As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 294 5
1999-2000 6
REPRESENTATIVES WILLAMOWSKI-DePIERO-GRENDELL-HOLLISTER-KREBS- 8
PRINGLE-TAYLOR-TERWILLEGER-BARRETT 9
_________________________________________________________________ 11
A B I L L
To amend sections 2335.19 and 2335.24 of the Revised 13
Code relative to the collection of amounts due 14
under judgments for court costs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 15
Section 1. That sections 2335.19 and 2335.24 of the 17
Revised Code be amended to read as follows: 18
Sec. 2335.19. (A) On the rendition of judgment, in any 27
cause, the costs of the party recovering, together with his THE 29
PARTY'S debt or damages, shall be carried into his THE PARTY'S 30
judgment, and the costs of the party against whom such THAT 31
judgment is rendered shall be separately stated in the record or 33
docket entry. No party in whose favor judgment for costs is 34
rendered in a cause, may release, satisfy, or discharge, in 36
whole, or in part, any of such THOSE costs, unless they have been 37
THAT PARTY previously HAS paid by him THOSE COSTS to the clerk of 38
the court, or UNLESS THOSE COSTS have been paid to the person 41
entitled thereto, TO THOSE COSTS or have been legally assigned or 42
transferred to such THAT party by the persons in whose names such 43
THOSE costs stand taxed upon the record or docket. 45
(B) AN ENTRY OF JUDGMENT THAT INCLUDES A GRANT OF JUDGMENT 48
FOR COSTS IS AN ORDER THAT AUTHORIZES THE CLERK OF THE COURT, IN 49
ACCORDANCE WITH DIVISION (C) OF THIS SECTION, TO ISSUE A 50
CERTIFICATE OF JUDGMENT FOR COSTS AGAINST THE PERSON WHO IS 51
LIABLE FOR THE PAYMENT OF THOSE COSTS. 52
(C) THE CLERK OF A COURT WHO WISHES TO ISSUE A CERTIFICATE 55
2
OF JUDGMENT FOR COSTS PURSUANT TO A JUDGMENT FOR COSTS SHALL 56
PROVIDE AN ITEMIZED BILL OF FEES AND COSTS TO THE PERSON WHO IS 57
LIABLE FOR COSTS UNDER THE JUDGMENT, EITHER UPON THE REQUEST OF 58
THE PERSON AS SPECIFIED IN SECTION 2335.32 OF THE REVISED CODE OR 60
WITHOUT A REQUEST. IF THE PERSON DOES NOT PAY THE FEES AND COSTS 61
WITHIN THIRTY DAYS AFTER THE CLERK PROVIDES THE ITEMIZED BILL, 62
THE CLERK SHALL SEND THE PERSON A NOTICE REQUESTING PAYMENT OF 63
THE FEES AND COSTS AS STATED IN THE ITEMIZED BILL. IF THE PERSON 64
DOES NOT RESPOND TO THE NOTICE WITH THE FULL PAYMENT OF THE FEES 65
AND COSTS WITHIN THIRTY DAYS, THE CLERK SHALL SEND THE PERSON A 67
SECOND NOTICE REQUESTING PAYMENT OF THE FEES AND COSTS. IF 68
NINETY DAYS ELAPSES FROM THE DATE THAT THE CLERK PROVIDES THE 69
ITEMIZED BILL AND IF THE PERSON HAS NOT PAID THE FULL AMOUNT OF 70
THE FEES AND COSTS PURSUANT TO THE ITEMIZED BILL AND THE NOTICES, 71
THE CLERK MAY ISSUE A CERTIFICATE OF JUDGMENT FOR COSTS AGAINST
THE PERSON FOR THE FEES AND COSTS. 72
Sec. 2335.24. (A) In all causes in any court, except as 81
otherwise provided in section 2969.23 of the Revised Code, costs 83
taxed and entered as provided by section SECTIONS 2335.18 to 84
2335.23 of the Revised Code may be collected by the process 85
provided by those sections.
(B)(1) THE CLERK OF A COURT MAY ENTER INTO CONTRACTS WITH 87
ONE OR MORE PUBLIC AGENCIES OR PRIVATE VENDORS FOR THE COLLECTION 89
OF AMOUNTS DUE UNDER JUDGMENTS FOR COSTS. THE AMOUNTS MAY 90
INCLUDE ANY INTEREST THAT ALSO IS DUE ON A JUDGMENT FOR COSTS. 92
BEFORE ENTERING INTO A CONTRACT OF THAT NATURE, THE CLERK OF A
COURT SHALL DO BOTH OF THE FOLLOWING: 93
(a) COMPLY WITH SECTIONS 307.86 TO 307.92 OF THE REVISED 96
CODE OR ANY OTHER APPLICABLE LAW THAT PERTAINS TO REQUIRED 97
COMPETITIVE BIDDING;
(b) ENSURE THAT THE PROSPECTIVE CONTRACT'S TERMS INCLUDE 99
ONE OR MORE PROVISIONS FOR OVERSIGHT OF THE PUBLIC AGENCY'S OR 100
PRIVATE VENDOR'S COLLECTION ACTIVITIES BY BOTH THE CLERK OF THE 101
COURT AND THE LEGISLATIVE AUTHORITY ASSOCIATED WITH THE COURT, 102
3
AND OBTAIN THE LEGISLATIVE AUTHORITY'S CONSENT TO THOSE OVERSIGHT 103
PROVISIONS.
(2) AS USED IN DIVISION (B) OF THIS SECTION, "LEGISLATIVE 105
AUTHORITY" HAS THE SAME MEANING AS IN DIVISION (B) OF SECTION 106
1901.03 OF THE REVISED CODE, IF THE CLERK OF THE COURT INVOLVED 108
IS THE CLERK OF A MUNICIPAL COURT, AND MEANS A BOARD OF COUNTY 109
COMMISSIONERS, IF THE CLERK OF THE COURT INVOLVED IS THE CLERK OF 110
A COUNTY COURT OR A COURT OF COMMON PLEAS. 111
Section 2. That existing sections 2335.19 and 2335.24 of 113
the Revised Code are hereby repealed. 114