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As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 294 |
REPRESENTATIVES WILLAMOWSKI-DePIERO-GRENDELL-HOLLISTER-
KREBS-PRINGLE-TAYLOR-TERWILLEGER-BARRETT-SALERNO-FLANNERY-
AMSTUTZ-JOLIVETTE-MEAD-VESPER-MAIER-CORE-TIBERI-BUCHY
A BILL
To amend sections 2335.19 and 2335.24 of the Revised Code relative to the
collection of amounts due under judgments for court costs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2335.19 and 2335.24 of the Revised Code be amended to
read as follows:
Sec. 2335.19. (A) On the rendition of judgment, in any
cause IN ANY COURT, the costs of the
party recovering, together with his THE PARTY'S debt or damages,
shall be carried into his THE PARTY'S
judgment, and the costs of the party against whom such THAT
judgment is rendered
shall be separately stated in the record or docket entry. No party in whose
favor judgment for costs is rendered in a cause, may release, satisfy,
or
discharge, in whole, or in part, any of such THOSE costs,
unless they have been THAT PARTY
previously HAS paid by him THOSE COSTS to the clerk of
the court, or UNLESS THOSE COSTS
have been paid to the
person entitled thereto, TO THOSE COSTS or have been legally
assigned or transferred to such THAT
party by the persons in whose names such THOSE costs stand taxed
upon the record or
docket.
(B) AN ENTRY OF JUDGMENT THAT INCLUDES A GRANT OF
JUDGMENT FOR COSTS IS AN ORDER THAT AUTHORIZES THE CLERK OF THE
COURT, IN ACCORDANCE WITH DIVISION
(C) OF THIS SECTION, TO ISSUE A
CERTIFICATE OF JUDGMENT FOR COSTS AGAINST THE PERSON WHO IS LIABLE FOR THE
PAYMENT OF THOSE COSTS.
(C) THE CLERK OF A COURT WHO
WISHES TO ISSUE A CERTIFICATE OF JUDGMENT FOR COSTS PURSUANT TO
A JUDGMENT FOR COSTS SHALL PROVIDE AN ITEMIZED BILL OF FEES AND
COSTS TO THE PERSON WHO IS LIABLE FOR COSTS UNDER THE JUDGMENT,
EITHER UPON THE REQUEST OF THE PERSON AS SPECIFIED IN SECTION
2335.32 OF THE REVISED
CODE OR WITHOUT A REQUEST. IF
THE PERSON DOES NOT PAY THE FEES AND COSTS WITHIN THIRTY DAYS AFTER THE
CLERK PROVIDES THE ITEMIZED BILL, THE CLERK SHALL SEND THE
PERSON A NOTICE REQUESTING PAYMENT OF THE FEES AND COSTS AS
STATED IN THE ITEMIZED BILL. IF THE PERSON DOES NOT RESPOND TO
THE NOTICE WITH THE FULL PAYMENT OF THE FEES AND COSTS WITHIN THIRTY DAYS, THE
CLERK
SHALL SEND THE PERSON A SECOND NOTICE REQUESTING PAYMENT OF THE
FEES AND COSTS. IF NINETY DAYS ELAPSE FROM THE DATE THAT THE
CLERK PROVIDES THE ITEMIZED BILL AND IF THE PERSON HAS NOT PAID THE
FULL AMOUNT OF THE FEES AND COSTS PURSUANT TO THE ITEMIZED BILL AND
THE NOTICES, THE CLERK MAY ISSUE A CERTIFICATE OF JUDGMENT FOR COSTS AGAINST
THE PERSON FOR THE FEES AND COSTS.
Sec. 2335.24. (A) In all causes in any court, except as otherwise
provided in
section 2969.23 of the Revised Code, costs taxed and entered as provided
by section SECTIONS 2335.18 to 2335.23 of the Revised Code
may be collected by the process provided by those sections.
(B)(1) THE CLERK OF A COURT MAY ENTER INTO CONTRACTS WITH ONE OR
MORE PUBLIC AGENCIES
OR PRIVATE VENDORS FOR THE COLLECTION OF AMOUNTS DUE UNDER JUDGMENTS FOR
COSTS. THE AMOUNTS MAY INCLUDE ANY INTEREST THAT ALSO IS DUE ON A JUDGMENT
FOR
COSTS. BEFORE ENTERING INTO OR RENEWING A CONTRACT OF THAT NATURE, THE CLERK
OF A COURT
SHALL DO ALL OF THE FOLLOWING:
(a) COMPLY
WITH THE PROVISIONS OF SECTIONS 307.86 TO 307.92 of the Revised Code THAT PERTAIN
TO REQUIRED COMPETITIVE BIDDING. FOR PURPOSES OF COMPLYING WITH THOSE
SECTIONS, THE CLERK OF THE COURT SHALL BE CONSIDERED THE CONTRACTING
AUTHORITY.
(b) OBTAIN THE APPROVAL OF THE TERMS OF THE CONTRACT BY THE
LEGISLATIVE AUTHORITY ASSOCIATED WITH THE COURT;
(c) ENSURE THAT THE PROSPECTIVE CONTRACT'S TERMS INCLUDE ONE OR
MORE PROVISIONS FOR OVERSIGHT OF THE PUBLIC AGENCY'S OR PRIVATE
VENDOR'S COLLECTION ACTIVITIES BY BOTH THE CLERK OF THE COURT AND
THE LEGISLATIVE AUTHORITY ASSOCIATED WITH THE COURT.
(2) AS USED IN DIVISION (B) OF THIS SECTION, "LEGISLATIVE
AUTHORITY" HAS THE SAME MEANING AS IN DIVISION (B) OF SECTION
1901.03 OF THE REVISED CODE, IF THE CLERK OF THE COURT
INVOLVED IS
THE CLERK OF A MUNICIPAL COURT, AND MEANS A BOARD OF COUNTY COMMISSIONERS, IF
THE CLERK OF THE COURT INVOLVED IS THE CLERK OF A
COUNTY COURT OR A COURT OF COMMON PLEAS.
Section 2. That existing sections 2335.19 and 2335.24 of the Revised Code are
hereby repealed.
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