Ohio § 2715.041

§ 2715.041.

(A) Upon the filing of a motion for an order of attachment pursuant to section 2715.03 of the Revised Code , the plaintiff shall file with the clerk of the court a praecipe instructing the

clerk to issue to the defendant against whom the motion was filed a notice of the

proceeding.  Upon receipt of the praecipe, the clerk shall issue the notice which shall be in

substantially the following form: “(Name and Address of Court) Case No. ________________________________________ (Case Caption) NOTICE You are hereby notified that (name and address of plaintiff), the plaintiff in this

proceeding, has applied to this court for the attachment of property in your possession.  The basis for this application is indicated in the documents that are enclosed with

this notice. The law of Ohio and the United States provides that certain benefit payments cannot

be taken from you to pay a debt.  Typical among the benefits that cannot be attached or executed on by a creditor

are: (1) Workers' compensation benefits; (2) Unemployment compensation payments; (3) Cash assistance payments under the Ohio works first program; (4) Benefits and services under the prevention, retention, and contingency program; (5) Disability financial assistance administered by the Ohio department of job and family

services; (6) Social security benefits; (7) Supplemental security income (S.S.I.); (8) Veteran's benefits; (9) Black lung benefits; (10) Certain pensions. Additionally, your wages never can be taken to pay a debt until a judgment has been

obtained against you.  There may be other benefits not included in this list that apply in your case. If you dispute the plaintiff's claim and believe that you are entitled to retain possession

of the property because it is exempt or for any other reason, you may request a hearing

before this court by disputing the claim in the request for hearing form appearing

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

to this court, at the office of the clerk of this court, not later than the end of

the fifth business day after you receive this notice.  You may state your reasons for disputing the claim in the space provided on the

form, but you are not required to do so.  If you do state your reasons for disputing the claim in the space provided on the

form, you are not prohibited from stating any other reasons at the hearing, and if

you do not state your reasons, it will not be held against you by the court and you

can state your reasons at the hearing. If you request a hearing, it will be conducted in ____________________ courtroom __________, (address of court), at __________m. on _______________, _____. You may avoid having a hearing but retain possession of the property until the entry

of final judgment in the action by filing with the court, at the office of the clerk

of this court, not later than the end of the fifth business day after you receive

this notice, a bond executed by an acceptable surety in the amount of $__________. If you do not request a hearing or file a bond on or before the end of the fifth business

day after you receive this notice, the court, without further notice to you, may order

a law enforcement officer or bailiff to take possession of the property.  Notice of the dates, times, places, and purposes of any subsequent hearings and

of the date, time, and place of the trial of the action will be sent to you. _________________________________________________ Clerk of Court Date: __________________________________________” (B) Along with the notice required by division (A) of this section, the clerk of the

court also shall deliver to the defendant, in accordance with division (C) of this

section, a request for hearing form together with a postage-paid, self-addressed envelope

or a request for hearing form on a postage-paid, self-addressed postcard.  The request for hearing shall be in substantially the following form: “(Name and Address of Court) Case Number _______________________________________ Date ___________________________________________ REQUEST FOR HEARING I dispute the claim for the attachment of property in the above case and request that

a hearing in this matter be held at the time and place set forth in the notice that

I previously received. I dispute the claim for the following reasons: (Optional) _________________________________________________ (Name of Defendant) _________________________________________________ (Signature) _________________________________________________ (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 AT THIS TIME AND YOU MAY

BE REQUIRED TO GIVE UP THE PROPERTY SOUGHT WITHOUT A HEARING.” (C) The notice required by division (A) of this section shall be served on the defendant

in duplicate not less than seven business days prior to the date on which the hearing

is scheduled, together with a copy of the complaint and summons, if not previously

served, and a copy of the motion for the attachment of property and the affidavit

attached to the motion, in the same manner as provided in the Rules of Civil Procedure

for the service of process.  Service may be effected by publication as provided in the Rules of Civil Procedure

except that the number of weeks for publication may be reduced by the court to the

extent appropriate.