of which has been filed in the court of common pleas for execution, is dormant, or when a finding for money in equitable proceedings remains unpaid in whole or in part, under the order of the court therein made, such judgment may be revived, or such finding made subject to execution as judgments at law are, in the manner prescribed for reviving acti... |
Section 2325.16 | Service by publication.
...When either party to the dormant judgment or finding mentioned in section 2325.15 of the Revised Code, his agent or attorney, makes affidavit showing that the adverse party is not a resident of the state, that such judgment or finding remains unsatisfied in whole or part and the amount owing thereon, service may be made by publication, as provided in section 2703.18 of the Revised Code, but only for judgments or find... |
Section 2325.17 | Time a lien attaches when a dormant judgment is revived.
...udgment debtor for the amount which the court finds to be due and unsatisfied thereon to the same extent and in the same manner as judgments or findings rendered in any other action. |
Section 2325.18 | Limitation.
...(A) An action to revive a judgment can only be brought within ten years from the time it became dormant, unless the party entitled to bring that action, at the time the judgment became dormant, was within the age of minority, of unsound mind, or imprisoned, in which cases the action may be brought within ten years after the disability is removed. (B) For the purpose of calculating interest due on a revived judgment... |
Section 2325.19 | New parties to and revivor of judgment on death of party.
...In case of the death of either or both parties after judgment rendered, and before its satisfaction, his or their representatives may be made parties to the judgment, and it may be revived by an action brought for that purpose; or they may be made parties thereto in the manner prescribed for the revival of actions before judgment. Such judgment may be rendered and execution awarded as might or should have been given ... |
Section 2325.20 | Judgment remanded for execution by court of common pleas may be revived.
...ment or decree has been rendered in the court of appeals and a mandate directed to the court of common pleas to carry it into execution, on the death of either or both parties thereto before its satisfaction, it may be revived in such court of common pleas in conformity with section 2325.19 of the Revised Code. |
Section 2327.01 | Execution defined.
... (B)(1) An execution is a process of a court, issued by its clerk, the court itself, or the county board of revision with jurisdiction pursuant to section 323.66 of the Revised Code, and directed to the sheriff of the county. (2) An execution includes a process of a court, issued by its clerk or the court itself, and directed to a private selling officer authorized in accordance with section 2329.151, 2329.152, or ... |
Section 2327.02 | Kinds of execution.
...nd otherwise approved in advance by the court having jurisdiction or the county board of revision with jurisdiction pursuant to section 323.66 of the Revised Code, directly commanding the sheriff or the private selling officer to sell, convey, or deliver possession of the property as commanded in that order. In those cases, the clerk shall journalize the order and deliver that writ or order to the sheriff or private ... |
Section 2327.03 | Disposition of property in hands of trustee.
...belongs or is due to another party, the court may order it to be deposited in court or delivered to such party, with or without security, subject to its further direction. |
Section 2327.04 | Enforcing orders of court.
...en, in the exercise of its authority, a court orders the deposit or delivery of money or other thing, and the order is disobeyed, besides punishing the disobedience as for a contempt, the court may make an order requiring the sheriff or private selling officer to take the money or thing and deposit or deliver it in conformity with the court's direction. |
Section 2329.01 | Property subject to levy and sale.
...(A) Lands and tenements, including vested legal interests therein, permanent leasehold estates renewable forever, and goods and chattels, not exempt by law, shall be subject to the payment of debts, and liable to be taken on execution and sold as provided in sections 2329.02 to 2329.61 of the Revised Code. (B) As used in sections 2329.02 to 2329.61 of the Revised Code: (1) "Commercial property" means any property... |
Section 2329.02 | Judgment lien - certificate of judgment - filing - transfer.
...Any judgment or decree rendered by any court of general jurisdiction, including district courts of the United States, within this state shall be a lien upon lands and tenements of each judgment debtor within any county of this state from the time there is filed in the office of the clerk of the court of common pleas of such county a certificate of such judgment, setting forth all of the following: (A) The court in ... |
Section 2329.021 | Foreign judgment defined.
...ans any judgment, decree, or order of a court of the United States, or of any court of another state, that is entitled to full faith and credit in this state. |
Section 2329.022 | Filing and status of foreign judgments.
... same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of a court of common pleas and may be enforced or satisfied in same manner as a judgment of a court of common pleas. |
Section 2329.023 | Notice of filing.
...all make and file with the clerk of the court in which the foreign judgment is filed an affidavit setting forth the name and last known address of the judgment debtor and of the judgment creditor. (B) Upon the filing of a foreign judgment pursuant to section 2329.022 of the Revised Code and the affidavit pursuant to division (A) of this section, the judgment creditor or his attorney shall file with the clerk of the ... |
Section 2329.024 | Stay.
...(A) If the judgment debtor shows the court of common pleas that an appeal is pending or will be taken from a foreign judgment that is filed pursuant to section 2329.022 of the Revised Code, or that a stay of execution of the foreign judgment has been granted and if proof is given to the court that the judgment debtor has furnished the security for the satisfaction of the foreign judgment that is required by the juris... |