Ohio § 1706.342
Full text of Ohio Ohio Revised Code § 1706.342, with citation guidance and answers to common questions.
§ 1706.342.
(A) On application to a court of competent jurisdiction by any judgment creditor of a
member or assignee, the court may charge the membership interest of the judgment debtor
with payment of the unsatisfied amount of the judgment with interest. To the extent so charged and after the limited liability company has been served
with the charging order, the judgment creditor has only the right to receive any distribution
or distributions to which the judgment debtor would otherwise be entitled in respect
of the membership interest. (B) After the limited liability company is served with a charging order, the limited
liability company or any member shall be entitled to pay to or deposit with the clerk
of the court so issuing the charging order any distribution or distributions to which
the judgment debtor would otherwise be entitled in respect of the charged membership
interest, and the payment or deposit shall discharge the limited liability company
and the judgment debtor from liability for the amount so paid or deposited and any
interest that might accrue thereon. Upon receipt of the payment or deposit, the clerk of the court shall notify the
judgment creditor of the receipt of the payment or deposit. The judgment creditor shall, after any payment or deposit into the court, petition
the court for payment of so much of the amount paid or deposited as may be necessary
to pay the judgment creditor's judgment. To the extent the court has excess amounts paid or deposited on hand after the payment
to the judgment creditor, the excess amounts paid or deposited shall be distributed
to the judgment debtor, and the charging order shall be extinguished. The court may, in its discretion, order the clerk to deposit, pending the judgment
creditor's petition, any money paid or deposited with the clerk, in an interest bearing
account at a bank authorized to receive deposits of public funds. (C) A charging order constitutes a lien on the judgment debtor's membership interest. (D) Subject to division (C) of this section, both of the following apply: (1) A judgment debtor that is a member retains the rights of a member and remains subject
to all duties and obligations of a member. (2) A judgment debtor that is an assignee retains the rights of an assignee and remains
subject to all duties and obligations of an assignee. (E) This chapter does not deprive any member or assignee of the benefit of any exemption
laws applicable to the member's or assignee's membership interest. (F) This section provides the sole and exclusive remedy by which a judgment creditor
of a member or assignee may satisfy a judgment out of the judgment debtor's membership
interest, and the judgment creditor shall have no right to foreclose, under this chapter
or any other law, upon the charging order, the charging order lien, or the judgment
debtor's membership interest. A judgment creditor of a member or assignee has no right to obtain possession of,
or otherwise exercise legal or equitable remedies with respect to, the judgment debtor's
membership interest or the property of a limited liability company. Court orders for actions or requests for accounts and inquiries that the judgment
debtor might have made to the limited liability company are not available to a judgment
creditor attempting to satisfy the judgment out of the judgment debtor's membership
interest and may not be ordered by a court.
Frequently Asked Questions About Ohio § 1706.342
What does Ohio Revised Code § 1706.342 cover?
Section 1706.342 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 1706.342?
A common citation format is "Ohio Revised Code § 1706.342" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 1706.342 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.