Ohio Revised Code Search
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Section 2329.38 | Printer's fee.
...The officer who makes a levy, or holds an order of sale, before giving notice of the sale, may demand of the plaintiff, his agent or attorney, the fees of the printer for publishing such notice. The officer need not make such publication until the fees are paid. |
Section 2329.39 | Place of sale.
...y in which they are situated and at the courthouse, unless otherwise ordered by the court. Purchase of real or personal property, by the officer making the sale thereof, or by an appraiser of such property, shall be fraudulent and void. |
Section 2329.40 | Alias execution.
...If lands and tenements levied on, or ordered to be sold, are not sold upon execution, other executions may be issued to sell them. |
Section 2329.41 | Separate levies directed on separate tracts.
...When two or more executions come to the hands of an officer, and it is necessary to levy on real estate to satisfy them, and either of the judgment creditors, or his assignee , requires him to make a separate levy to satisfy his executions, the officer shall obey the direction. The officer who makes the levy on behalf of the creditor whose execution, is entitled to a preference by sections 2329.01 to 2329.61, inclusi... |
Section 2329.42 | Two or more executions to same officer.
...If two or more executions entitled to no preference as to each other are put in the hands of the same officer, when required, he must levy them on separate parcels of the real property of the judgment debtor if, in the opinion of the appraisers, they can be divided without material injury. If the real property of such debtor is not sufficient, at two thirds of its appraised value, to satisfy all the executions charg... |
Section 2329.43 | Deeds for lands sold may be made by a sheriff's successor.
...ld, on receiving a certificate from the court from which execution issued for such sale, signed by the clerk of such court, by order of the court, setting forth that sufficient proof has been made that the sale was fair and legal, on tender of the purchase money, or if it or a part thereof has been paid, then, on proof of such payment and tender of the balance, any of the successors of such officer may execute to the... |
Section 2329.44 | Excess payable to debtor; notice to debtor.
...receive the balance, and sets forth the procedure that the judgment debtor is required to follow to obtain the balance. Subject to divisions (A)(1)(b) and (c) of this section, this notice shall be sent in the following manner: (i) To the judgment debtor at the address of the judgment debtor in the caption on the judgment or at any different address the judgment debtor may have provided, by certified mail, return r... |
Section 2329.45 | Reversal of judgment.
... creditor. In ordering restitution, the court shall take into consideration all persons who lost an interest in the property by reason of the judgment and sale and the order of the priority of those interests. |
Section 2329.46 | Remedy of purchaser if sale invalid.
...is section applies to sales by order of court, sales by executors, administrators, guardians, and assignees, and to sales for taxes. |
Section 2329.47 | Proceedings to vacate satisfaction of judgment.
...e amount so recovered, on motion in the court having control of the judgment, on giving the judgment defendant notice thereof, may have the satisfaction so made from the sale of the property vacated, and may collect the judgment. |
Section 2329.48 | Relief of officer who levies upon and sells wrong property in good faith.
...n payment thereof, on motion before the court having control of the judgment and a showing that due notice of such motion was given to the defendant in the execution, such officer may have the satisfaction of such judgment vacated, and execution shall issue therefor for his use as if such levy and sale had not been made. |
Section 2329.49 | Remedy when one of cosureties pays for such property.
...When a defendant in a judgment, or his surety or cosurety , by mistake has directed an execution issued on the judgment to be levied on property not liable thereto, thereby causing such judgment to be wholly or in part satisfied, and has been compelled to pay the owner of the property therefor, he has the same rights against a codefendant in such judgment, and against a cosurety or principal in respect of the debts o... |
Section 2329.50 | Supreme court and court of appeals judgments.
...es in which judgment is rendered in the court of appeals or supreme court and a special mandate is directed to the court of common pleas to carry it into execution, the lien of the judgment creditor shall continue for one year after it is so entered. In computing such period of one year, the time covered by an appeal of the case, or by an injunction against the execution, or by a vacancy in the office of sheriff and ... |
Section 2329.51 | New appraisement.
...sale is unsold for want of bidders, the court from which the execution issued, on motion of the plaintiff, shall set aside such appraisement and order a new appraisement to be made, or shall set aside the levy and appraisement and award a new execution to issue. When such real estate or a part of it has been two times appraised and thereafter advertised and offered for sale, and is unsold for want of bidders, the cou... |
Section 2329.52 | New appraisement - sale of part - terms of sale.
..., advertised, and offered for sale, the court from which the order of sale issued may, on motion of the plaintiff or defendant and from time to time until said premises are disposed of, order a new appraisement and sale or direct the amount for which said premises, or a part thereof, may be sold. The court may order that the premises be sold as follows: One third cash in hand, one third in nine months from the day o... |
Section 2329.53 | Return day of writ of execution.
... directed shall return such writ to the court to which it is returnable within sixty days from its date. |
Section 2329.54 | Entry of judgment against principal and surety.
...When judgment is rendered in a court of record in this state upon an instrument in writing in which two or more persons are jointly or severally bound, and it appears to the court, by parol or other testimony, that one or more of the persons so bound signed it as surety or bail for his codefendant, the clerk of such court, in recording the judgment thereon, must certify which of the defendants is principal debtor an... |
Section 2329.56 | Penalty for neglecting to serve as appraiser.
...complaint made to a judge of the county court in the district in which such freeholder resides, unless the freeholder has a reasonable excuse, the freeholder shall pay fifty dollars for each neglect, which shall be collected by the judge, and paid into the county treasury for the use of the county. |
Section 2329.57 | Execution issued to another county may be returned by mail.
...transmit it by mail to the clerk of the court who issued the writ. On proof by such sheriff or coroner that it was mailed soon enough to reach the office where it was issued within the time prescribed by law, he shall not be liable to amercement or penalty if it does not reach the office in due time. |
Section 2329.58 | Money not to be forwarded by mail.
...No sheriff or coroner shall forward by mail any money made on an execution, unless he is specially instructed to do so by the plaintiff, his agent, or attorney of record. |
Section 2329.59 | Entries on execution docket.
...The clerk of the court of common pleas shall enter upon the execution docket the names in full of parties to the cause in which an execution is issued, the number of the cause on the appearance docket, number of the execution, date of its issue, amount of the judgment, the costs due each person or officer, the time when the judgment was rendered, and the date of the return. The return shall be recorded upon the execu... |
Section 2329.60 | Index to execution docket.
...The clerk of the court of common pleas shall keep an index to the execution docket, showing, in separate columns, the names of all parties against whom and in whose favor an execution has been issued, the number of the execution, and the number of the cause upon the execution docket. |
Section 2329.61 | Order of sale issued in case not on trial docket.
...t on the trial docket, the clerk of the court of common pleas shall enter it on the execution docket and enter the subsequent proceedings in pursuance thereof in the manner that executions and proceedings thereon are entered. When a sale of real estate is made under such order, it shall be confirmed as are sales on executions. After the sale, the officer shall be governed by the law relating to sales on execution. |
Section 2329.63 | Beneficiary funds exempt.
...ssociation or society, according to its rules, regulations, or bylaws, to the family of a deceased member, or to a member of such family, is not liable to be taken by process or proceedings, legal or equitable, to pay any debt of such deceased member. |
Section 2329.64 | Certain property of benevolent societies exempt.
...The regalia, insignia of office, journals of proceedings, account books, and the private work belonging to a benevolent society in this state is exempt from seizure or sale to satisfy any judgment or decree rendered against such society. |