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 has property of the defendant other than personal earnings in his possession, and the levying officer attempts to get possession of such property but cannot do so, he shall leave with the person a copy of the order of attachment, with a written notice that he appear in court and answer, as provided in section 2715.29 of the Revised Code. The person is the garnishee and the proceeding in relation to the garnishee is a garnishment proceeding. Any court of common pleas that issues an order of attachment has jurisdiction to serve process pursuant to this section upon a garnishee who does not reside within the jurisdiction of the court. Any county court or municipal court that issues an order of attachment has jurisdiction to serve process pursuant to this section upon a garnishee who resides in any county that is contiguous to that in which the court is located. When the garnishee does not reside within the jurisdiction of the court that issued the order, the process may be served by the proper officer of the county in which the garnishee resides, or may be personally served.
If the garnishee is an individual, a copy of the order and notice shall be served upon him personally, or left at his usual place of residence. When a partnership is garnisheed by its company name, a copy of the order and notice shall be left at its usual place of doing business, or with a member of such partnership. If the garnishee is a corporation, a copy of the order and notice shall be left with an officer or a managing or general agent of the corporation. If such corporation is a railroad company, a copy of the order and notice may be left with a regular ticket or freight agent thereof, in any county in which the railroad is located.
(B) This section applies only to property of a defendant other than personal earnings and only prior to the entry of judgment against a defendant. Garnishment of personal earnings may be granted only after a judgment has been obtained by the plaintiff, and only pursuant to Chapter 2716. of the Revised Code. Garnishment of property other than personal earnings of a person against whom judgment has been entered may be granted only pursuant to 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.