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 by compliance with the law therefore are exempted from attachment as such, that the defendant or one of several defendants is a foreign corporation;
(2) That the defendant is not a resident of this state;
(3) That the defendant has absconded with the intent to defraud creditors;
(4) That the defendant has left the county of the defendant's residence to avoid the service of a summons;
(5) That the defendant so conceals self that a summons cannot be served upon the defendant;
(6) That the defendant is about to remove property, in whole or part, out of the jurisdiction of the court, with the intent to defraud creditors;
(7) That the defendant is about to convert property, in whole or part, into money, for the purpose of placing it beyond the reach of creditors;
(8) That the defendant has property or rights in action, which the defendant conceals;
(9) That the defendant has assigned, removed, disposed of, or is about to dispose of, property, in whole or part, with the intent to defraud creditors;
(10) That the defendant has fraudulently or criminally contracted the debt, or incurred the obligations for which suit is about to be or has been brought;
(11) That the claim is for work or labor.
(B) An attachment shall not be granted on the ground that the defendant is a foreign corporation or not a resident of this state for any claim, other than a debt or demand arising upon contract, judgment, or decree, or for causing damage to property or death or personal injury by negligent or wrongful act.
(C) An attachment against the personal earnings of a defendant may be granted only after a judgment has been obtained by the plaintiff and only through a proceeding for garnishment of personal earnings in accordance with Chapter 2716. of the Revised Code.
(D) An attachment against the property, other than personal earnings, of a defendant may be accomplished prior to the entry of judgment only pursuant to an attachment proceeding under this chapter.
An attachment against the property, other than personal earnings, of a defendant that is in the possession of another person, may be accomplished prior to the entry of judgment only pursuant to a garnishment proceeding under section 2715.091 of the Revised Code and related provisions of this chapter.
(E) An attachment against the property, other than personal earnings, of a defendant that is in the possession of another person, may be accomplished after judgment has been obtained only pursuant to a garnishment proceeding under Chapter 2716. of the Revised Code.
Structure Ohio Revised Code
Title 27 | Courts-General Provisions-Special Remedies
Section 2715.01 | Grounds of Attachment.
Section 2715.011 | Grounds of Attachment Definitions.
Section 2715.03 | Motion and Affidavit for Order of Attachment - Contents.
Section 2715.04 | Defendant May Request Hearing on Motion.
Section 2715.041 | Form for Notice of Filing Motion for Order of Attachment.
Section 2715.042 | Issuing Order of Attachment Without Conducting Hearing.
Section 2715.043 | Hearing on Motion for Order of Attachment.
Section 2715.044 | Effective Date of Order of Attachment.
Section 2715.045 | Issuing Order of Attachment Without Notice or Hearing.
Section 2715.05 | Order of Attachment.
Section 2715.06 | Two or More Attachments.
Section 2715.07 | Return Day of Order.
Section 2715.08 | Order in Which Attachments Are Executed.
Section 2715.09 | Manner of Executing Order of Attachment.
Section 2715.091 | Leaving Notice of Attachment and Copy of Order With Garnishee.
Section 2715.10 | Property May Be Delivered to Persons With Whom Found.
Section 2715.12 | Effect of Service of Process Upon Public Officer.
Section 2715.13 | Garnishee to Answer and Be Examined.
Section 2715.14 | Clerk to Transmit Answer to Proper Court.
Section 2715.15 | Admission of Indebtedness.
Section 2715.16 | Different Attachments May Be Made by the Same Officer.
Section 2715.17 | Subsequent Attachments.
Section 2715.18 | Form of Return.
Section 2715.19 | Property and Garnishee Bound.
Section 2715.20 | Receiver May Be Appointed.
Section 2715.21 | Powers and Duties of Receiver.
Section 2715.22 | Notice of Appointment of Receiver.
Section 2715.23 | Report of Receiver.
Section 2715.24 | Officer to Act as Receiver.
Section 2715.25 | Disposal of Attached Property.
Section 2715.26 | Discharge of Attachment by Bond - Deposit in Lieu of Bond.
Section 2715.27 | Claim for Causing Death or Injury.
Section 2715.28 | Bond May Be Executed in Vacation.
Section 2715.29 | Appearance and Answer of Garnishee.
Section 2715.30 | Garnishee May Pay Money Into Court.
Section 2715.31 | Attachment of Garnishee for Contempt.
Section 2715.32 | Disposition of Property in Hands of Garnishee.
Section 2715.33 | Action Against the Garnishee.
Section 2715.34 | Payment of Costs by Plaintiff.
Section 2715.35 | Judgment Against Garnishee.
Section 2715.36 | Judgment for Defendant.
Section 2715.37 | Proceedings After Judgment for Plaintiff.
Section 2715.38 | Court May Enforce the Delivery of Property.
Section 2715.39 | Repossession of Attached Property.
Section 2715.40 | Attached Property Claimed by a Third Person.
Section 2715.41 | Priority of Attachments.
Section 2715.42 | Proceedings Do Not End by Death of Defendant.
Section 2715.43 | Objection to Surety - Additional Security.
Section 2715.431 | Complaint Against Surety.
Section 2715.44 | Motion to Discharge Attachment.
Section 2715.45 | Evidence on Motion to Discharge.
Section 2715.46 | Appeal to Reverse, Vacate, or Modify Order of Attachment.
Section 2715.47 | Time in Which Appeal May Be Filed.
Section 2715.49 | Administrator or Executor May File Appeal.
Section 2715.50 | Grounds of Attachment Before Debt Is Due.
Section 2715.51 | Attachment to Be Granted by Court in Which Action Is Brought.
Section 2715.52 | Action to Be Dismissed if Attachment Refused.