Ohio Revised Code Chapter 2715 - Attachment

• Section 2715.01 - Grounds Of Attachment.
  (A) An attachment against the property, other than personal earnings, of a defendant may be had in a civil action for the recovery of...
• Section 2715.011 - Grounds Of Attachment Definitions.
  As used in this chapter: (A) "Probable cause to support the motion" means that it is likely that a plaintiff who files a motion...
• Section 2715.02 - Amended And Renumbered Rc 2716.02.
  Effective Date: 1982 HB254 08-26-1982
• Section 2715.03 - Motion And Affidavit For Order Of Attachment - Contents.
  A plaintiff in an action for the recovery of money, upon or at any time after the commencement of the action, may apply to...
• Section 2715.04 - Defendant May Request Hearing On Motion.
  A defendant against whom a motion for attachment is filed under section 2715.03 of the Revised Code may receive a hearing on the motion...
• Section 2715.041 - Form For Notice Of Filing Motion For Order Of Attachment.
  (A) Upon the filing of a motion for an order of attachment pursuant to section 2715.03 of the Revised Code, the plaintiff shall file...
• Section 2715.042 - Issuing Order Of Attachment Without Conducting Hearing.
  (A) If a motion for an order of attachment has been filed pursuant to section 2715.03 of the Revised Code, the court may issue...
• Section 2715.043 - Hearing On Motion For Order Of Attachment.
  (A) Upon the filing of the motion for an order of attachment pursuant to section 2715.03 of the Revised Code, the court shall cause...
• Section 2715.044 - Effective Date Of Order Of Attachment.
  An order of attachment issued by a court shall not be effective until the plaintiff that filed the motion for attachment files with the...
• Section 2715.045 - Issuing Order Of Attachment Without Notice Or Hearing.
  (A) Upon the filing of a motion for attachment, a court may issue an order of attachment without issuing notice to the defendant against...
• Section 2715.05 - Order Of Attachment.
  (A) An order of attachment issued by the court shall be addressed and delivered to the levying officer, and shall require him, after the...
• Section 2715.06 - Two Or More Attachments.
  Orders of attachment may be issued to the levying officers of different counties. Several of them, at the option of the plaintiff, may be...
• Section 2715.07 - Return Day Of Order.
  The return day of the order of attachment shall be no later than twenty days after the order is issued. Effective Date: 08-26-1982
• Section 2715.08 - Order In Which Attachments Are Executed.
  If there are several orders of attachment against the same defendant, they shall be executed in the order in which they were received by...
• Section 2715.09 - Manner Of Executing Order Of Attachment.
  (A) The levying officer shall execute an order of attachment, after it has taken effect, without delay. He shall go to the place where...
• Section 2715.091 - Leaving Notice Of Attachment And Copy Of Order With Garnishee.
  (A) When the plaintiff, his agent, or attorney, in the affidavit accompanying a motion for attachment filed under section 2715.03 of the Revised Code,...
• Section 2715.10 - Property May Be Delivered To Persons With Whom Found.
  The levying officer shall deliver the property attached under section 2715.09 of the Revised Code to the person in whose possession it was found,...
• Section 2715.11 - Amended And Renumbered Rc 2716.03.
  Effective Date: 1982 HB254 08-26-1982
• Section 2715.111, 2715.112 - Amended And Renumbered Rc 2716.04, 2716.05.
  Effective Date: 1982 HB254 08-26-1982
• Section 2715.12 - Effect Of Service Of Process Upon Public Officer.
  The service of process of garnishment under this chapter upon the sheriff, coroner, clerk, constable, master commissioner, marshal of a municipal corporation, or other...
• Section 2715.13 - Garnishee To Answer And Be Examined.
  The answer of the garnishee required by section 2715.091 of the Revised Code shall be made before the clerk of the court of common...
• Section 2715.14 - Clerk To Transmit Answer To Proper Court.
  The clerk of the court of common pleas before whom the answer mentioned in section 2715.13 of the Revised Code is made shall transmit...
• Section 2715.15 - Admission Of Indebtedness.
  If in his answer under section 2715.13 of the Revised Code the garnishee admits an indebtedness to the defendant, and the court orders the...
• Section 2715.16 - Different Attachments May Be Made By The Same Officer.
  Different attachments of the same property may be made by the same officer; but one inventory and appraisement are sufficient, and it is not...
• Section 2715.17 - Subsequent Attachments.
  When property is under attachment, attachments thereon under subsequent orders of attachment must be as follows: (A) If it is real property, it shall...
• Section 2715.18 - Form Of Return.
  The levying officer shall return upon every order of attachment what he has done under it. The return shall show the property attached and...
• Section 2715.19 - Property And Garnishee Bound.
  An order of attachment shall bind the property attached from the time of service. A garnishee under this chapter shall be liable to the...
• Section 2715.20 - Receiver May Be Appointed.
  On application of the plaintiff, and for good cause shown, the court, may appoint a receiver, who shall take an oath and give a...
• Section 2715.21 - Powers And Duties Of Receiver.
  (A) The receiver appointed under section 2715.20 of the Revised Code shall take possession of all notes, due bills, books of account, accounts, and...
• Section 2715.22 - Notice Of Appointment Of Receiver.
  The receiver appointed under section 2715.20 of the Revised Code forthwith shall give written or printed notice of his appointment to the persons indebted...
• Section 2715.23 - Report Of Receiver.
  When required, the receiver appointed under section 2715.20 of the Revised Code shall report his proceedings to the court, and hold all money collected...
• Section 2715.24 - Officer To Act As Receiver.
  When a receiver is not appointed as provided in section 2715.20 of the Revised Code, the levying officer who attaches the property shall have...
• 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...
• Section 2715.26 - Discharge Of Attachment By Bond - Deposit In Lieu Of Bond.
  If the defendant, or other person on his behalf, before judgment, executes a bond to the plaintiff, with sufficient surety resident in the county...
• Section 2715.27 - Claim For Causing Death Or Injury.
  When the plaintiff's claim is for causing death or personal injury by a negligent or wrongful act, the bond required by section 2715.26 of...
• Section 2715.28 - Bond May Be Executed In Vacation.
  The bond mentioned in sections 2715.26 and 2715.27 of the Revised Code, in vacation, may be executed in the presence of the officer having...
• Section 2715.29 - Appearance And Answer Of Garnishee.
  After the written notice is issued to a garnishee as provided in section 2715.091 of the Revised Code, the garnishee shall appear and answer...
• Section 2715.30 - Garnishee May Pay Money Into Court.
  A garnishee under this chapter shall deliver the property in his hands or pay the money other than personal earnings owing by him to...
• 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...
• Section 2715.32 - Disposition Of Property In Hands Of Garnishee.
  If a garnishee under this chapter appears and answers, as required by section 2715.29 of the Revised Code, and on his examination it is...
• Section 2715.33 - Action Against The Garnishee.
  If the garnishee fails to appear and answer as required by section 2715.29 of the Revised Code, or if he appears and answers and...
• 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...
• Section 2715.35 - Judgment Against Garnishee.
  Final judgment shall not be rendered against a garnishee under section 2715.091 of the Revised Code until the action against the defendant in attachment...
• 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...
• Section 2715.37 - Proceedings After Judgment For Plaintiff.
  If judgment is rendered for the plaintiff in an action in attachment, it shall be satisfied as follows: So much of the property in...
• Section 2715.38 - Court May Enforce The Delivery Of Property.
  The court may compel the delivery to the levying officer, for sale, of any attached property for which a bond has been given, and...
• 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...
• 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...
• Section 2715.41 - Priority Of Attachments.
  When several attachments are executed on the same property, or the same person is made a garnishee by several parties, on the motion of...
• Section 2715.42 - Proceedings Do Not End By Death Of Defendant.
  From the time an order of attachment is issued, the court shall have jurisdiction and control of all subsequent proceedings under sections 2715.01 to...
• Section 2715.43 - Objection To Surety - Additional Security.
  (A) In any case in which a motion for attachment is filed, the defendant against whom the motion is filed may object to the...
• 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...
• 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...
• 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,...
• 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...
• Section 2715.47 - Time In Which Appeal May Be Filed.
  When an order discharging an order of attachment is made, and a party affected thereby excepts thereto, the court or judge shall fix the...
• Section 2715.48 - Bond.
  The party who appeals under section 2715.47 of the Revised Code must give a bond to the adverse party, with surety to be approved...
• Section 2715.49 - Administrator Or Executor May File Appeal.
  If a party who excepts to an order discharging or refusing to discharge an order of attachment dies within the time limited for filing...
• Section 2715.50 - Grounds Of Attachment Before Debt Is Due.
  A creditor may bring an action on his claim before it is due and have an attachment against the property of the debtor when...
• Section 2715.51 - Attachment To Be Granted By Court In Which Action Is Brought.
  The attachment provided for in section 2715.50 of the Revised Code may be granted, pursuant and subject to sections 2715.01 to 2715.49 of the...
• Section 2715.52 - Action To Be Dismissed If Attachment Refused.
  If the court or judge refuses to grant an order of attachment under section 2715.50 of the Revised Code, the action shall be dismissed,...
• Section 2715.53 To 2715.56 - [Repealed].
  Effective Date: 08-26-1982

Last modified: October 10, 2016