As Reported by House Civil and Commercial Law Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 294 5
1999-2000 6
REPRESENTATIVES WILLAMOWSKI-DePIERO-GRENDELL-HOLLISTER- 8
KREBS-PRINGLE-TAYLOR-TERWILLEGER-BARRETT-SALERNO 9
_________________________________________________________________ 10
A B I L L
To amend sections 2335.19 and 2335.24 of the Revised 12
Code relative to the collection of amounts due 13
under judgments for court costs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 14
Section 1. That sections 2335.19 and 2335.24 of the 16
Revised Code be amended to read as follows: 17
Sec. 2335.19. (A) On the rendition of judgment, in any 26
cause IN ANY COURT, the costs of the party recovering, together 28
with his THE PARTY'S debt or damages, shall be carried into his 29
THE PARTY'S judgment, and the costs of the party against whom 30
such THAT judgment is rendered shall be separately stated in the 32
record or docket entry. No party in whose favor judgment for 33
costs is rendered in a cause, may release, satisfy, or discharge, 35
in whole, or in part, any of such THOSE costs, unless they have 36
been THAT PARTY previously HAS paid by him THOSE COSTS to the 37
clerk of the court, or UNLESS THOSE COSTS have been paid to the 39
person entitled thereto, TO THOSE COSTS or have been legally 40
assigned or transferred to such THAT party by the persons in 42
whose names such THOSE costs stand taxed upon the record or 43
docket. 44
(B) AN ENTRY OF JUDGMENT THAT INCLUDES A GRANT OF JUDGMENT 47
FOR COSTS IS AN ORDER THAT AUTHORIZES THE CLERK OF THE COURT, IN 48
ACCORDANCE WITH DIVISION (C) OF THIS SECTION, TO ISSUE A 49
CERTIFICATE OF JUDGMENT FOR COSTS AGAINST THE PERSON WHO IS 50
LIABLE FOR THE PAYMENT OF THOSE COSTS. 51
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(C) THE CLERK OF A COURT WHO WISHES TO ISSUE A CERTIFICATE 54
OF JUDGMENT FOR COSTS PURSUANT TO A JUDGMENT FOR COSTS SHALL 55
PROVIDE AN ITEMIZED BILL OF FEES AND COSTS TO THE PERSON WHO IS 56
LIABLE FOR COSTS UNDER THE JUDGMENT, EITHER UPON THE REQUEST OF 57
THE PERSON AS SPECIFIED IN SECTION 2335.32 OF THE REVISED CODE OR 59
WITHOUT A REQUEST. IF THE PERSON DOES NOT PAY THE FEES AND COSTS 60
WITHIN THIRTY DAYS AFTER THE CLERK PROVIDES THE ITEMIZED BILL, 61
THE CLERK SHALL SEND THE PERSON A NOTICE REQUESTING PAYMENT OF 62
THE FEES AND COSTS AS STATED IN THE ITEMIZED BILL. IF THE PERSON 63
DOES NOT RESPOND TO THE NOTICE WITH THE FULL PAYMENT OF THE FEES 64
AND COSTS WITHIN THIRTY DAYS, THE CLERK SHALL SEND THE PERSON A 66
SECOND NOTICE REQUESTING PAYMENT OF THE FEES AND COSTS. IF 67
NINETY DAYS ELAPSE FROM THE DATE THAT THE CLERK PROVIDES THE 68
ITEMIZED BILL AND IF THE PERSON HAS NOT PAID THE FULL AMOUNT OF 69
THE FEES AND COSTS PURSUANT TO THE ITEMIZED BILL AND THE NOTICES, 70
THE CLERK MAY ISSUE A CERTIFICATE OF JUDGMENT FOR COSTS AGAINST
THE PERSON FOR THE FEES AND COSTS. 71
Sec. 2335.24. (A) In all causes in any court, except as 80
otherwise provided in section 2969.23 of the Revised Code, costs 82
taxed and entered as provided by section SECTIONS 2335.18 to 83
2335.23 of the Revised Code may be collected by the process 84
provided by those sections.
(B)(1) THE CLERK OF A COURT MAY ENTER INTO CONTRACTS WITH 86
ONE OR MORE PUBLIC AGENCIES OR PRIVATE VENDORS FOR THE COLLECTION 88
OF AMOUNTS DUE UNDER JUDGMENTS FOR COSTS. THE AMOUNTS MAY 89
INCLUDE ANY INTEREST THAT ALSO IS DUE ON A JUDGMENT FOR COSTS. 91
BEFORE ENTERING INTO OR RENEWING A CONTRACT OF THAT NATURE, THE
CLERK OF A COURT SHALL DO ALL OF THE FOLLOWING: 93
(a) COMPLY WITH THE PROVISIONS OF SECTIONS 307.86 TO 96
307.92 OF THE REVISED CODE THAT PERTAIN TO REQUIRED COMPETITIVE 97
BIDDING. FOR PURPOSES OF COMPLYING WITH THOSE SECTIONS, THE 98
CLERK OF THE COURT SHALL BE CONSIDERED THE CONTRACTING AUTHORITY. 99
(b) OBTAIN THE APPROVAL OF THE TERMS OF THE CONTRACT BY 101
THE LEGISLATIVE AUTHORITY ASSOCIATED WITH THE COURT; 102
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(c) ENSURE THAT THE PROSPECTIVE CONTRACT'S TERMS INCLUDE 104
ONE OR MORE PROVISIONS FOR OVERSIGHT OF THE PUBLIC AGENCY'S OR 105
PRIVATE VENDOR'S COLLECTION ACTIVITIES BY BOTH THE CLERK OF THE 106
COURT AND THE LEGISLATIVE AUTHORITY ASSOCIATED WITH THE COURT. 107
(2) AS USED IN DIVISION (B) OF THIS SECTION, "LEGISLATIVE 109
AUTHORITY" HAS THE SAME MEANING AS IN DIVISION (B) OF SECTION 110
1901.03 OF THE REVISED CODE, IF THE CLERK OF THE COURT INVOLVED 112
IS THE CLERK OF A MUNICIPAL COURT, AND MEANS A BOARD OF COUNTY 113
COMMISSIONERS, IF THE CLERK OF THE COURT INVOLVED IS THE CLERK OF 114
A COUNTY COURT OR A COURT OF COMMON PLEAS. 115
Section 2. That existing sections 2335.19 and 2335.24 of 117
the Revised Code are hereby repealed. 118