Bill Text: OH SB23 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To enable a judgment creditor landlord to obtain a court order directing the Tax Commissioner to pay the judgment debtor tenant's income tax refund to the landlord.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2009-02-10 - To Judiciary Civil Justice [SB23 Detail]

Download: Ohio-2009-SB23-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 23

Senator Schaffer 

Cosponsors: Senators Gibbs, Buehrer, Schuler 

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A BILL

To amend section 2333.01 and to enact section

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5747.124 of the Revised Code to enable a judgment

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creditor landlord to obtain a court order

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directing the Tax Commissioner to pay the judgment

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debtor tenant's income tax refund to the landlord.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 2333.01 be amended and section	6
5747.124 of the Revised Code be enacted to read as follows:	7

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

As used in this section, "landlord" and "tenant" have the	41
same meanings as in section 5321.01 of the Revised Code.	42

Section 2. That existing section 2333.01 of the Revised Code	43
is hereby repealed.	44

Section 3. That the amendment or enactment by this act of	45
sections 2333.01 and 5747.124 of the Revised Code applies to	46
refunds issued on or after January 1, 2010.	47