Ohio Foreign Judgments Law


Judgments – Foreign Judgments – Ohio

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CHAPTER 2329: EXECUTION AGAINST PROPERTY
As used in sections 2329.021 [2329.02.1] to 2329.027 [2329.02.7] of the Revised Code, “foreign judgment” means any judgment, decree, or order of a court of the United States, or of any court of another state, that is entitled to full faith and credit in this state.

Filing of authenticated copy of foreign judgment; effect.
A copy of any foreign judgment authenticated in accordance with section 1738 of Title 28 of the United States Code, 62 Stat. 947 (1948), may be filed with the clerk of any court of common pleas. The clerk shall treat the foreign judgment in the same manner as a judgment of a court of common pleas. A foreign judgment filed pursuant to this section has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of a court of common pleas and may be enforced or satisfied in same manner as a judgment of a court of common pleas.  [§ 2329.02.2] § 2329.022

Filing of affidavit and praecipe; notice to debtor.

(A) When a foreign judgment is filed pursuant to section 2329.022 [2329.02.2] of the Revised Code, the judgment creditor or his attorney shall make and file with the clerk of the court in which the foreign judgment is filed an affidavit setting forth the name and last known address of the judgment debtor and of the judgment creditor.
(B) Upon the filing of a foreign judgment pursuant to section 2329.022 [2329.02.2] of the Revised Code and the affidavit pursuant to division (A) of this section, the judgment creditor or his attorney shall file with the clerk of the court a praecipe instructing the clerk to issue a notice of the filing of the foreign judgment to the judgment debtor at the address given in the affidavit. The clerk shall enter a note of the mailing in the docket. The notice shall include the name and address of the judgment creditor, and of the judgment creditor’s attorney, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the foreign judgment to the judgment debtor and may file proof of mailing with the clerk. The failure of the clerk to mail to the judgment debtor notice of the filing of the foreign judgment does not affect the enforcement proceedings with respect to the foreign judgment, if the judgment creditor has filed proof that he mailed a notice of the filing to the judgment debtor.
(C) No execution or other process for enforcement of a foreign judgment that is filed pursuant to section 2329.022 [2329.02.2] of the Revised Code shall issue until thirty days after the date the foreign judgment is filed pursuant to that section.  [§ 2329.02.3] § 2329.023

Stay of enforcement.

(A) If the judgment debtor shows the court of common pleas that an appeal is pending or will be taken from a foreign judgment that is filed pursuant to section 2329.022 [2329.02.2] of the Revised Code, or that a stay of execution of the foreign judgment has been granted and if proof is given to the court that the judgment debtor has furnished the security for the satisfaction of the foreign judgment that is required by the jurisdiction in which the foreign judgment was rendered, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated.
(B) If the judgment debtor shows the court of common pleas any ground upon which enforcement of a judgment of a court of common pleas would be stayed, the court shall, upon requiring the same security for satisfaction of the judgment that is required in this state, stay enforcement of a foreign judgment that is filed pursuant to section 2329.022 [2329.02.2] of the Revised Code for an appropriate period.  [§ 2329.02.4] §2329.024

Fees.
Any person who files a foreign judgment pursuant to section 2329.022 [2329.02.2] of the Revised Code shall pay a filing fee of fifteen dollars. Fees for docketing, transcription, or other enforcement proceedings shall be as provided in section 2303.20 of the Revised Code.  [§ 2329.02.5] § 2329.025

Other rights not affected.
Sections 2329.021 [2329.02.1] to 2329.027 [2329.02.7] of the Revised Code do not affect the right of a judgment creditor to bring an action to enforce a foreign judgment rather than to enforce the judgment pursuant to those sections.  [§ 2329.02.6] § 2329.026

Construction of provisions.
Sections 2329.021 [2329.02.1] to 2329.027 [2329.02.7] of the Revised Code shall be construed to effectuate the general purpose to make uniform the law of those states that enact a uniform enforcement of foreign judgments act.  [§ 2329.02.7] § 2329.027

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