Ohio Revised Code Chapter 2329 - Execution Against Property

• Section 2329.01 - Property Subject To Levy And Sale.
  Lands and tenements, including vested legal interests therein, permanent leasehold estates renewable forever, and goods and chattels, not exempt by law, shall be subject...
• 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...
• Section 2329.021 - Foreign Judgment Defined.
  As used in sections 2329.021 to 2329.027 of the Revised Code, "foreign judgment" means any judgment, decree, or order of a court of the...
• Section 2329.022 - Filing And Status Of Foreign Judgments.
  A copy of any foreign judgment authenticated in accordance with section 1738 of Title 28 of the United States Code, 62 Stat. 947 (1948),...
• Section 2329.023 - Notice Of Filing.
  (A) When a foreign judgment is filed pursuant to section 2329.022 of the Revised Code, the judgment creditor or his attorney shall make and...
• 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...
• Section 2329.025 - Fees.
  Any person who files a foreign judgment pursuant to section 2329.022 of the Revised Code shall pay a filing fee of fifteen dollars. Fees...
• Section 2329.026 - Optional Procedure.
  Sections 2329.021 to 2329.027 of the Revised Code do not affect the right of a judgment creditor to bring an action to enforce a...
• Section 2329.027 - Uniformity Of Interpretation.
  Sections 2329.021 to 2329.027 of the Revised Code shall be construed to effectuate the general purpose to make uniform the law of those states...
• Section 2329.03 - Lien Without Filing Of Certificate.
  Lands and tenements of a judgment debtor shall be bound with a lien for the satisfaction of any judgment of any court of general...
• Section 2329.04 - Judgments Of Inferior Courts - Stay Of Execution - Certificate In Lieu Of Transcript.
  Judgments of probate courts, municipal courts, county courts, and other courts inferior to the court of common pleas may be made liens upon lands...
• Section 2329.05 - Judgment Of Supreme Court.
  A judgment of the supreme court for money shall bind the lands and tenements of the judgment debtor in any county from the time...
• Section 2329.06 - Lien Of A Judgment When Action Removed To Supreme Court.
  When a certificate is filed as provided in section 2329.02 of the Revised Code, the lien of a judgment of the court of common...
• Section 2329.07 - Judgment May Become Dormant.
  (A) (1) If neither execution on a judgment rendered in a court of record or certified to the clerk of the court of common...
• Section 2329.08 - Limitation Of Enforcement Of Deficiency Judgment - Waiver - Pending Actions.
  Any judgment for money rendered in a court of record in this state upon any indebtedness which is secured or evidenced by a mortgage,...
• Section 2329.09 - Writ Of Execution.
  The writ of execution against the property of a judgment debtor issuing from a court of record shall command the officer to whom it...
• Section 2329.091 - Levying Officer To Execute Writ Of Execution.
  (A) When a judgment creditor files a praecipe for a writ of execution with a clerk of a common pleas court pursuant to section...
• Section 2329.10 - Preference Between Writs Of Execution.
  When two or more writs of execution against the same debtor are delivered to the officer to whom they are directed on the same...
• Section 2329.11 - Order In Which Officer To Make Levy.
  The officer to whom a writ of execution is delivered shall proceed immediately to levy it upon the goods and chattels of the debtor....
• Section 2329.12 - Bond For Delivery Of Goods And Chattels.
  When a sheriff, coroner, or other officer, by virtue of an execution, levies upon goods and chattels which afterward remain upon his hands unsold...
• Section 2329.13 - Notice Of Sale Of Goods On Execution - Setting Aside Or Confirmation Of Sale.
  (A) Goods and chattels levied upon by virtue of an execution of a court of record shall not be sold until both of the...
• Section 2329.14 - Execution Against Unsold Goods.
  When goods and chattels levied upon by execution cannot be sold for want of bidders or for want of time, the officer who makes...
• Section 2329.15 - Public And Private Sale Of Goods On Execution.
  All sales of goods and chattels shall be at public auction unless the court from which an execution or order of sale issues, or...
• Section 2329.151 - Licensed Auctioneer To Conduct Judicial Sale.
  All public auctions of goods, chattels, or lands levied upon by execution shall be conducted personally by an officer of the court or by...
• Section 2329.16 - Another Levy Allowed.
  When a writ is issued directing the sale of property previously taken in execution, the officer who issues the writ, if requested by the...
• Section 2329.17 - Lands To Be Appraised.
  (A) When execution is levied upon lands and tenements, the officer who makes the levy shall call an inquest of three disinterested freeholders, residents...
• Section 2329.18 - Copy Of Appraisement To Be Left With Clerk.
  When an officer receives the return provided for in division (A) of section 2329.17 of the Revised Code, the officer forthwith shall deposit a...
• Section 2329.19 - Extent Of Lien Of Judgment.
  Upon the return of the estimate provided for in division (A) of section 2329.17 of the Revised Code, if it appears by the inquisition...
• Section 2329.191 - Preliminary Judicial Report By Petitioner.
  (A) As used in this section, "title insurance company" has the same meaning as in section 3953.01 of the Revised Code. (B) In every...
• Section 2329.192 - State Lienholder As Party Defendant In Judicial Sale; Proceeds Of Sale.
  (A) As used in this section: (1) "State lien" means a lien upon real estate, including lands and tenements, of persons indebted to the...
• Section 2329.20 - Land Not To Be Sold For Less Than Two Thirds Of Appraised Value.
  No tract of land shall be sold for less than two thirds of the value returned in the inquest required by section 2329.17 of...
• Section 2329.21 - Purchaser To Add Enough To Pay Costs In Certain Cases.
  If the sum bid by the purchaser for the real estate sold under section 2329.20 of the Revised Code relating to the enforcement of...
• Section 2329.22 - Rule As To Sale Of Lands By State.
  Sections 2329.19 to 2329.21, inclusive, of the Revised Code do not affect the sale of lands by the state. All lands, the property of...
• Section 2329.23 - Notices Of Sale Of Lands.
  All notices and advertisements for the sale of lands and tenements located in a municipal corporation, made by virtue of the proceedings in a...
• Section 2329.24 - Name Of Township In Certain Cases.
  All notices and advertisements for the sale of lands and tenements located in a township and not within the limits of a municipal corporation,...
• Section 2329.25 - Property To Be Sold Without Valuation.
  If the property of a clerk of the court of common pleas, sheriff, coroner, county court judge, or constable, or of a collector of...
• Section 2329.26 - Notice Of Date, Time And Place Of Sale.
  (A) Lands and tenements taken in execution shall not be sold until all of the following occur: (1) (a) Except as otherwise provided in...
• Section 2329.27 - Public Notice Requirements - Setting Aside Or Confirmation Of Sale.
  (A) When the public notice required by division (A)(2) of section 2329.26 of the Revised Code is made in a newspaper published weekly, it...
• Section 2329.271 - Identifying Information Submitted By Purchaser.
  (A) (1) Subject to division (A)(2) of this section, the purchaser of lands and tenements taken in execution shall submit to the officer who...
• Section 2329.272 - Open House Of Property Prior To Sale.
  (A) The officer who will make the sale of lands and tenements that are delinquent vacant tenements or premises or abandoned tenements or premises...
• Section 2329.28 - The Return Of The Writ And Record Thereof.
  The sheriff shall indorse on the writ of execution his proceedings thereon, and the clerk of the court of common pleas, upon the return...
• Section 2329.29 - Disposition Of Money Made Without Sale Of Real Estate.
  If the sheriff collects any part of a judgment by virtue of an execution without the sale of real estate, he shall pay it...
• Section 2329.30 - Failure Of Purchaser To Pay.
  The court from which an execution or order of sale issues, upon notice and motion of the officer who makes the sale or of...
• Section 2329.31 - Confirmation And Order For Deed.
  (A) Upon the return of any writ of execution for the satisfaction of which lands and tenements have been sold, on careful examination of...
• Section 2329.32 - Officer May Retain Purchase Money Until Sale Confirmed.
  The officer, on making the sale of property of a judgment debtor, may retain the purchase money in his hands until the court examines...
• Section 2329.33 - Redemption By Judgment Debtor.
  In sales of real estate on execution or order of sale, at any time before the confirmation thereof, the debtor may redeem it from...
• Section 2329.34 - Conveyance By Commissioner.
  Real property may be conveyed by a master commissioner or special master only: (A) When, by an order or a judgment in an action...
• Section 2329.35 - Sheriff May Act For Master Commissioner.
  A master commissioner or special master who sells real property shall have the same power to administer oaths that is conferred upon sheriffs. A...
• Section 2329.36 - Deed Of Sheriff, Master.
  (A) The attorney who files the writ of execution shall, not later than seven days after the filing of the order of confirmation of...
• Section 2329.37 - Effect Of Deed.
  The deed provided for in section 2329.36 of the Revised Code shall be prima facie evidence of the legality and regularity of the sale....
• 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...
• Section 2329.39 - Place Of Sale.
  Sale of lands or tenements under execution or order of sale must be held in the county in which they are situated and at...
• 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,...
• 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,...
• Section 2329.43 - Deeds For Lands Sold May Be Made By A Sheriff's Successor.
  If the term of service of the officer who makes a sale of lands and tenements expires, or if he dies, is absent, or...
• Section 2329.44 - Excess Payable To Debtor - Notice To Debtor.
  (A) On a sale made pursuant to this chapter, if the officer who makes the sale receives from the sale more money than is...
• Section 2329.45 - Reversal Of Judgment.
  If a judgment in satisfaction of which lands, or tenements are sold, is reversed, such reversal shall not defeat or affect the title of...
• Section 2329.46 - Remedy Of Purchaser If Sale Invalid.
  Upon the sale of property on execution, if the title of the purchaser is invalid by reason of a defect in the proceedings, he...
• Section 2329.47 - Proceedings To Vacate Satisfaction Of Judgment.
  When a plaintiff in execution or his agent, in good faith, has ordered a levy of execution upon property not subject thereto, and which...
• Section 2329.48 - Relief Of Officer Who Levies Upon And Sells Wrong Property In Good Faith.
  When an officer to whom an execution issues on a judgment levies it in good faith upon property not subject to levy, sells it,...
• 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...
• Section 2329.50 - Supreme Court And Court Of Appeals Judgments.
  In all cases in which judgment is rendered in the court of appeals or supreme court and a special mandate is directed to the...
• Section 2329.51 - New Appraisement.
  When real estate taken on execution and appraised, advertised, and offered for sale is unsold for want of bidders, the court from which the...
• Section 2329.52 - New Appraisement - Sale Of Part - Terms Of Sale.
  When premises are ordered to be sold, if said premises, or a part thereof, remain unsold for want of bidders after having been once...
• Section 2329.53 - Return Day Of Writ Of Execution.
  The officer to whom a writ of execution is directed shall return such writ to the court to which it is returnable within sixty...
• 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...
• Section 2329.55 - [Repealed].
  Effective Date: 09-13-1955
• Section 2329.56 - Penalty For Neglecting To Serve As Appraiser.
  When a freeholder, summoned as an appraiser, fails to appear at the time and place appointed by the officers ordering his appearance and discharge...
• Section 2329.57 - Execution Issued To Another County May Be Returned By Mail.
  When execution is issued in a county and directed to the sheriff or coroner of another county, the sheriff or coroner having the execution,...
• 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...
• 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...
• 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...
• Section 2329.61 - Order Of Sale Issued In Case Not On Trial Docket.
  If an order of sale is issued in a case not on the trial docket, the clerk of the court of common pleas shall...
• Section 2329.62, 2329.621 - [Repealed].
  Effective Date: 09-28-1979
• Section 2329.63 - Beneficiary Funds Exempt.
  A beneficiary fund, not exceeding five thousand dollars, set apart, appropriated, or paid by a benevolent association or society, according to its rules, regulations,...
• 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...
• Section 2329.65 - Property Kept To Put Out Fires Exempt.
  Property used, or kept to be used, by a municipal corporation or fire company for the purpose of extinguishing fire is exempt from execution...
• Section 2329.66 - [See Notes For Adjustments For Inflation] Exempted Interests And Rights.
  (A) Every person who is domiciled in this state may hold property exempt from execution, garnishment, attachment, or sale to satisfy a judgment or...
• Section 2329.661 - Certain Claims Not Exempted.
  (A) Division (A)(1) of section 2329.66 of the Revised Code does not: (1) Extend to a judgment rendered on a mortgage executed, or security...
• Section 2329.662 - Federal Exemption Not Authorized.
  Pursuant to the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 U.S.C. 522(b)(1), this state specifically does not authorize debtors who are domiciled...
• Section 2329.67 - Exemption Not Subject To Payment Of Cost Of Proceedings To Collect Debt.
  The exempt personal earnings provided for in division (A)(13) of section 2329.66 of the Revised Code are not subject to the payment of the...
• Section 2329.68 - Appraisal Of Exempted Property.
  When it is necessary to ascertain the amount or value of personal property exempt under sections 2329.63 to 2329.71 of the Revised Code, it...
• Section 2329.69 - Exemptions Apply To All Courts.
  Sections 2329.63 to 2329.71 of the Revised Code, with respect to exemptions, apply to all courts in this state, and a person is entitled...
• Section 2329.70 - Application For Appointment Of Trustee.
  Any person upon whom a demand has been made in accordance with section 2716.02 of the Revised Code may apply to any judge of...
• Section 2329.71 - Participation By Secured Creditor In Trusteeship.
  Any creditor who holds a chattel mortgage or any other lien or encumbrance on the property of any applicant for trusteeship under section 2329.70...
• Section 2329.72 - Amended And Renumbered Rc 2329.661.
  Effective Date: 1979 HB674 09-28-1979
• Section 2329.73 To 2329.82 - [Repealed].
  Effective Date: 09-28-1979
• Section 2329.83 - Dower, Mansion House Rights Not Impaired.
  Sections 2327.01 and 2327.02 and Chapters 2329. and 2331. of the Revised Code do not impair the right of contingent or vested dower, the...
• Section 2329.84 - Goods Claimed By Third Parties.
  If, by virtue of a writ of execution issued from a court of record in this state, an officer levies it on goods and...
• Section 2329.85 - Trial Of Right Of Property.
  The jurors summoned under section 2329.84 of the Revised Code shall be sworn to try and determine the right of the claimant to the...
• Section 2329.86 - Finding Of Jury.
  If the jury summoned under section 2329.84 of the Revised Code finds that the right to the property, or a part of it, is...
• Section 2329.90 - Uniform Foreign Country Money Judgments Recognition Act Definitions.
  As used in sections 2329.90 to 2329.94 of the Revised Code: (A) "Foreign country" means a governmental unit other than the United States and...
• Section 2329.91 - Enforcement Of Foreign Country Judgment.
  (A) Except as provided in sections 2329.92 and 2329.93 of the Revised Code, any foreign country judgment that is final, conclusive, and enforceable where...
• Section 2329.92 - When Judgment Not Enforceable - Reciprocity.
  (A) A foreign country judgment shall not be recognized and enforced pursuant to section 2329.91 of the Revised Code if the judge determines that...
• Section 2329.93 - Stay Pending Appeal.
  A court of this state may stay proceedings under sections 2329.90 to 2329.94 of the Revised Code to recognize and enforce a foreign country...
• Section 2329.94 - Scope And Construction.
  (A) Sections 2329.90 to 2329.94 of the Revised Code do not prevent courts from recognizing judgments in situations not covered by those sections. (B)...

Last modified: October 10, 2016