To amend sections 2329.13, 2329.14, 2329.26, and 2329.27 of the Revised Code to require that a specified written notice be given to certain parties to the underlying action prior to an execution sale of real or personal property and to specify consequences of an execution sale that occurs after that notice and public notice by newspaper publication has been given.

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

Sec. 2329.13. The (A) GOODS AND CHATTELS LEVIED UPON BY VIRTUE OF AN EXECUTION OF A COURT OF RECORD SHALL NOT BE SOLD UNTIL BOTH OF THE FOLLOWING OCCUR:

(1)(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(1)(b) OF THIS SECTION, THE JUDGMENT CREDITOR WHO SEEKS THE SALE OF THE GOODS AND CHATTELS OR THE JUDGMENT CREDITOR'S ATTORNEY DOES BOTH OF THE FOLLOWING:

(i) CAUSES A WRITTEN NOTICE OF THE DATE, TIME, AND PLACE OF THE SALE TO BE SERVED IN ACCORDANCE WITH DIVISIONS (A) AND (B) OF CIVIL RULE 5 UPON THE JUDGMENT DEBTOR AND UPON EACH OTHER PARTY TO THE ACTION IN WHICH THE JUDGMENT GIVING RISE TO THE EXECUTION WAS RENDERED;

(ii) AT LEAST THREE CALENDAR DAYS PRIOR TO THE DATE OF THE SALE, FILES WITH THE CLERK OF THE COURT THAT RENDERED THE JUDGMENT GIVING RISE TO THE EXECUTION A COPY OF THE WRITTEN NOTICE DESCRIBED IN DIVISION (A)(1)(a)(i) OF THIS SECTION WITH PROOF OF SERVICE ENDORSED ON THE COPY IN THE FORM DESCRIBED IN DIVISION (D) OF CIVIL RULE 5.

(b) SERVICE OF THE WRITTEN NOTICE DESCRIBED IN DIVISION (A)(1)(a)(i) OF THIS SECTION IS NOT REQUIRED TO BE MADE UPON ANY PARTY WHO IS IN DEFAULT FOR FAILURE TO APPEAR IN THE ACTION IN WHICH THE JUDGMENT GIVING RISE TO THE EXECUTION WAS RENDERED.

(2)(a) SUBJECT TO DIVISION (A)(2)(b) OF THIS SECTION, THE officer who levies upon THE goods and chattels by virtue of an execution by a court of record, before he proceeds to sell them shall give GIVES public notice of the DATE, time, and place of THE sale, for at least ten days before the day of sale. Such notice shall be given by advertisement published in a newspaper published in and of general circulation in the county. The court ordering such THE sale may, DESIGNATE in the order of sale, designate the newspaper in which such THIS PUBLIC notice shall be published.

Where (b) IF the goods to be sold are merchandise or inventory used in connection with a trade or business, and such IF THE sale is to satisfy a judgment in favor of the state, or one of its political subdivisions, for delinquent taxes, PUBLIC notice OF THE SALE shall be given by published advertisement in a newspaper PUBLISHED IN AND of general circulation IN THE COUNTY once a week for three weeks preceding the date of the sale. In the case of a sale of goods used in CONNECTION WITH a trade or business, notice of the location, date, and nature of such THAT sale ALSO shall be conspicuously posted on the premises where the trade or business is carried on, and on the premises where the goods to be sold are kept if such goods THEY are located elsewhere.

(B)(1) A SALE OF GOODS AND CHATTELS LEVIED UPON BY VIRTUE OF AN EXECUTION OF A COURT OF RECORD MAY BE SET ASIDE IN ACCORDANCE WITH DIVISION (B)(2) OF THIS SECTION.

(2) SUBJECT TO DIVISIONS (B)(3) AND (4) OF THIS SECTION, ALL SALES OF GOODS AND CHATTELS LEVIED UPON BY VIRTUE OF AN EXECUTION OF A COURT OF RECORD THAT ARE MADE WITHOUT COMPLIANCE WITH THE WRITTEN NOTICE REQUIREMENTS OF DIVISION (A)(1)(a) OF THIS SECTION AND THE PUBLIC NOTICE REQUIREMENTS OF DIVISION (A)(2) OF THIS SECTION SHALL BE SET ASIDE, ON MOTION, BY THE COURT TO WHICH THE EXECUTION IS RETURNABLE.

(3) PROOF OF SERVICE ENDORSED UPON A COPY OF THE WRITTEN NOTICE REQUIRED BY DIVISION (A)(1)(a) OF THIS SECTION SHALL BE CONCLUSIVE EVIDENCE OF THE SERVICE OF THE WRITTEN NOTICE IN COMPLIANCE WITH THE REQUIREMENTS OF THAT DIVISION, UNLESS, PRIOR TO THE CONFIRMATION OF THE SALE OF THE GOODS AND CHATTELS AS DESCRIBED IN DIVISION (B)(4) OF THIS SECTION, A PARTY FILES A MOTION TO SET ASIDE THE SALE PURSUANT TO DIVISION (B)(1) OF THIS SECTION AND ESTABLISHES BY A PREPONDERANCE OF THE EVIDENCE THAT THE PROOF OF SERVICE IS FRAUDULENT.

(4) IF THE COURT TO WHICH THE EXECUTION IS RETURNABLE ENTERS ITS ORDER CONFIRMING THE SALE OF THE GOODS AND CHATTELS, THE ORDER HAS BOTH OF THE FOLLOWING EFFECTS:

(a)THE ORDER SHALL BE DEEMED TO CONSTITUTE A JUDICIAL FINDING AS FOLLOWS:

(i) THAT THE SALE OF THE GOODS AND CHATTELS COMPLIED WITH THE WRITTEN NOTICE REQUIREMENTS OF DIVISION (A)(1)(a) OF THIS SECTION AND THE PUBLIC NOTICE REQUIREMENTS OF DIVISION (A)(2) OF THIS SECTION, OR THAT COMPLIANCE OF THAT NATURE DID NOT OCCUR BUT THE FAILURE TO GIVE A WRITTEN NOTICE TO A PARTY ENTITLED TO NOTICE UNDER DIVISION (A)(1)(a) OF THIS SECTION HAS NOT PREJUDICED THAT PARTY;

(ii) THAT ALL PARTIES ENTITLED TO NOTICE UNDER DIVISION (A)(1)(a) OF THIS SECTION RECEIVED ADEQUATE NOTICE OF THE DATE, TIME, AND PLACE OF THE SALE OF THE GOODS AND CHATTELS.

(b) THE ORDER BARS THE FILING OF ANY FURTHER MOTIONS TO SET ASIDE THE SALE OF THE GOODS AND CHATTELS.

Sec. 2329.14. When goods and chattels levied upon by execution cannot be sold for want of bidders, or FOR want of time, the officer who makes the return shall annex to the execution a true inventory of the goods and chattels remaining unsold. The plaintiff in such THAT execution thereupon may have another execution issued directing the sale of the property GOODS AND CHATTELS levied upon; but it. THE GOODS AND CHATTELS shall not be SO sold unless the time and place of sale is advertised as directed in WRITTEN NOTICE REQUIREMENTS OF DIVISION (A)(1)(a) OF SECTION 2329.13 OF THE REVISED CODE AND THE PUBLIC NOTICE REQUIREMENTS OF DIVISION (A)(2) OF THAT section 2329.13 of the Revised Code FIRST HAVE BEEN SATISFIED. DIVISION (B) OF THAT SECTION ALSO APPLIES TO ANY SALE OF GOODS AND CHATTELS LEVIED UPON BY VIRTUE OF A SUBSEQUENT EXECUTION OF A COURT OF RECORD UNDER THIS SECTION.

Sec. 2329.26. (A) Lands and tenements taken in execution shall not be sold until the BOTH OF THE FOLLOWING OCCUR:

(1)(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(1)(b) OF THIS SECTION, THE JUDGMENT CREDITOR WHO SEEKS THE SALE OF THE LANDS AND TENEMENTS OR THE JUDGMENT CREDITOR'S ATTORNEY DOES BOTH OF THE FOLLOWING:

(i) CAUSES A WRITTEN NOTICE OF THE DATE, TIME, AND PLACE OF THE SALE TO BE SERVED IN ACCORDANCE WITH DIVISIONS (A) AND (B) OF CIVIL RULE 5 UPON THE JUDGMENT DEBTOR AND UPON EACH OTHER PARTY TO THE ACTION IN WHICH THE JUDGMENT GIVING RISE TO THE EXECUTION WAS RENDERED;

(ii)AT LEAST SEVEN CALENDAR DAYS PRIOR TO THE DATE OF THE SALE, FILES WITH THE CLERK OF THE COURT THAT RENDERED THE JUDGMENT GIVING RISE TO THE EXECUTION A COPY OF THE WRITTEN NOTICE DESCRIBED IN DIVISION (A)(1)(a)(i) OF THIS SECTION WITH PROOF OF SERVICE ENDORSED ON THE COPY IN THE FORM DESCRIBED IN DIVISION (D) OF CIVIL RULE 5.

(b) SERVICE OF THE WRITTEN NOTICE DESCRIBED IN DIVISION (A)(1)(a)(i) OF THIS SECTION IS NOT REQUIRED TO BE MADE UPON ANY PARTY WHO IS IN DEFAULT FOR FAILURE TO APPEAR IN THE ACTION IN WHICH THE JUDGMENT GIVING RISE TO THE EXECUTION WAS RENDERED.

(2) THE officer taking them THE LANDS AND TENEMENTS gives public notice of the DATE, time, and place of THE sale, for at least thirty days before the day of sale, by advertisement in a newspaper published in and of general circulation in the county. The court ordering THE sale may, DESIGNATE in the order of sale, designate the newspaper in which such THIS PUBLIC notice shall be published,AND THIS PUBLIC NOTICE IS SUBJECT TO DIVISION (A) OF SECTION 2329.27 OF THE REVISED CODE.

(B) A SALE OF LANDS AND TENEMENTS TAKEN IN EXECUTION MAY BE SET ASIDE IN ACCORDANCE WITH DIVISION (B) OF SECTION 2329.27 OF THE REVISED CODE.

Sec. 2329.27. (A) When the advertisement provided for in PUBLIC NOTICE REQUIRED BY DIVISION (A)(2) OF section 2329.26 of the Revised Code, is made in a newspaper published weekly, it is sufficient to insert it for three consecutive weeks. If there are both a daily and weekly edition of the paper selected, ARE PUBLISHED and the circulation of the daily in the county exceeds that of the weekly IN THE COUNTY, or if the lands and tenements taken in execution are situated in a city, and there are published both a daily and weekly edition of the paper selected ARE PUBLISHED, and the circulation of the daily in such THAT city exceeds that THE CIRCULATION of the weekly IN THAT CITY, it is sufficient to publish the advertisement PUBLIC NOTICE in the daily once a week for three consecutive weeks before the day of sale, each insertion to be on the same day of the week. The expense of such THAT publication in a daily shall not exceed the cost of publishing it in a weekly. All

(B)(1) SUBJECT TO DIVISIONS (B)(2) AND (3) OF THIS SECTION, ALL sales OF LANDS AND TENEMENTS TAKEN IN EXECUTION THAT ARE made without such advertisement COMPLIANCE WITH THE WRITTEN NOTICE REQUIREMENTS OF DIVISION (A)(1)(a) OF SECTION 2329.26 of the Revised Code AND THE PUBLIC NOTICE REQUIREMENTS OF DIVISION (A)(2) OF THAT SECTION AND DIVISION (A) OF THIS SECTION shall be set aside, on motion, by the court to which the execution is returnable.

(2) PROOF OF SERVICE ENDORSED UPON A COPY OF THE WRITTEN NOTICE REQUIRED BY DIVISION (A)(1)(a) OF SECTION 2329.26 OF THE REVISED CODE SHALL BE CONCLUSIVE EVIDENCE OF THE SERVICE OF THE WRITTEN NOTICE IN COMPLIANCE WITH THE REQUIREMENTS OF THAT DIVISION, UNLESS A PARTY FILES A MOTION TO SET ASIDE THE SALE OF THE LANDS AND TENEMENTS PURSUANT TO DIVISION (B)(1) OF THIS SECTION AND ESTABLISHES BY A PREPONDERANCE OF THE EVIDENCE THAT THE PROOF OF SERVICE IS FRAUDULENT.

(3) IF THE COURT TO WHICH THE EXECUTION IS RETURNABLE ENTERS ITS ORDER CONFIRMING THE SALE OF THE LANDS AND TENEMENTS, THE ORDER SHALL HAVE BOTH OF THE FOLLOWING EFFECTS:

(a) THE ORDER SHALL BE DEEMED TO CONSTITUTE A JUDICIAL FINDING AS FOLLOWS:

(i) THAT THE SALE OF THE LANDS AND TENEMENTS COMPLIED WITH THE WRITTEN NOTICE REQUIREMENTS OF DIVISION (A)(1)(a) OF SECTION 2329.26 OF THE REVISED CODE AND THE PUBLIC NOTICE REQUIREMENTS OF DIVISION (A)(2) OF THAT SECTION AND DIVISION (A) OF THIS SECTION, OR THAT COMPLIANCE OF THAT NATURE DID NOT OCCUR BUT THE FAILURE TO GIVE A WRITTEN NOTICE TO A PARTY ENTITLED TO NOTICE UNDER DIVISION (A)(1)(a)OF SECTION 2329.26 OF THE REVISED CODE HAS NOT PREJUDICED THAT PARTY;

(ii) THAT ALL PARTIES ENTITLED TO NOTICE UNDER DIVISION (A)(1)(a) OF SECTION 2329.26 OF THE REVISED CODE RECEIVED ADEQUATE NOTICE OF THE DATE, TIME, AND PLACE OF THE SALE OF THE LANDS AND TENEMENTS.

(b) THE ORDER BARS THE FILING OF ANY FURTHER MOTIONS TO SET ASIDE THE SALE OF THE LANDS AND TENEMENTS.