Ohio § 2329.091

§ 2329.091.

(A) When a judgment creditor files a praecipe for a writ of execution with a clerk of

a common pleas court pursuant to section 2303.11 of the Revised Code , or with a clerk of a municipal court pursuant to section 1901.23 of the Revised Code , or with a clerk of the county court pursuant to section 1907.47 of the Revised Code , the clerk shall issue a writ of execution to the levying officer and cause a notice

and a hearing request form to be served upon the judgment debtor.  The court, in accordance with division (E) of this section, shall appoint a levying

officer who shall immediately and simultaneously execute the writ of execution and

serve the notice and the hearing request form upon the judgment debtor.  If the levying officer is unable to obtain personal service upon the judgment debtor,

the levying officer shall serve the notice and hearing request form upon the judgment

debtor by both certified mail and regular mail at the judgment debtor's last known

address. (B)(1) The notice to the judgment debtor shall be in substantially the following form: “(Name and Address of Court) (Case Caption) __________ Case No. __________ NOTICE TO THE JUDGMENT DEBTOR You are hereby notified that this court has issued a writ of execution in the above

case in favor of (name and address of judgment creditor), the judgment creditor in

this proceeding, directing that some or all of your property be sold according to

law and the proceeds of the sale be delivered to the clerk of this court to be used

to satisfy all or part of your debt to the judgment creditor.  This writ of execution was issued on the basis of the judgment creditor's judgment

against you that was obtained in (name of court) in (case number) on (date). The laws of Ohio and the United States provide that certain property cannot be taken

from you to pay a debt.  The law exempts from execution your interest in or right to specified property as

described in Ohio Revised Code section 2329.66(A) .  The substance of this statutory provision is attached to this notice. If you believe that some or all of your property is exempt from execution, you may

request a hearing before this court by filling out the enclosed form for requesting

a hearing, or a substantially similar form, and delivering the request for hearing

to the office of the clerk of this court no later than the end of the fifth business

day after you receive this notice.  In the space provided on the form, you may state your reason for claiming that some

of your property is exempt from execution, but you are not required to do so.  If you do not state reasons on the form, the court will permit you to state your

reasons at the hearing.  If you do state reasons on the form, you may also state other reasons at the hearing. If you request a hearing by delivering your request for hearing no later than the

end of the fifth business day after you receive this notice, the hearing will be conducted

no later than twelve days after the court receives your request, unless you request

an earlier hearing due to an emergency, in which case the court will schedule the

hearing as soon as practicable.  At the hearing, the court will consider the amount of your property that is exempt

from execution and the amount that can be used to satisfy all or part of the judgment

you owe to the judgment creditor.  The court will not hear or consider any objections to the judgment itself at the

hearing. If you do not request a hearing by delivering your request prior to the end of the

fifth business day after you receive this notice, you give up your right to a hearing

and to assert reasons why some or all of your property should not be used for payment

of your debt to the judgment creditor. If you have any questions concerning this matter, you may contact the office of the

clerk of this court.  If you want legal representation, you should contact your lawyer immediately.  If you need the name of a lawyer, contact the local bar association or your local

legal aid or legal services office. Clerk of the Court Date” (2) The notice that is served upon the judgment debtor shall, securely and prominently,

have attached to it a document setting forth the substance of division (A) of section 2329.66 of the Revised Code . (C) The hearing request form that is served upon the judgment debtor shall have attached

to it a postage-paid, self-addressed envelope or shall be on a postage-paid self-addressed

postcard, and shall be in substantially the following form: “(Name and Address of Court) Case Number __________ Date __________ REQUEST FOR HEARING I believe that some or all of my property may be exempt from execution in the above

case and request that a hearing be held no later than twelve days after the delivery

of this request to the court. OPTIONAL I request that a hearing be held as soon as possible due to emergency circumstances

as follows: I believe that some or all of my property may be exempt from execution for the following

reasons: (Optional) (Name of Judgment Debtor) (Address of Judgment Debtor) (Telephone Number of Judgment Debtor) (Signature of Judgment Debtor) (Date) WARNING:  IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A REQUEST IN A SUBSTANTIALLY

SIMILAR FORM TO THE OFFICE OF THE CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS

OF YOUR RECEIPT OF IT, YOU WAIVE YOUR RIGHT TO A HEARING, AND SOME OR ALL OF YOUR

PROPERTY WILL BE USED TO SATISFY ALL OR PART OF YOUR DEBT TO (JUDGMENT CREDITOR'S

NAME).” (D) A judgment debtor shall receive a hearing in accordance with this division if he

delivers a written request for a hearing to the clerk of the court within five business

days after receipt of the notice required under division (A) of this section.  The judgment debtor may set forth on the request its reasons for believing that

some or all of its property is exempt from execution, but neither its inclusion of

reasons on the request nor its failure to include reasons constitutes a waiver of

any defense or affects its right to produce evidence at any hearing. If the judgment debtor makes the request within the prescribed time, the court shall

schedule a hearing no later than twelve days after the court receives the request,

unless the judgment debtor advises the court that an emergency hearing is necessary,

in which case the court shall schedule the hearing as soon as practicable after the

request is made.  The clerk of court shall send notice of the date, time, and place of the hearing

to the parties in accordance with division (G) of this section.  The hearing shall be limited to a consideration of the amount of the property of

the judgment debtor that can be executed upon to satisfy all or part of the debt owed

to the judgment creditor. If the judgment debtor does not request a hearing within the prescribed time, the

court may grant a hearing if, prior to the sale of the property by the levying officer,

the judgment debtor establishes a reasonable justification for its failure to request

the hearing within the prescribed time. (E) The court shall appoint a levying officer to immediately and simultaneously execute

the writ of execution and serve the notice and the hearing request form required by

division (A) of this section upon the judgment debtor.  The levying officer shall be the bailiff, a deputy bailiff, or an ex officio deputy

bailiff of the court as specified in Chapter 1901. of the Revised Code or another

chapter of the Revised Code, or the sheriff of the appropriate county.  Notwithstanding any contrary provision of the Revised Code, if the bailiff, deputy

bailiff, ex officio deputy bailiff, or sheriff is not able to perform the duties of

the levying officer in accordance with this section, the court, upon application by

the judgment creditor, shall appoint a disinterested person to serve as the levying

officer.  The disinterested person shall post a bond with the clerk of the court in an amount

set by the court to ensure the faithful performance of his duties. (F) If the nature of the property executed upon precludes the levying officer from taking

immediate physical possession of the property, the court, upon application by the

judgment creditor or the levying officer, shall appoint a custodian of the property

until the levying officer is able to take physical possession of the property.  If the person appointed as custodian converts the property, fails to conserve it,

or places it beyond the reach of the levying officer, the custodian shall be subject

to a citation for contempt. (G) The clerk of the court shall send any notice of hearing to the parties by regular

mail or otherwise in accordance with Rule 5 of the Rules of Civil Procedure . (H) If a hearing is conducted, the court shall determine what portion, if any, of the

property of the judgment debtor is exempt under section 2329.66 of the Revised Code and shall issue an order to the levying officer setting forth that determination

and ordering the levying officer to sell the nonexempt property according to law. (I) If it is necessary to ascertain the amount or value of the judgment debtor's personal

property that is exempt under section 2329.66 of the Revised Code , it shall be estimated and appraised in accordance with section 2329.68 of the Revised Code .