Ohio Revised Code Search
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Section 2715.23 | Report of receiver.
...ode shall report his proceedings to the court, and hold all money collected by him, and property which may come into his hands, subject to the order of the court. |
Section 2715.24 | Officer to act as receiver.
...e 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. |
Section 2715.25 | Disposal of attached property.
...The court may make proper orders for the preservation of property attached during the pendency of a suit and direct a sale of it when, because of its perishable nature or the costs of its keeping, that will be for the benefit of the parties. The sale shall be public, after such advertisement as is prescribed for the sale of like property on execution, and shall be made in such manner and on such terms of credit, with... |
Section 2715.26 | Discharge of attachment by bond - deposit in lieu of bond.
...ident in the county and approved by the 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 ... |
Section 2715.27 | Claim for causing death or injury.
...ll 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. |
Section 2715.28 | Bond may be executed in vacation.
... with the same effect as if executed in court. The sureties shall be approved by the officer before whom such bond is executed. |
Section 2715.29 | Appearance and answer of garnishee.
...After written notice is issued to a garnishee as provided in section 2715.091 of the Revised Code, the garnishee shall appear and answer within the time allowed the defendant to answer the petition upon which the attachment was granted. Under oath, he shall answer all questions put to him touching property of every description, and credits of the defendant in his possession or under his control. The garnishee shall ... |
Section 2715.30 | Garnishee may pay money into court.
...he 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. |
Section 2715.31 | Attachment of garnishee for contempt.
...e 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. |
Section 2715.32 | Disposition of property in hands of garnishee.
...t, 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 property forthcoming, as the court directs. |
Section 2715.33 | Action against the garnishee.
...he plaintiff may proceed against him by civil action. Thereupon such proceedings may be had as in other actions. Judgment may be rendered in favor of the plaintiff 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. |
Section 2715.34 | Payment of costs by plaintiff.
...If the plaintiff proceeds against the garnishee by action, as provided in section 2715.33 of the Revised Code, for the cause that his disclosure was unsatisfactory, unless it appears on the trial that such disclosure was incomplete, the 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. |
Section 2715.35 | Judgment against garnishee.
...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. |
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. |
Section 2715.37 | Proceedings after judgment for plaintiff.
...ecessary, 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... |
Section 2715.38 | Court may enforce the delivery of property.
...or payment of the money due thereon, by rules and attachment as in cases of contempt. |
Section 2715.39 | Repossession of attached property.
...For the purpose of selling it, the court may order the levying officer to repossess himself of attached property which has passed out of his hands without having 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. |
Section 2715.40 | Attached property claimed by a third person.
...If personal property which has been attached is claimed by 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. |
Section 2715.41 | Priority of attachments.
...he motion of any of the plaintiffs, the court may order a reference to ascertain and report the amounts and priorities of the several attachments. |
Section 2715.42 | Proceedings do not end by death of defendant.
...e an order of attachment is issued, the court shall have jurisdiction and control of all subsequent proceedings under sections 2715.01 to 2715.49, inclusive, of the Revised Code. After the order issues, if the defendant dies, or if the defendant is a corporation and its charter expires by limitation, forfeiture, or otherwise, the proceedings shall be carried on. In such cases, other than where the defendant is a fore... |
Section 2715.43 | Objection to surety - additional security.
...vision 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 sufficient to fulfill the obligations of its bond. After an exception has been made, the levying officer may execute the order of attachme... |
Section 2715.431 | Complaint against surety.
...A party may seek recovery of damages awarded on final judgment and the costs of judgment execution against the other party's surety on a bond filed pursuant to section 2715.044, 2715.10, or 2715.26 of the Revised Code if execution of judgment issued 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. |
Section 2715.44 | Motion to discharge attachment.
...ll promptly be heard and decided by the court. |
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. |
Section 2715.46 | Appeal to reverse, vacate, or modify order of attachment.
...A party to a suit affected by an order discharging or refusing 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. |