Effective: March 30, 1999
Latest Legislation: Senate Bill 170 - 122nd General Assembly
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 a county court or judge of a municipal court within this state in whose jurisdiction the person resides or, if the person is not a resident of this state, in whose jurisdiction the person's place of employment is located for the appointment of a trustee to receive that portion of the personal earnings of the debtor that is not exempt from execution, garnishment, attachment, or proceedings in aid of execution and any additional sums that the debtor voluntarily pays or assigns to the trustee. The person shall file with the person's application a full, accurate, and complete statement, under oath, of the names of the person's secured and unsecured creditors with liquidated claims, their addresses, and the amount due to each of them. Upon that application and filing, the judge shall appoint a trustee to distribute the funds to the creditors of the debtor at the time of the application and filing.
If a debtor fails, through mistake or otherwise, to list a creditor, that creditor or debtor may apply to the court, with notice to the other party, to list the omitted creditor in the trusteeship. Any person who becomes a creditor after the appointment of a trustee may be listed in the trusteeship, and that creditor shall share in any distribution made by the trustee after the next ensuing distribution.
No proceedings in garnishment, attachment, or aid of execution or other action or proceeding to subject the personal earnings of the debtor to the payment of claims shall be brought or maintained by any creditor as long as at least the amount of the personal earnings of the debtor that is not exempt from execution, garnishment, attachment, or proceedings in aid of execution is paid to the trustee at regular intervals as fixed by the county court judge or the municipal court judge. This section does not prohibit creditors from recovering judgment against the debtor or prohibit levy, under a writ of attachment or execution, upon any other property that is not exempt from execution.
The maintaining of proceedings in garnishment, attachment, aid of execution, or otherwise in violation of this section is prohibited and may be prevented by a writ of prohibition in addition to all other remedies provided by law. The judge of the county court or municipal court shall provide by rule or otherwise for notice to creditors, the authentication and proof of claims, the time and manner of payment by the debtor, the distribution of funds, the bond of the trustee if required, and all other matters necessary or proper to carry into effect the jurisdiction conferred by this section.
The personal earnings of the debtor that are exempted by law shall not be liable to the plaintiff for the costs of any proceedings brought to recover a judgment for debt, damage, fine, or amercement or for the costs of any proceedings in garnishment, attachment, or aid of execution to satisfy that judgment, if the debtor has listed that creditor as to name, amount of that creditor's claim, and the amount due on that claim and makes payment as provided for in this section.
Upon an application for a trustee, a judge of the court in which the application is made shall designate the clerk of the court to act as trustee, and the clerk shall serve as trustee without additional compensation. The clerk's official bond shall be construed as conditioned upon the fulfillment of the trust, and no additional bond shall be required.
The trusteeship shall terminate upon the failure of the debtor to make the payments required by this section in accordance with the rules established by the county court or municipal court. The privileges conferred by this section that exempt that debtor's personal earnings from proceedings in garnishment, attachment, or aid of execution or any other action or proceeding to subject the personal earnings of that debtor to the payment of claims or judgments shall terminate upon that neglect.
If a trusteeship is dismissed for nonpayment as provided by this section, the trusteeship shall not be reinstated, and the debtor shall not be permitted to file for a new trusteeship for a period of six months from date of the dismissal of the trusteeship, unless, upon motion supported by affidavit, the debtor proves to the satisfaction of the court that the failure to maintain the trusteeship agreement was not due to willful neglect.
Structure Ohio Revised Code
Title 23 | Courts-Common Pleas
Chapter 2329 | Execution Against Property
Section 2329.01 | Property Subject to Levy and Sale.
Section 2329.02 | Judgment Lien - Certificate of Judgment - Filing - Transfer.
Section 2329.021 | Foreign Judgment Defined.
Section 2329.022 | Filing and Status of Foreign Judgments.
Section 2329.023 | Notice of Filing.
Section 2329.026 | Optional Procedure.
Section 2329.027 | Uniformity of Interpretation.
Section 2329.03 | Lien Without Filing of Certificate.
Section 2329.05 | Judgment of Supreme Court.
Section 2329.06 | Lien of a Judgment When Action Removed to Supreme Court.
Section 2329.07 | Judgment May Become Dormant.
Section 2329.071 | Property Unsold Twelve Months After Decree.
Section 2329.08 | Limitation of Enforcement of Deficiency Judgment - Waiver - Pending Actions.
Section 2329.09 | Writ of Execution.
Section 2329.091 | Levying Officer to Execute Writ of Execution.
Section 2329.10 | Preference Between Writs of Execution.
Section 2329.11 | Order in Which Officer to Make Levy.
Section 2329.12 | Bond for Delivery of Goods and Chattels.
Section 2329.13 | Notice of Sale of Goods on Execution - Setting Aside or Confirmation of Sale.
Section 2329.14 | Execution Against Unsold Goods.
Section 2329.15 | Public and Private Sale of Goods on Execution.
Section 2329.151 | Conduct of Judicial Sale.
Section 2329.152 | Authorization of Private Selling Officer.
Section 2329.153 | Official Public Sheriff Sale Web Site; Integrated Auction Management System.
Section 2329.154 | Online Registration.
Section 2329.16 | Another Levy Allowed.
Section 2329.17 | Lands to Be Appraised.
Section 2329.18 | Copy of Appraisement to Be Left With Clerk.
Section 2329.19 | Extent of Lien of Judgment.
Section 2329.191 | Preliminary Judicial Report by Petitioner.
Section 2329.192 | State Lienholder as Party Defendant in Judicial Sale; Proceeds of Sale.
Section 2329.20 | Land Not to Be Sold for Less Than Two Thirds of Appraised Value.
Section 2329.21 | Purchaser to Add Enough to Pay Costs in Certain Cases.
Section 2329.211 | Sale Deposit.
Section 2329.22 | Rule as to Sale of Lands by State.
Section 2329.23 | Notices of Sale of Lands.
Section 2329.24 | Name of Township in Certain Cases.
Section 2329.25 | Property to Be Sold Without Valuation.
Section 2329.26 | Notice of Date, Time and Place of Sale.
Section 2329.27 | Public Notice Requirements - Setting Aside or Confirmation of Sale.
Section 2329.271 | Identifying Information Submitted by Purchaser.
Section 2329.272 | Open House of Property Prior to Sale.
Section 2329.28 | The Return of the Writ and Record Thereof.
Section 2329.29 | Disposition of Money Made Without Sale of Real Estate.
Section 2329.30 | Failure of Purchaser to Pay.
Section 2329.31 | Confirmation and Order for Deed.
Section 2329.311 | Sale of Property With No Minimum Bid; Right to Redeem.
Section 2329.312 | Reports by Levying Officers.
Section 2329.32 | Officer May Retain Purchase Money Until Sale Confirmed.
Section 2329.33 | Redemption by Judgment Debtor.
Section 2329.34 | Conveyance by Commissioner.
Section 2329.35 | Sheriff May Act for Master Commissioner.
Section 2329.36 | Deed of Sheriff, Master.
Section 2329.37 | Effect of Deed.
Section 2329.38 | Printer's Fee.
Section 2329.39 | Place of Sale.
Section 2329.40 | Alias Execution.
Section 2329.41 | Separate Levies Directed on Separate Tracts.
Section 2329.42 | Two or More Executions to Same Officer.
Section 2329.43 | Deeds for Lands Sold May Be Made by a Sheriff's Successor.
Section 2329.44 | Excess Payable to Debtor; Notice to Debtor.
Section 2329.45 | Reversal of Judgment.
Section 2329.46 | Remedy of Purchaser if Sale Invalid.
Section 2329.47 | Proceedings to Vacate Satisfaction of Judgment.
Section 2329.48 | Relief of Officer Who Levies Upon and Sells Wrong Property in Good Faith.
Section 2329.49 | Remedy When One of Cosureties Pays for Such Property.
Section 2329.50 | Supreme Court and Court of Appeals Judgments.
Section 2329.51 | New Appraisement.
Section 2329.52 | New Appraisement - Sale of Part - Terms of Sale.
Section 2329.53 | Return Day of Writ of Execution.
Section 2329.54 | Entry of Judgment Against Principal and Surety.
Section 2329.56 | Penalty for Neglecting to Serve as Appraiser.
Section 2329.57 | Execution Issued to Another County May Be Returned by Mail.
Section 2329.58 | Money Not to Be Forwarded by Mail.
Section 2329.59 | Entries on Execution Docket.
Section 2329.60 | Index to Execution Docket.
Section 2329.61 | Order of Sale Issued in Case Not on Trial Docket.
Section 2329.63 | Beneficiary Funds Exempt.
Section 2329.64 | Certain Property of Benevolent Societies Exempt.
Section 2329.65 | Property Kept to Put Out Fires Exempt.
Section 2329.66 | Exempted Interests and Rights.
Section 2329.661 | Certain Claims Not Exempted.
Section 2329.662 | Federal Exemption Not Authorized.
Section 2329.67 | Exemption Not Subject to Payment of Cost of Proceedings to Collect Debt.
Section 2329.68 | Appraisal of Exempted Property.
Section 2329.69 | Exemptions Apply to All Courts.
Section 2329.70 | Application for Appointment of Trustee.
Section 2329.71 | Participation by Secured Creditor in Trusteeship.
Section 2329.83 | Dower, Mansion House Rights Not Impaired.
Section 2329.84 | Goods Claimed by Third Parties.
Section 2329.85 | Trial of Right to Goods and Chattels.
Section 2329.86 | Finding of Judge.
Section 2329.90 | Uniform Foreign Country Money Judgments Recognition Act Definitions.
Section 2329.91 | Enforcement of Foreign Country Judgment.
Section 2329.92 | When Judgment Not Enforceable - Reciprocity.