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Section 2715.01 | Grounds of Attachment.

Effective: August 15, 1996 Latest Legislation: Senate Bill 155 – 121st General Assembly (A) An attachment against the property, other than personal earnings, of a defendant may be had in a civil action for the recovery of money, at or after its commencement, upon any one of the following grounds: (1) Excepting foreign corporations which […]

Section 2715.011 | Grounds of Attachment Definitions.

Effective: March 13, 1986 Latest Legislation: House Bill 442 – 116th General Assembly As used in this chapter: (A) “Probable cause to support the motion” means that it is likely that a plaintiff who files a motion for attachment pursuant to section 2715.03 of the Revised Code will obtain judgment against the defendant against whom […]

Section 2715.03 | Motion and Affidavit for Order of Attachment – Contents.

Effective: August 26, 1982 Latest Legislation: House Bill 254 – 114th General Assembly A plaintiff in an action for the recovery of money, upon or at any time after the commencement of the action, may apply to the court by written motion for the attachment of property, other than personal earnings, of the defendant. The […]

Section 2715.04 | Defendant May Request Hearing on Motion.

Effective: March 13, 1986 Latest Legislation: House Bill 442 – 116th General Assembly 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 in accordance with section 2715.043 of the Revised Code by delivering a written request for a hearing to […]

Section 2715.041 | Form for Notice of Filing Motion for Order of Attachment.

Effective: June 26, 2003 Latest Legislation: House Bill 95 – 125th General Assembly (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 with the clerk of the court a praecipe instructing the clerk to issue to the defendant against whom […]

Section 2715.042 | Issuing Order of Attachment Without Conducting Hearing.

Effective: March 13, 1986 Latest Legislation: House Bill 442 – 116th General Assembly (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 an order of attachment without conducting a hearing if it finds all of the following: (1) The notice, […]

Section 2715.043 | Hearing on Motion for Order of Attachment.

Effective: August 26, 1982 Latest Legislation: House Bill 254 – 114th General Assembly (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 the matter to be set for hearing within twenty days thereafter and the defendant shall be notified in […]

Section 2715.044 | Effective Date of Order of Attachment.

Effective: March 13, 1986 Latest Legislation: House Bill 442 – 116th General Assembly An order of attachment issued by a court shall not be effective until the plaintiff that filed the motion for attachment files with the court a bond to the defendant against whom the motion was filed, executed by the plaintiff’s surety, in […]

Section 2715.045 | Issuing Order of Attachment Without Notice or Hearing.

Effective: June 26, 2003 Latest Legislation: House Bill 95 – 125th General Assembly (A) Upon the filing of a motion for attachment, a court may issue an order of attachment without issuing notice to the defendant against whom the motion was filed and without conducting a hearing if the court finds that there is probable […]

Section 2715.05 | Order of Attachment.

Effective: March 13, 1986 Latest Legislation: House Bill 442 – 116th General Assembly (A) An order of attachment issued by the court shall be addressed and delivered to the levying officer, and shall require him, after the order has taken effect, to attach the lands, tenements, goods, chattels, stocks or interest in stocks, rights, credits, […]

Section 2715.06 | Two or More Attachments.

Effective: August 26, 1982 Latest Legislation: House Bill 254 – 114th General Assembly Orders of attachment may be issued to levying officers of different counties. Several of them, at the option of the plaintiff, may be issued at the same time or in succession. Only those which have been executed shall be taxed in the […]

Section 2715.07 | Return Day of Order.

Effective: August 26, 1982 Latest Legislation: House Bill 254 – 114th General Assembly The return day of the order of attachment shall be no later than twenty days after the order is issued.

Section 2715.08 | Order in Which Attachments Are Executed.

Effective: August 26, 1982 Latest Legislation: House Bill 254 – 114th General Assembly If there are several orders of attachment against the same defendant, they shall be executed in the order in which they were received by the levying officer.

Section 2715.09 | Manner of Executing Order of Attachment.

Effective: August 26, 1982 Latest Legislation: House Bill 254 – 114th General Assembly (A) The levying officer shall execute an order of attachment, after it has taken effect, without delay. He shall go to the place where the defendant’s property is, and he or his agent shall make a true inventory and appraisement of all […]

Section 2715.091 | Leaving Notice of Attachment and Copy of Order With Garnishee.

Effective: March 19, 1987 Latest Legislation: House Bill 159 – 116th General Assembly (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, states that he has good reason to believe, and does believe, that a person named in the affidavit […]

Section 2715.10 | Property May Be Delivered to Persons With Whom Found.

Effective: March 13, 1986 Latest Legislation: House Bill 442 – 116th General Assembly 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, upon the person’s executing a bond to the plaintiff, with sufficient surety, to the effect that the parties […]

Section 2715.12 | Effect of Service of Process Upon Public Officer.

Effective: August 26, 1982 Latest Legislation: House Bill 254 – 114th General Assembly The service of process of garnishment under this chapter upon the sheriff, coroner, clerk, constable, master commissioner, marshal of a municipal corporation, or other officer having in his possession any money, claim, or other property of the defendant, other than personal earnings, […]

Section 2715.13 | Garnishee to Answer and Be Examined.

Effective: August 26, 1982 Latest Legislation: House Bill 254 – 114th General Assembly 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 pleas of the county in which the garnishee resides, or, if he resides out of the state, before […]

Section 2715.14 | Clerk to Transmit Answer to Proper Court.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly 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 it to the clerk of the court in which the suit is pending, in the manner depositions are […]

Section 2715.15 | Admission of Indebtedness.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly 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 payment of it in whole or part to the plaintiff, and the garnishee fails to pay according to […]