Sec. 2333.01. When a judgment debtor does not have | 8 |
sufficient personal or real property subject to levy on execution | 9 |
to satisfy the judgment, any equitable interest which hethe | 10 |
judgment debtor has in real estate as mortgagor, mortgagee, or | 11 |
otherwise, or any interest hethe judgment debtor has in a | 12 |
banking, turnpike, bridge, or other joint-stock company, or in a | 13 |
money contract, claim, or chose in action, due or to become due to | 14 |
himthe judgment debtor, or in a judgment or order, or money, | 15 |
goods, or effects which hethe judgment debtor has in the | 16 |
possession of any person or body politic or corporate, or in money | 17 |
due or that might become due to the judgment debtor under section | 18 |
5747.11 of the Revised Code, shall be subject to the payment of | 19 |
the judgment by action. | 20 |
Sec. 5747.124. A landlord who has obtained a judgment against | 21 |
a current or former tenant for breach of a residential rental | 22 |
agreement may bring an action against the state under section | 23 |
2333.01 of the Revised Code to recover a refund due or that might | 24 |
become due to the tenant under section 5747.11 of the Revised | 25 |
Code. Such a suit shall be brought only in the court of common | 26 |
pleas of Franklin county, which shall have jurisdiction. The | 27 |
rights of the landlord to the refund are subordinate to the | 28 |
state's right to apply the refund against the claims listed in | 29 |
sections 5747.12, 5747.121, 5747.122, and 5747.123 of the Revised | 30 |
Code. | 31 |
An order directing the tax commissioner to pay all or part of | 32 |
a tenant's refund to the landlord shall be a continuing order and | 33 |
remains effective until the earlier of four years after the date | 34 |
of the order or the date the judgment is satisfied. If an order | 35 |
has been issued and is effective, within three days after the | 36 |
judgment has been satisfied the landlord shall file a satisfaction | 37 |
of judgment with the clerk of courts and serve a time-stamped copy | 38 |
of the satisfaction of judgment upon the commissioner by certified | 39 |
mail. | 40 |