Effective: August 26, 1982
Latest Legislation: House Bill 254 - 114th General Assembly
(A) In any case in which a motion for attachment is filed, the defendant against whom the motion is filed may object to the surety of the plaintiff that filed the motion on the bond filed under section 2715.044 of the Revised Code, and the plaintiff may object to the surety of the defendant or another person on a bond filed under section 2715.26 or 2715.10 of the Revised Code, respectively. An objection against a surety under this division shall be made by filing with the court within ten days after the filing of the surety's bond an exception to the sufficiency of the surety. All objections to sureties are otherwise waived. When an exception to a surety is made, that surety shall show to the court that it is sufficient to fulfill the obligations of its bond. After an exception has been made, the levying officer may execute the order of attachment in accordance with section 2715.09 of the Revised Code, but shall not take any further action until the surety is found by the court to be sufficient or is replaced by sufficient surety.
(B) Before judgment, after reasonable notice to the plaintiff in an action in attachment, the defendant may move the court for additional security on his part. On such motion, if the court is satisfied that the surety in the plaintiff's bond has removed from the state or is not sufficient for its amount, it may vacate the order of attachment and direct restitution of property taken under it, unless, in a reasonable time, to be fixed by the court, the plaintiff gives sufficient security.
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.